Last Updated: 05.07.2024

Welcome to Been There (“us,” “we,” the “Company”, “our Services”).

Acceptance of Terms of Use Agreement.

By creating a “Been There” account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

General

• You may not post nude, partially nude, or sexually suggestive photos.
• You are responsible for any activity and content that occurs under your account.
• You are responsible for keeping your password secure.
• You must not abuse, harass, threaten, impersonate or intimidate other users.
• You must not modify photos in ways that may abuse or manipulate the landmark recognition process.
• You must not modify, adapt or hack Been There or modify another website so as to falsely imply that it is associated with us.
• You must not access our private API by any other means other than our application itself.
• You must not crawl, scrape, or otherwise cache any content from us including but not limited to user profiles and photos.
• You must not create or submit unwanted email or comments to any other members (“Spam”).
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not, in the use of Been There, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Been There account. While we prohibit such conduct and content on our site, you understand and agree that we cannot be responsible for the content posted on our website and that you use the Service at your own risk.

Conditions

• We reserve the right to modify or terminate our service for any reason, without notice at any time.
• We reserve the right to refuse service to anyone for any reason at any time.
• We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
• We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violate any party's intellectual property or these Terms of Use.

Proprietary Rights in Content

• We do not claim any ownership rights on the images you provide.
• When uploading an image, you hereby grant us a non-exclusive, fully paid and royalty-free worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display and reproduce such content, including without limitation distributing part or all of the Site in any media formats through any media channels.
• Our service may display advertisement within the application. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
• You represent and warrant that: (i) you own the content posted by you on or through our Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through our Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of the content you post on or through our Services.
• Our Services contain content of users and other licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through our Services.
• We perform technical functions necessary to offer our Services, including but not limited to transcoding and/or reformatting content to allow its use throughout our Services.
• Although the Site and other Services are normally available, there will be occasions when those will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our control. Also, although we will normally only delete content that violates this Agreement, we reserve the right to delete any content for any reason, without prior notice. Deleted content may be stored by us in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your content. In other words, we are not a backup service. We will not be liable to you for any modification, suspension, or discontinuation of our Services, or the loss of any content.