Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Meet My Spots Platform, you agree to comply with and be bound by these Terms of Service.
Last Updated: March 7, 2018
Thank you for using Meet My Spots!
These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Meet My Spots (as defined below) governing your access to and use of the Meet My Spots website, including any subdomains thereof, and any other websites through which Meet My Spots makes the Meet My Spots Services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Meet My Spots Services“). The Site, Application and Meet My Spots Services together are hereinafter collectively referred to as the “Meet My Spots Platform”.
When these Terms mention “Meet My Spots,” “we,” “us,” or “our,” it refers to the IRIS INTERNATIONAL REPRESENTATIVE FOR INDUSTRY AND SERVICES company, localisé au 170 avenue de Gairaut à Nice 06100, France you are contracting with.
- Scope of Meet My Spots Services
1.1 The Meet My Spots Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Photographers” and the services they offer are “Tours”) to publish such Tours on the Meet My Spots Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Tours (Members using Tours are “Clients”). Tours may include the offering of single or multi-day activities in various categories, access to unique events and locations, and a variety of other travel and non-travel related services.
1.2 As the provider of the Meet My Spots Platform, Meet My Spots does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Tours. Photographers alone are responsible for their Listings and Tours. When Members make or accept a booking, they are entering into a contract directly with each other. Meet My Spots is not and does not become a party to or other participant in any contractual relationship between Members, nor is Meet My Spots a real estate broker or insurer.
1.3 While we may help facilitate the resolution of disputes, Meet My Spots has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Tours, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Meet My Spots does not endorse any Member, Listing or Tours. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Meet My Spots about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Meet My Spots of any Photographer or Listing.
1.4 If you choose to use the Meet My Spots Platform as a Photographer or Co-Photographer (as defined below), your relationship with Meet My Spots is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Meet My Spots for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Meet My Spots.
1.5 To promote the Meet My Spots Platform and to increase the exposure of Listings to potential Clients, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Meet My Spots cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Meet My Spots Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
1.6 The Meet My Spots Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Meet My Spots is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Meet My Spots of such Third-Party Services.
1.7 Due to the nature of the Internet, Meet My Spots cannot guarantee the continuous and uninterrupted availability and accessibility of the Meet My Spots Platform. Meet My Spots may restrict the availability of the Meet My Spots Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Meet My Spots Platform. Meet My Spots may improve, enhance and modify the Meet My Spots Platform and introduce new Meet My Spots Services from time to time.
- Eligibility, Using the Meet My Spots Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Meet My Spots Platform or register an Meet My Spots Account. By accessing or using the Meet My Spots Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.3 Meet My Spots may make the access to and use of the Meet My Spots Platform, or certain areas or features of the Meet My Spots Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Meet My Spots Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Meet My Spots Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
- Modification of these Terms
Meet My Spots reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Meet My Spots Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Meet My Spots Platform will constitute acceptance of the revised Terms.
4.1 Meet My Spots may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Meet My Spots Platform (“Member Content“); and (ii) access and view Member Content and any content that Meet My Spots itself makes available on or through the Meet My Spots Platform, including proprietary Meet My Spots content and any content licensed or authorized for use by or through Meet My Spots from a third party (“Meet My Spots Content” and together with Member Content, “Collective Content“).
4.2 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Meet My Spots Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Meet My Spots or its licensors, except for the licenses and rights expressly granted in these Terms.
4.3 Subject to your compliance with these Terms, Meet My Spots grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Meet My Spots Platform and accessible to you, solely for your personal and non-commercial use.
4.4 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Meet My Spots Platform, you grant to Meet My Spots a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Meet My Spots Platform, in any media or platform. Unless you provide specific consent, Meet My Spots does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
4.5 You are solely responsible for all Member Content that you make available on or through the Meet My Spots Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Meet My Spots Platform or you have all rights, licenses, consents and releases that are necessary to grant to Meet My Spots the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Meet My Spots’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.6 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Meet My Spots’s Content Policy or any other Meet My Spots policy. Meet My Spots may, without prior notice, remove or disable access to any Member Content that Meet My Spots finds to be in violation of these Terms, or otherwise may be harmful or objectionable to Meet My Spots, its Members, third parties, or property.
4.7 Meet My Spots respects copyright law and expects its Members to do the same. If you believe that any content on the Meet My Spots Platform infringes copyrights you own, please notify us.
- Terms specific for Clients
5.1 Subject to meeting any requirements (such as completing any verification processes) set by the Photographer, you can book a Listing available on the Meet My Spots Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Client Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Meet My Spots Account.
5.2 Upon receipt of a booking confirmation from Meet My Spots, a legally binding agreement is formed between you and your Photographer, subject to any additional terms and conditions of the Photographer that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Meet My Spots Payments will collect the Total Fees at the time of the booking request or upon the Photographer’s confirmation.
5.3 If you book a Tour on behalf of additional Clients, you are required to ensure that every additional Client meets any requirements set by the Photographer, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Photographer. If you are booking for an additional Client who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in a tour if accompanied by an adult who is responsible for them.
5.4 You should carefully review the description of any Tour you intend to book to ensure you (and any additional Clients you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Photographer has specified in their Listing. You are required to inform the Photographer of any medical or physical conditions, or other circumstances that may impact your and any additional Client’s ability to safely participate in any Tour. In addition, certain laws, like the minimum legal drinking age in the location of the tour, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a tour.
5.5 Before and during a tour you must at all times adhere to the Photographers’ instructions.
5.6 You may not bring any additional individuals to a tour unless such an individual was added by you as an additional Client during the booking process on the Meet My Spots Platform.
- Booking Modifications, Cancellations and Refunds, Resolution Center
6.1 Photographers and Clients are responsible for any modifications to a booking that they make via the Meet My Spots Platform or direct Meet My Spots customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Photographer Fees or Client Fees and/or Taxes associated with such Booking Modifications.
6.2 Clients can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and Meet My Spots will provide any refund to the Client in accordance with such cancellation policy.
6.3 A Tour is fully refundable when the Client cancels at least 7 days before it’s scheduled to start. Cancellation requests has to be submitted to the photographer. In the case the tour mentions a different refund policy, this one prevails over the one contained in the present conditions. Given the Tour planning management, no refund is possible after the refundable period before the beginning of the concerned Tour. Any booking is fully due and the Client cannot obtain the refund of the Tour, even partially, nor a replacement by another Tour, for any reason whatsoever.
6.4 If inclement weather creates an unsafe or uncomfortable scenario for Clients, Photographers may modify or cancel a Tour. If there is a substantial change in the itinerary or the Tour needs to be cancelled, Meet My Spots will work with the Photographer to provide Clients an alternative date for the Tour, an appropriate refund or a rebooking.
6.5 In certain circumstances, Meet My Spots may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth (i) where Meet My Spots believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Meet My Spots, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
6.6 Members may use the Resolution Center to send or request money for refunds, additional Tours, or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Meet My Spots Account, and Meet My Spots will handle all such payments.
- Right of withdrawal
7.1 According to article L.121-21-8 12 of the French Consumer Rights, The Tours available on the Meet My Spots Platform constitute a leisure service provided on a specific date or period and the Client is informed that, consequently, he does not have a right of withdrawal. As such, the Client cannot request Meet My Spots to refund a Tour for any reason whatsoever.
7.2 According to article L.121-21 of the French Consumer Rights, the Client can obtain the refund of the purchase of a Gift Certificate (excluding special rates, temporary discounts and promotional discounts) or a Pack within 14 days after receiving the Code by contacting Meet My Spots.
- Rounding off, Currency conversion
8.1 Meet My Spots may, in its sole discretion, round up or round down amounts that are payable from or to Clients or Photographers to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, Meet My Spots will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, Meet My Spots may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, Meet My Spots may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000.
8.2 The Meet My Spots Platform facilitates bookings between Clients and Photographers who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Meet My Spots Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.
- Prohibited Activities
9.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Meet My Spots Platform. In connection with your use of the Meet My Spots Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms ;
- use the Meet My Spots Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- unless Meet My Spots explicitly permits otherwise, book any Listing if you will not actually be using the Tours yourself;
- contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the Meet My Spots Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Meet My Spots Platform to request, make or accept a booking independent of the Meet My Spots Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Meet My Spots Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Meet My Spots harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the Meet My Spots Platform or Collective Content, or any individual element within the Meet My Spots Platform, Meet My Spots’s name, any Meet My Spots trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Meet My Spots Platform, without Meet My Spots’s express written consent;
- dilute, tarnish or otherwise harm the Meet My Spots brand in any way, including through unauthorized use of Collective Content, registering and/or using Meet My Spots or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Meet My Spots domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Meet My Spots Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Meet My Spots or any of Meet My Spots’s providers or any other third party to protect the Meet My Spots Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Meet My Spots Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Meet My Spots Platform;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
9.2 You acknowledge that Meet My Spots has no obligation to monitor the access to or use of the Meet My Spots Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Meet My Spots Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Meet My Spots in good faith, and to provide Meet My Spots with such information and take such actions as may be reasonably requested by Meet My Spots with respect to any investigation undertaken by Meet My Spots or a representative of Meet My Spots regarding the use or abuse of the Meet My Spots Platform.
9.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Meet My Spots by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- Term and Termination, Suspension and other Measures
10.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Meet My Spots terminate the Agreement in accordance with this provision.
10.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Meet My Spots Account as a Photographer, any confirmed booking(s) will be automatically cancelled and your Clients will receive a full refund. If you cancel your Meet My Spots Account as a Client, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
10.3 Without limiting our rights specified below, Meet My Spots may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
10.4 Meet My Spots may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Meet My Spots believes in good faith that such action is reasonably necessary to protect the personal safety or property of Meet My Spots, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
10.5 In addition, Meet My Spots may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Meet My Spots Account registration, Listing process or thereafter, (iv) you and/or your Listings or Tours at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Meet My Spots otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Meet My Spots believes in good faith that such action is reasonably necessary to protect the personal safety or property of Meet My Spots, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Meet My Spots Platform;
- temporarily or permanently revoke any special status associated with your Meet My Spots Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your Meet My Spots Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Meet My Spots and an opportunity to resolve the issue to Meet My Spots’s reasonable satisfaction.
10.6 If we take any of the measures described above (i) we may refund your Clients in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
10.7 When this Agreement has been terminated, you are not entitled to a restoration of your Meet My Spots Account or any of your Member Content. If your access to or use of the Meet My Spots Platform has been limited or your Meet My Spots Account has been suspended or this Agreement has been terminated by us, you may not register a new Meet My Spots Account or access and use the Meet My Spots Platform through an Meet My Spots Account of another Member.
10.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Meet My Spots Platform or Collective Content, you do so voluntarily and at your sole risk. The Meet My Spots Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Meet My Spots Services, laws, rules, or regulations that may be applicable to your Listings and/or Tours you are receiving and that you are not relying upon any statement of law or fact made by Meet My Spots relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Toursmay carry inherent risk, and by participating in those Tours, you choose to assume those risks voluntarily. For example, some Tours may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Tours. You assume full responsibility for the choices you make before, during and after your participation in a Tour. If you are bringing a minor as an additional Client, you are solely responsible for the supervision of that minor throughout the duration of your Tour and to the maximum extent permitted by law, you agree to release and hold harmless Meet My Spots from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Tour or in any way related to your Tour.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
12.1 Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Meet My Spots Platform and Collective Content, your publishing or booking of any Listing via the Meet My Spots Platform, participation in any Tour any other interaction you have with other Members whether in person or online remains with you. Neither Meet My Spots nor any other party involved in creating, producing, or delivering the Meet My Spots Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Meet My Spots Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Meet My Spots Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Tours, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Meet My Spots has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Photographers pursuant to these Terms or an approved payment request under the Meet My Spots Photographer Guarantee, in no event will Meet My Spots’s aggregate liability arising out of or in connection with these Terms and your use of the Meet My Spots Platform including, but not limited to, from your publishing or booking of any Listings via the Meet My Spots Platform, or from the use of or inability to use the Meet My Spots Platform or Collective Content and in connection with any Tour, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Meet My Spots Platform as a Client in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Photographer, the amounts paid by Meet My Spots to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Meet My Spots and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Meet My Spots’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
12.2 If you reside in the EU, Meet My Spots is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Meet My Spots is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Meet My Spots in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Meet My Spots is excluded.
You agree to release, defend (at Meet My Spots’s option), indemnify, and hold Meet My Spots and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Meet My Spots Platform or any Meet My Spots Services, (iii) your interaction with any Member, stay at an Accommodation, participation in a tour, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Meet My Spots’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Meet My Spots Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Meet My Spots Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- General Provisions
15.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Meet My Spots and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Meet My Spots and you in relation to the access to and use of the Meet My Spots Platform.
15.2 No joint venture, partnership, employment, or agency relationship exists between you and Meet My Spots as a result of this Agreement or your use of the Meet My Spots Platform.
15.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
15.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.5 Meet My Spots’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
15.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Meet My Spots’s prior written consent. Meet My Spots may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
15.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Meet My Spots via email, Meet My Spots Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Meet My Spots transmits the notice.
15.8 If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Meet My Spots is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.