PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
January 17, 2017
1. Key Terms
Yoosit provides an online platform that connects hosts who have Listings, transportation or experiences to share with guests seeking to share such Listings, transportation or experiences (collectively, the "Services"), which Services are accessible at www.yoosit.com and any other websites through which Yoosit makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
Listings mean:
1-"Listing" which means private residential and other real estate properties.
2-"Transportation" which means any privately owned way of transportation.
3-"Experiences" which means any privately offered experience.
"Yoosit Content" means all Content that Yoosit makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
"Booking Request Period" means the time period starting from the time when a booking is requested by a Guest (as determined by Yoosit in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
"Collective Content" means Member Content and Yoosit Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Guest" means a Member who requests from a Host a booking of a Listing via the Site, Application or Services.
"Host" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means an Listing, Transportation or Experience that is listed by a Host as available for sharing via the Site, Application, and Services.
"Member" means a person who completes Yoosit's account registration process, including but not limited to Hosts and Guests, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Yoosit promotional campaign to be made available through the Site, Application or Services.
2. Terms of Service
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Yoosit. Please also read carefully our Privacy Policy at Privacy Policy.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR LISTINGS, TRANSPORTATIONS AND EXPERIENCES, AND GUESTS MAY LEARN ABOUT AND BOOK DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT YOOSIT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS YOOSIT A REAL ESTATE BROKER, AGENT OR INSURER. YOOSIT HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY LISTINGS, TRANSPORTATION OR EXPERIENCE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON YOOSIT, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH YOOSIT IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF YOOSIT FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF YOOSIT. YOOSIT DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF YOOSIT, INCLUDING BY INAPPROPRIATELY USING ANY YOOSIT INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
3. Modification
Yoosit reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
4. Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
5. How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of Listings, Transportation or Experiences. Such Listings, Transportation or Experiences are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Listings, Transportation or Experiences, or create a Listing, you must first register to create an Yoosit Account (defined below).
As stated above, Yoosit makes available an online platform with related technology for Guests and Hosts to meet online and arrange for bookings of Listings, Transportation or Experiences directly with each other. Yoosit is not an owner or operator of any item or items in the listing. Unless explicitly specified otherwise in the Yoosit platform, Yoosit's responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND SHARING LISTINGS, TRANSPORTATION OR EXPERIENCES DIRECTLY WITH EACH OTHER. YOOSIT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LISTINGS, TRANSPORTATION OR EXPERIENCES. YOOSIT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND LISTINGS, TRANSPORTATION OR EXPERIENCES. ACCORDINGLY, ANY SHARING OR BOOKING WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
6. Account Registration
In order to access certain features of the Site and Application, and to book an Listing or create a Listing, you must register to create an account ("Yoosit Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Yoosit Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Yoosit through the Site, Services or Application; or (ii) allowing Yoosit to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Yoosit and/or grant Yoosit access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Yoosit to pay any fees or making Yoosit subject to any usage limitations imposed by such third-party service providers. By granting Yoosit access to any Third-Party Accounts, you understand that Yoosit will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Yoosit Account and Yoosit Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Yoosit Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Yoosit's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Yoosit Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Yoosit makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Yoosit is not responsible for any SNS Content.
Your Yoosit Account and your Yoosit Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Yoosit Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Yoosit reserves the right to suspend or terminate your Yoosit Account and your access to the Site, Application and Services if you create more than one (1) Yoosit Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Yoosit Account, whether or not you have authorized such activities or actions. You will immediately notify Yoosit of any unauthorized use of your Yoosit Account.
7. Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the listing, including, but not limited to, the location, capacity, size, features, and availability of the Listing and pricing or Yoosit points and related rules and financial terms when applicable. In order to be featured in Listings via the Site, Application and Services, all listings must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of booking.
Other Members will be able to book your Listing via the Site, Application and Services based upon the information provided in your Listing, your Guest requirements, and Guests' search parameters and preferences. You understand and agree that once Guest requests a booking of your Listing, you are free to deviate from the price and offered yoosit points. The host and guest are free to negotiate without restriction and its up the host and guest to agree on the payment terms privately. Yoosit does not allow or facilitate money transactions. Money transactions are between host and guest to be decided and managed privately. Hosts and guests a free to communicate ad deviate from any offer without restrictions. Yoosit is only involved in Yoosit point’s transactions.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Listing in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any of item of your Listings (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Yoosit assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Yoosit reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Yoosit, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.
If you are a Host, you understand and agree that Yoosit does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Listed item and stays or uses your Listed item, any agreement you enter into with such Guest is between you and the Guest and Yoosit is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Listed item, such as requiring Members to have a profile picture or verified phone number, in order to book your Listed item. Any Member wishing to book Listed item included in Listings with such requirements must meet these requirements.
If you are a Host, Yoosit makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Listed item. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Listed item at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Listed item, if applicable.)
Yoosit recommends that Hosts obtain appropriate insurance for their Listed item. Please review any insurance policy that you may have for your Listed item carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Listing, if applicable) while at making use of your listed or offered item.
Yoosit may offer Hosts the option of having photographers take photographs of their Listed item. If you as a Host choose to have photographer do this, Yoosit shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words "Yoosit.com Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Host for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute Yoosit Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Yoosit. If your Yoosit Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Yoosit retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
8. No Endorsement
Yoosit does not endorse any Member, Listing or Host. You understand that Verified Images are intended only to indicate a photographic representation of the Listing at the time the photograph was taken. Verified Images are therefore not an endorsement by Yoosit of any Member or Listing.
Members are required by these Terms to provide accurate information. Although Yoosit may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
By registering for an Yoosit Account, you agree that Yoosit may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we'll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Yoosit about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept or preapprove a booking request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Yoosit with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
9. Bookings and Financial Terms
A. Key Definitions
"Price" or "Indication Price" or means the amounts that are due and payable by a Guest in exchange for that Guest's use of a Listing whether paid in money or in Yoosit points. The Host alone, and not Yoosit, is responsible for the "Price" or "Indication Price" for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Yoosit platform, or (ii) Taxes or Isurences that the Host determines that he or she has to collect. The "Price" or "Indication Price" is indicated per unit on the listing page. The final total to be paid amount is agreed between Host and Guest privately as Yoosit will not and is not involved in any money transactions. Yoosit only transfers requested amount of Yoosit points agreed and confirmed by Host and Guest. Yoosit does not need to link that transfer to any agreed booking as bookings can be agreed privately outside of Yoosit knowledge. Yoosit will only react to agreed and approved transfer of points between Host and Guest.
B. Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your Listing via the Site, Application or Services, you will be the sole responsible for confirming, agreeing, cancelling and arranging a payment privately with your guest. Yoosit is only a platform that allows you as a host to be found and as a guest to find a host. Guest and host can agree freely through yoosit communication tools or privately how the transaction will take place. Yoosit does not get involved in any money transactions concerning a booking, unless the host and guest agree to reimbourse each other in Yoosit points. After host and guest agreed and approved the total Yoosit Points, Yoosit will make the transaction. Both host and guest will get a confirmation request email from Yoosit and once Yoosit receives both approvals the transaction will be made. The same applies in case of cancellations. Cancellation policies are agreed between host and guest and Yoosit will not be held accountable for any violation. Yoosit can only middiate and try to solve any conflict if requested by both parties.
A Yoosit Point transaction will also take place regadless of any agreed bookings. Hosts and Guests can grant each other points at any time. Yoosit only reacts to Points requests from 2 parties. They both need to agree, confirm and approve the transaction and Yoosit wil make the transfer.
C. Bookings and Financial Terms for Guests
The Hosts, not Yoosit, are solely responsible for honoring any confirmed bookings and making available any Listings reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a Listing, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Listing imposed by the Host. You acknowledge and agree that you, and not Yoosit, will be responsible for performing the obligations of any such agreements, that Yoosit is not a party to such agreements.
The Total Fees or Yoosit Points payable will not be displayed to a Guest before the Guest sends a booking request to a Host. Yoosit only shows an indication price per unit and the total fees are up to Host and Guest to agree upon privately or through Yoosit communication tools.
D. Service Fees and Other Fees
In consideration for the use of Yoosit's online platform, Yoosit charges NO Service Fees. Yoosit is a free platform that brings hosts and guests together free of charge.
Yoosit do accept donations to help improve its services and platform.
E. General Booking and Financial Terms
Cancellations and Refunds
As Yoosit does not get involved in any bookings or confirmations of such bookings, Yoosit will not be involved in the cancellation and refunds of such booking. Bookings are agreed privately between Host and Guest and can take place through private chanals where Yoosit has no knowledge of. A booking can still be made through Yoosit communication tools but it still does not mean that Yoosit is in any way or shape responsible for any obligations that come with such booking. Yoosit is providing only a communication chanal and is not responsible for its content.
If a Host and Guest agree to cancel a confirmed booking paid for with Yoosit points, Yoosit only needs both parties confirmation of the to be transferred amount of points and Yoosit will make the transaction. Yoosit only needs to receive the confirmation message from both parties through Yoosit communication platform to make the transfer. Yoosit does noet get involved in any disputes, vialations and arguments between Host and Guest.
10. Taxes
You as a Host understand and agree that you are solely responsible for determining your applicable Tax reporting requirements, and the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Yoosit cannot and does not offer Tax-related advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Listing is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of Listings, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").
11. Foreign Currency
Yoosit's online platform only shows the indication prices in Euro at this point.
12. Damage to Listings and Security Deposits
As a Guest, you are responsible for leaving the Listing in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Listing.
As Host you are responsible for insuring your property and have coverage for any caused damages. Please contact your local insurance brokers as more and more insurers offer coverages for damages when sharing goods and services.
Yoosit does not get involved in any damage or security conflicts and only can give advice on how to protect your property and gain trust.
Yoosit has the right to remove any User or Host deemed not trustworthy and if Yoosit has a slight proof of fraud or abuse of the platform or its users. Yoosit can start an investigation into a Host or Guest and can decide to remove the user if Yoosit thinks its necessary. Yoosit is not obliged to explain its decision to Host or Guest.
13. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
A. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
B. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
C. access or use our Site, Application, Services or the Yoosit API to use, expose, or allow to be used or exposed, any Yoosit Content: (i) that is not publicly displayed by Yoosit in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Yoosit Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Yoosit's users or any other third party;
D. use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Yoosit endorsement, partnership or otherwise misleads others as to your affiliation with Yoosit;
E. dilute, tarnish or otherwise harm the Yoosit brand in any way, including through unauthorized use of Collective Content, registering and/or using Yoosit 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 Yoosit domains, trademarks, taglines, promotional campaigns or Collective Content
F. copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
G. infringe the rights of Yoosit or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
H. interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
I. use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
J. use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
K. "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Yoosit Guest or Host;
L. offer, as a Host, any Listing that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Listings as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
M. offer, as a Host, any Listing that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
N. register for more than one Yoosit Account or register for an Yoosit Account on behalf of an individual other than yourself;
O. unless Yoosit explicitly permits otherwise, request or book a stay at any Listing if you will not actually be staying at the Listing yourself;
P. contact another Member for any purpose other than asking a question related to a Booking, Listing, or the Member's use of the Site, Application and Services;
Q. recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Yoosit, without Yoosit's prior written approval;
R. recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
S. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
T. use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
U. as a Host, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
V. violate these Terms or Yoosit standarts.
W. engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
X. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
Y. systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
Z. use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Yoosit's name, any Yoosit trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Yoosit's express written consent;
AA. access, tamper with, or use non-public areas of the Site, Application or Services, Yoosit's computer systems, or the technical delivery systems of Yoosit's providers;
BB. attempt to probe, scan, or test the vulnerability of any Yoosit system or network or breach any security or authentication measures;
CC. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Yoosit or any of Yoosit's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
DD. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
EE. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
FF. advocate, encourage, or assist any third party in doing any of the foregoing.
Yoosit has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Yoosit may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or Yoosit Account, for a violation of this Section or these Terms.
Yoosit may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Yoosit or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Yoosit, its users, or members of the public. You acknowledge that Yoosit has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Yoosit reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Yoosit, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Reporting Misconduct
If you stay with or host anyone who you feel 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.
14. Privacy
You agree that Yoosit's Privacy Policy (as may be updated from time to time) governs Yoosit's collection and use of your personal information.
15. Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Yoosit and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Yoosit used on or in connection with the Site, Application, Services, and Yoosit Content are trademarks or registered trademarks of Yoosit in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Yoosit Content are used for identification purposes only and may be the property of their respective owners. As a Host, Guest, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content.
16. Application License
Subject to your compliance with these Terms, Yoosit grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Yoosit reserves all rights in the Application not expressly granted to you by these Terms.
17. Yoosit Content and Member Content License
Subject to your compliance with these Terms, Yoosit grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Yoosit Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except 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 Yoosit or its licensors, except for the licenses and rights expressly granted in these Terms.
18. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Yoosit promotional campaigns, you hereby grant to Yoosit a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Yoosit does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Yoosit promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Yoosit promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Yoosit the rights in 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 Yoosit's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Yoosit promotional campaigns 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.
19. Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Yoosit is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Yoosit of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Some portions of the Yoosit platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use.
20. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Yoosit and you hereby irrevocably assign to Yoosit and agree to irrevocably assign to Yoosit all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Yoosit's request and expense, you will execute documents and take such further acts as Yoosit may reasonably request to assist Yoosit to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
21. Copyright Policy
Notification of Copyright Infringement
Yoosit respects the intellectual property rights of others and expects its users to do the same.
It is Yoosit’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Yoosit. Upon receipt of the Notice as described below, Yoosit will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.
DMCA Notice of Alleged Infringement ("Notice")
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
22. Term and Termination, Suspension and Other Measures
A. Term
This Agreement shall be effective for a 60-day term, at the end of which it will automatically and continuously renew for subsequent 60-day terms until such time when you or Yoosit terminate the Agreement as described below.
B. Termination for convenience
You may terminate this Agreement at any time by sending us an email. If you cancel your Yoosit Account as a Host, it is your responsibility to cancell any confirmed bookings with your Guest. If you cancel your Yoosit Account as a Guest, it is your responsibility to cancell any confirmed bookings with your Host.
Without limiting our rights specified below, Yoosit may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
C. Termination for breach, suspension and other measures
Yoosit may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Yoosit Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Yoosit believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Yoosit or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Yoosit may deactivate or delay Listings, reviews, or other Member Content, limit your use of or access to your Yoosit Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Yoosit Account, or temporarily or permanently suspend your Yoosit Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Guests, or (ii) Yoosit believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Yoosit or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Yoosit and an opportunity to resolve the issue to Yoosit's reasonable satisfaction.
D. Consequences
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Yoosit Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Yoosit Account has been suspended or this Agreement has been terminated by us, you may not register a new Yoosit Account or attempt to access and use the Site, Application and Services through other Yoosit Accounts.
E. Survival
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
23. Disclaimers
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YOOSIT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. IF WE CHOOSE TO CONDUCT SUCH CHECKS, 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 USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YOOSIT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOOSIT MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY LISTINGS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOOSIT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, LISTINGS, HOSTS, GUESTS, YOUR ACCRUAL OF YOOSIT TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YOOSIT OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT YOOSIT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY LISTINGS. YOOSIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY YOOSIT. YOOSIT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
24. Limitation of Liability
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 SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF YOOSIT WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER YOOSIT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY LISTING VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOOSIT 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.
25. Indemnification
You agree to release, defend, indemnify, and hold Yoosit 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Listing, or (iii) creation of a Listing; (d) the use, condition or rental of an Listing by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Listing; and (e) or your accrual of any Yoosit Travel Credits.
26. Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by The Netherlands law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported into any of The Netherlands embargoed countries; or (b) to anyone on The Netherlands Treasury Department's list of Specially Designated Nationals or the The Netherlands Department of Commerce's Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Listing is located in a country that is subject to a U.S. Government embargo, or that has been designated by The Netherlands Government as a "terrorist supporting" country and (ii) you are not listed on any The Netherlands Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by The Netherlands law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Yoosit does not permit Listings associated with certain countries due to The Netherlands embargo restrictions. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
27. Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
A. You acknowledge and agree that (i) these Terms are concluded between you and Yoosit only, and not Apple, and (ii) Yoosit, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
B. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
C. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Yoosit and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Yoosit.
D. You and Yoosit acknowledge that, as between Yoosit and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
E. You and Yoosit acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Yoosit and Apple, Yoosit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
F. You and Yoosit acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
G. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
28. Entire Agreement
Except as they may be supplemented by additional Yoosit policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Yoosit and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Listings made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Yoosit and you regarding bookings or listings of Listings, the Site, Application, Services, and Collective Content.
29. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Yoosit's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Yoosit may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
30. Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Yoosit (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
31. Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the The Netherlands, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Amsterdam, The Netherlands, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
32. General
The failure of Yoosit to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Yoosit. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
33. Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
34. Contacting Yoosit
If you have any questions about these Terms or any App Store Sourced Application, please contact Yoosit through "Contact".