phloc Terms of Service – Online Experiences

Last Revised: July 16, 2020

Great Experience Group Ltd. is an Israeli private company no. 515975068, having its principal place of business at Bar Hofman 3/51,  6811917 Tel Aviv-Jaffo,  Israel (“GEG”, “we”, “our”). We hereby welcome you (“User(s)” or “you”) to our website at: www.phloc.io (the “Site” or the “Website“) which provides an online service designated specifically for photographers (professionals and amateurs), in which the user can share his own pictures / images, and receive reviews, critiques, feedback and recommendations from other expert photographers, either on a 1-on-1 basis or an a 1-on-many basis (the “Services” and/or the “phloc online experiences“).

  1.              Acceptance of the Terms

By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of service, including the terms of our Privacy Policy which is available at: www.phloc.io/privacy  (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site, and you acknowledge that these Terms constitute a binding and enforceable legal contract between GEG and you.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER INTO, CONNECT TO, ACCESS OR USE THE SITE AND/OR THE SERVICES IN ANY MANNER.

If you are an individual – You may only place orders / order Services on the Site if you are an individual who (a) is at least eighteen (18) years old (see section 26 below); (b) possesses the legal authority to enter into these Terms and to form a binding agreement under any applicable law; and (iii) possesses the legal authority to make payments via the applicable service methods under any applicable law.

If you are a company – You hereby declare that: (i) the company possesses the legal authority to enter into these Terms and to form a binding agreement under any applicable law; and (ii) the person entering into the Site and placing orders and/or making payments thereon, possesses the legal authority to bind the company in such transactions, under any applicable law.

The Site prohibits the offering of any Services and/or the use of any Services in any of the sanctioned countries mentioned in the OFAC, nor does it permit any residents of such countries to register on the Website.

 

  1.              The Site

The Site is an online platform enabling Users to share  pictures / images with other users (Guides / Phlocal), via affiliated sites (e.g. Miro), to have them reviewed by other expert photographers, and to receive feedback, critiques, and/or recommendations from other expert photographers (“Phlocals“) with respect to the User’s pictures / photographs / images (via one-on-one or one-on-many online sessions – the “Sessions“).

After the User books a phloc online experience (either a one-on-one or a one-on-many) session with one of the Phlocals, and pays for such Session, the User will send certain images / photographs that the User wishes to have reviewed ,to GEG, which will upload them (subject to GEG’s internal guidelines and procedures) to a third-party external website / service. Please note that by making a payment  for such Session (via external payment service providers), the User creates a binding obligation to participate in the Session.

Please note:  GEG hires different Phlocals, who have different levels of expertise and experience. GEG is not an official website of any specific Phlocal. GEG will book your Session with the Phlocal you request (subject to such Phlocal’s availability), and will not bear any responsibility in the event that you find such Phlocal not suitable.   

Please further note:  All Phlocals will be tested by GEG, and further coached by GEG in order to confirm that they are capable of providing the review and feedback services. Nonetheless, GEG cannot – and will not – guarantee (despite making certain efforts to do so) that all Phlocals will in fact prove to be trustworthy, professional photographers, or that they will behave or act properly. 

The Site may provide additional comprehensive information regarding tourism, and about specific tourist destinations, and may include any other content related thereto such as contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, know-how, specifications materials, designs, data, the “look and feel” of the Site, GUI, interactive features and other features obtained from or through the Site (collectively, the “Content”).

AS BETWEEN COMPANY AND USER, ALL RIGHTS AND INTERESTS IN AND TO THE CONTENT AVAILABLE ON THE SITE (OTHER THAN THE USER GENERATED CONTENT, AS SUCH TERM IS DEFINED BELOW) ARE RESERVED TO GEG. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN AND THE USER GENERATED CONTENT (AS SUCH TERM IS DEFINED BELOW) ARE PROVIDED ON AN “AS IS” BASIS. GEG WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF, OR IN CONNECTION WITH, SERVICES PROVIDED THROUGH THE SITE, THE USER GENERATED CONTENT AND/OR THE CONTENT AVAILABLE THEREIN.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE, INCLUDING ANY INTERACTION WITH OTHER USERS, IS ENTIRELY AT YOUR OWN RISK.

 

  1.              Contact Between User and phlocal

The Site enables Users to book phloc online experiences with a Phlocal on a 1:1 basis (one participant in the phloc online experience), or on a one-on-many basis.

Any transaction between a User and a Phlocal shall be coordinated via the Site, and User undertakes not to conduct any further contact with the phlocal outside of the Site.

Please note that the Sessions will be provided “live”, and thus the Company shall have only limited possibility to supervise the Sessions (Company shall have access to all communications between Users over the Site, but not to any online Sessions between Users and phlocals). Both parties are required to act decently and respectfully to one another, and in compliance with all applicable laws in their applicable jurisdictions.

For avoidance of doubt, we strictly forbid any use of foul language, insults, or of any offensive or sexual references. Please note that some of the Users may be deemed minors in certain jurisdictions, thus increasing the severity of such actions.   In the event you encounter any behavior which – in your opinion – is inadequate or in breach of these Terms of Use, please report it immediately to us, at contact@phloc.io. In severe or extreme circumstances, you are also urged to turn directly to the police.

GEG reserves the right to take actions against a User against whom complaints have been filed (including blocking such User’s account, initiating criminal proceedings, and/or reporting to the local police and providing it with applicable details), though it is not obliged to do so.

NON-CIRCUMVENTION:YOU AGREE THAT FOR A PERIOD OF ONE (1) YEAR AFTER RECEIVING ANY SERVICES OVER THE SITE AND/OR AFTER THE COMPLETION OF A SESSION WITH ANY PHLOCAL,, YOU WILL NOT SOLICIT, BOOK OR RECEIVE – OUTSIDE OF THE SITE – ANY SERVICES NOT THROUGH THE SITE, FROM ANY PHLOCAL WHOM YOU HAVE KNOWN OR “MET” ON THE SITE, WHETHER SUCH SERVICES ARE RELATED TO THE SERVICES PROVIDED ON THE SITE, OR FOR NEW UNRELATED PHLOC EXPERIENCES OR SERVICES.

WITHOUT DEROGATING FROM ANYTHING ELSE CONTAINED HEREIN AND IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO GEG UNDER APPLICABLE LAW, IN THE EVENT OF ANY BREACH BY YOU OF THE FORGOING OBLIGATION, YOU SHALL PAY GEG ANY FEES OR COMMISSIONS WHICH WERE OTHERWISE DUE IF SUCH SERVICES HAD BEEN PROVIDED THROUGH THE SITE.

FURTHERMORE, AND WITHOUT DEROGATING FROM GEG’S RIGHTS UNDER ANY APPLICABLE LAW, GEG RESERVES THE RIGHT TO BLOCK ANY USER WHOM SHALL BE FOUND CIRCUMVENTING THE SITE, AND TO SHUT DOWN SUCH USER’S ACCOUNT.

 

  1.              Booking a Phloc Online Experience

Entering the Site and viewing its content, does not require any registration.

In order to book a phloc online experience on the Site, a User will be referred to an external online appointment scheduling service (currently “Acuity Scheduling”, though GEG reserves the right to use other services in the future)

The booking shall require submission of certain details, including, inter alia, the following details:

User’s full name, email address, phone number, required language for the Session, and the photography equipment / gear that such Guest uses. In addition, the Guest may be requested to enter its account details on certain social network platforms (e.g. Instagram).

In addition, you will be required to answer questions relating to your photography background and experience, and you may be required to present samples of your photographic work.

GEG reserves the right to require additional information prior to, or immediately following, the booking of an online Session, including, without limitation, location of User (city and country).

You must provide accurate and complete information when submitting your information, and you agree not to misrepresent your identity or your  information. You agree to keep your information up to date and accurate.

  1.              Booking of phloc online experiences

The Site enables Guests to book phloc online experiences with Guides (phlocals), via an external third party online appointment service. All details provided to such third party service provider (currently Acuity Scheduling -SquareSpace) shall be subject to their terms of use, to be found at:https://www.squarespace.com/terms-of-service

After booking a phloc online experience, the User will be required to share with GEG (for GEG to upload to Miro) images taken by the User. User shall only send GEG  images with respect to which the User has all ownership rights.

Please note, that all photos must be shared at least 24 hours prior to the booked Session, as the phlocal needs to prepare himself prior to the Session. In the event that the Guest does not share  the photos at such time, the experience will have to be rescheduled.

The images shall be loaded in jpeg format, and may be subject to certain additional requirements (which may change from time to time).

We call your attention to the fact that GEG uses a third party service (currently Miro) platform for its feedback  services. Thus, all images / pictures will be uploaded to Miro.com, and thus subject to their Terms and Conditions, and to their Privacy Policy. https://miro.com/legal/terms-of-service/

Please note that some of the details with respect to the phlocals are provided by the phlocals, and GEG cannot verify all of them. Thus, GEG will not be liable for any misleading or false description of a Phlocal, or for any missing details (whether material or not), in such description.

Notwithstanding the above, we ask that in the event that you encounter a material discrepancy between a Phlocal’s description and your actual experience with the Phlocal, you immediately notify us at contact@phloc.io, in order to enable us to minimize such additional future events.

In order to book a phloc experience over the Site, the User will be required to provide payment details.

  1. Requirements with respect to the phloc online experiences

Each phloc online experience will be conducted in the language explicitly set forth in the description of the phloc online experience. If not specifically stated otherwise, the phloc online one-on-one experience will be guided in the English language.

Please make sure that you have sufficient understanding of the language in which the phloc online experience is expected to be delivered.

  1. Conducting the phloc experiences

All phloc online experiences are required to start on time. The phloc online experience is limited in time. The time of the Session shall begin exactly at the time booked, and thus in the event that the User shall join the Session late – for any reason whatsoever – he may have a shorter session then expected. No refund will be provided in such an event. Please note that in the event that the User does not join the Session within 15 minutes after the time booked, the phlocal  may leave the session, and no refund will be provided.

Online one-on-one experiences are intended solely for one User of GEG (either the User who booked the Session, or someone else for whom the Session shall be booked), and no external and/or additional participants shall be entitled to participate in such phloc online one-on-one experiences. The above shall not apply with respect to the booking of an online one-on-many Session.

Each participant in a phloc online experience is required to act in accordance with all applicable laws and regulations. Without limiting the above, any sexual harassment of any of the other participant is strictly prohibited. Furthermore, each Guest is required to act in accordance with applicable requirements of the phloc experience’s site. Without derogating from the above, any recording of a Session is strictly prohibited.

With respect to some of the online experiences (only if explicitly stated during the booking procedure), following the Session, GEG will send the User a report, in a format to be determined by GEG.
Please note, that with respect to all Sessions (whether a report is provided, or not), immediately following the Session the User will have no further access to the images / pictures that the User had shared / uploaded. Thus, please make sure that you keep backup copies of all photos / images that you share / upload prior to the Session. Nothing herein shall in any way be deemed an obligation on behalf of GEG and/or the third-party service provider (Miro) that all photos will be deleted from its servers following the Session.

  1.              Security

Some of the  phloc online experiences (Sessions) will be on a 1:1 basis. Such meetings bear certain risks, as GEG is not able to verify the identity of the other users, their credibility, and/or their intents.

In the event you encounter any behavior which – in your opinion – may be harmful, threatening, harassing or unlawful, please report it immediately to us, at contact@phloc.io. In addition, in extreme cases you should also consider turning directly to the local police and/or authorities, as the Company’s response may not be immediate.

 

  1.              Pricing of phloc experiences

The pricing of each phloc online experience will be determined by GEG, based on different criteria. Such prices will be published on our website, and will be presented to you before you book any Session.

The pricing may differ based on different criteria, such as: the number of participants, the length of the Session, the experience or expertise of the Phlocal, the language, the addition of a written report following the Session, and various other criteria to be determined by GEG.

All pricing of the phloc online experiences will limit the number of Sessions and /or the amount of time during which the User shall be entitled to receive the Services.

We call your attention to the fact that all prices will be charged in local currencies.

In the event that you have a coupon or a discount code, please be sure to enter it prior to booking your Session. Please note that actual payment shall be made via an external third party service provider, and thus no discounts shall be provided after the payment is made.

Please note that our policy is that the phloc online experience price shall specify (and include) all costs and expenses related to the phloc experience. If you encounter a phlocal who demands additional payments, please notify us immediately.

 

  1. Payment Services

All payments on the website, shall be done via an external third party payment service (e.g. Stripe, or other payment service providers, who shall be chosen by GEG, from time to time, at GEG’s sole discretion) (“Payment Service”). Alternatively, payments may be made via credit card.

User shall be charged for the price of the phloc online experience, immediately after booking the Session, and making the payment via the Payment Service.

For avoidance of doubt, GEG is not affiliated with the Payment Services. Payment Service is solely an independent service provider, and GEG shall not be responsible in any way for the actions or performance (or lack thereof) of Payment Service, or of any credit card company. The use of the Payment Service is at the User’s discretion and sole liability. It is the User’s responsibility to abide by all the terms specified by the Payment Service’s providers in their terms of use and privacy policy, including but not limited to any age restrictions specified therein (for Stripe’s Terms and Conditions, please see https://stripe.com/connect-account/legal). Please note that additional fees charged by external Payment Service providers may be added by such external Payment Service providers to the purchase price paid to GEG, when purchasing through the Site.

ALL PAYMENTS ON THE SITE SHALL BE MADE IN ACCORDANCE WITH, AND SUBJECT TO, APPLICABLE MANDATORY CONSUMER LAWS.

UNLESS OTHERWISE SET FORTH IN SECTION 11 HEREIN, OR AS REQUIRED BY APPLICABLE CONSUMER LAWS, ALL PAYMENTS ARE NON-REFUNDABLE.

Any phloc online experiences booked over the Site, shall be valid only for the specific phloc online experience which had been booked (date and time). If Guest fails to participate in the phloc online experience he/she had booked, for any reason whatsoever, no refund shall be provided to Guest, and Guest shall not be provided an alternate phloc online experience (nothing herein prohibiting Guest to book a new online experience, subject to additional payment).

We hereby wish to emphasize the importance of having a broadband internet connection, as well as a camera and microphone connected to your computer. We invite you to write to us at contact@phloc.io if you wish to test your equipment 24 hours before your session. No refund shall be provided in the event that your Session is interfered due to technical problems on your side or on Miro.  

We hereby call your attention to the fact that the payment for the phloc online experiences may be transferred to the phlocal’s account approximately 24 hours after the phloc online experience. Thus, in the event that you believe your payment should be refunded – due to the phlocal not providing the promised Services – we urge you to contact us as soon as possible, in order to enable postponement of the payment until the matter is resolved.

 

  1. Cancellations

After you have booked a phloc experience, it should not be cancelled.

Nonetheless:

–        If a cancellation is made at least 48 hours days prior to the phloc online experience date – GEG will attempt to refund Guest’s payment (minus platform fees, and minus any applicable non-refundable fees paid to  applicable payment Service providers).

–        If the cancellation is made less than 48 hours prior to the phloc online experience date, no refund will be made at all.

In addition, no refunds will be made in the event that User fails to show up for the Session (for any reason whatsoever), or that User shows up but is unable to participate (such as due to language problems, technical difficulties, etc.)

Therefore, no refunds will be made under such circumstances.

 Invoices and Taxes

All payments shall be made via an external Payment Service.

Following receipt of the payment, GEG will issue a booking confirmation. Payment receipts will be issued by the payment service chosen by the Guest.

  • User’s Representations and Obligations

GEG cannot and does not control the Services provided by Phlocals, nor does it have any way of monitoring them. Therefore, GEG shall bear no responsibility with respect to any actions or inactions relating to such Services.

Please note that any information you share with a User (such as your contact details), is delivered at your own risk, and GEG cannot guarantee that such information shall be treated confidentially by the phlcal.

We strongly urge you to notify us if you believe that the Services include any unlawful acts on behalf of any phlocal (in addition to contacting the appropriate legal authorities), or in the event that you believe that the Services provided by a phlocal  are unprofessional. In the future, we will also enable Users to rank Phlocals following receipt of Services, provide reviews, and indicate their level of satisfaction following a phloc online experience. Please make sure to provide accurate reviews, and refrain from any un-true ratings, which may harm phlocals.

  1. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site.

Our policy and practices and the type of information collected are described in our Privacy Policy available at www.phloc.io/privacy which is incorporated herein by reference. You agree that GEG may use personal information that you provide or make available to GEG in accordance with its Privacy Policy, as applicable from time to time. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy. 

We further call your attention to the fact that any information you share with third party service providers (e.g. Acuity Scheduling, Miro, Payment Service, etc.) is subject to such third parties’ privacy policies.

  1. Intellectual Property Rights

The Site, the Content, and any other proprietary assets of GEG, and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, software code, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (excluding the User Generated Content) (collectively, “Intellectual Property”), are owned by and/or licensed to GEG and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by GEG and its licensors. These Terms do not convey to you an interest in or to GEG’s Intellectual Property but only a limited, revocable right of use in accordance with these Terms. Nothing in these Terms constitutes a waiver of GEG’s Intellectual Property rights under any law.

To the extent you provide any rankings, feedback, comments or suggestions to GEG (“Feedback”), you hereby grant to GEG an exclusive, royalty-free, fully paid up, worldwide, perpetual, irrevocable, sub-licensable (directly and indirectly) and transferable license to incorporate the Feedback into any GEG current or future publications, marketing materials, products, technologies or services, and use same for any purpose it otherwise deems fit, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require GEG to comply with any additional obligations with respect to any GEG current or future products, technologies or services that incorporate any Feedback.

  1. Trademarks and Trade names

GEG’s marks and logos and all other proprietary identifiers used by GEG in connection with the Site (“GEG Trademarks”) are all trademarks and/or trade names of GEG, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to GEG Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto, and therefore you will avoid using any of those marks, except as permitted herein.

 

  1. Changes to the Site

GEG reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, this Site (or any part thereof, including but not limited to the Content and/or the Services) at any time. In addition, you hereby acknowledge that the Content provided via this Site may be changed, extended in terms of content and form or removed, at any time, without any notice to you. You agree that GEG shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein.

  1. User Generated Content

GEG’s services enable you to share your own copyrightable materials, such as literary works, text, images, photos, and any other proprietary materials (the “User Generated Content”). Without derogating from the above, all images / photographs which you share with us and/or with any external site to which you shall be referred (e.g. Miro) for the purpose of receiving reviews during Sessions, in the framework of the phloc online experiences (the “Reviewed Images“), shall be deemed “User Generated Content”.

Please be sure that while you use phloc services you respect the proprietary rights, including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you share.. You are required not to share any User Generated Content which is not owned by you, or with respect to which you do not have the applicable Intellectual Property Rights. GEG will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of, or in connection with, sharing / uploading any User Generated Content.

As between GEG and the User, GEG hereby acknowledges that the Intellectual Property Rights in all Reviewed Images shall be owned by User. GEG undertakes not to publish, not to make any other use of, any such Reviewed Images, without User’s explicit prior consent.

Other than with respect to the Reviewed Images, you hereby acknowledge and agree that the User Generated Content is non-confidential. You understand and agree that you are solely responsible for the User Generated Content you share with us , and the consequences of posting or publishing such User Generated Content, on the Site, in any way.

With respect to all User Generated Content – You represent and warrant that you are the rightful owner of the User Generated Content you share with use or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, trademarks, or any other intellectual property rights). It is the User’s responsibility to obtain any and all consents required under any applicable laws, regarding the posting of any personal information of others which is part of the user generated content, and to adhere to any applicable laws regarding such information.

In the event you share any photographs with us, you must ensure that you have full permission from all persons who appear in such photographs. You are also required to verify that no photographs of minors are shared / uploaded to the Site, without their parents’ / guardians’ consent.

User shall not, in any way, publish any data and/or content that:

–                is in breach of any law, statute, regulation or by-law of any applicable jurisdiction.

–           violates any order (including a court order), publishes any content whose publication is prohibited by law or court orders, or violates the provisions of censorship.

–                            is fraudulent, criminal or unlawful.

–                           associates the Site with obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political content.

Although GEG has no obligation to screen, edit or monitor any of the User Generated Content, GEG explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post on the Site at your sole expense.

As a viewer of the User Generated Content, you agree that if you find that any User Generated Content available on the Site and/or on Miro is offensive, harmful, inaccurate, misleading or were posted in violation of these Terms, you may simply stop viewing such User Generated Content, and please contact our Misconduct Agent or our Copyright Agent, as applicable at: contact@phloc.io.

When you share or make available any Reviewed Images with us, or on any site used by GEG in order to provide the Services (such as Miro) you grant GEG a perpetual, non-exclusive, royalty-free, and worldwide license to use such Reviewed Images solely for the purpose of providing the Services, and to share such Reviewed Images with applicable service providers (expert photographers).

You hereby agree that GEG may retain and use copies of your User Generated Content for archival, backup or any other purpose.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, GEG TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT SHARED, UPLOADED, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE SITE, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS GEG LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER. GEG MAY AT ITS SOLE DISCRETION BLOCK ANY USERS OF THE SITE FOR ANY VIOLATIONS OF THESE TERMS OR DUE TO OTHER USERS’ COMPLAINTS OR NEGATIVE RANKINGS (in which case all of User’s outstanding phloc online experiences – including those already booked – shall automatically be deleted).

Please note, that any Reviewed Photos you share with GEG will be uploaded to an external site (e.g. Miro). Use by such third parties shall also be subject to such third party’s Terms and Conditions, which we urge you to review prior to sharing your content.

GEG EXPLICITLY CALLS YOUR ATTENTION TO THE FACT THAT ANY USER GENERATED CONTENT THAT YOU SHARE WITH GEG, WILL BE UPLOADED TO AN EXTERNAL SITE (e.g. MIRO). THUS, ANY BREACH OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES CAN CAUSE HARM NOT ONLY TO GEG, BUT RATHER ALSO TO SUCH THIRD PARTY. YOU HEREBY BEAR FULL LIABILITY FOR ANY DAMAGE OR HARM CAUSED TO SUCH THIRD PARTY, DUE TO YOUR NON-COMPLIANCE WITH THE TERMS HEREOF.

  1. Use Restrictions

There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may also expose a User to civil and/or criminal liability. You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms: (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content and/or the Services for non-personal or commercial purposes, other than those explicitly permitted on the Site, without GEG’s express prior written consent; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of GEG or its licensors or of any third party, including but not limited to, any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate other Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use of other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that GEG endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by GEG on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to GEG’s proprietary rights, including GEG’s Intellectual Property, in any way or by any means, unless expressly permitted in these Terms and/or under any applicable laws which expressly permit such actions; (k) make any use of the Content on any other site or networked computer environment for any purpose, without GEG’s prior written consent; (l) create a browser or border environment around GEG’s Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Content; (n) frame or mirror any part of the Site without GEG’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site for any purpose for which the Site is not intended; (r) infringe and/or violate any of the Terms; (s) share / upload any User Generated Content which include unsolicited promotions, advertising, contests or raffles; and/or (t)share /  upload any User Generated Content containing content which is unlawful for you to possess, post, share or upload in the country in which you are resident, or which it would be unlawful for GEG to use or possess in connection with the Site (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).

  1. Misconduct and Copyright Agent

We care for your safety. If you believe a User acted illegally and/or inappropriately, including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our misconduct agent at: contact@phloc.io. GEG may at its sole discretion take any action including, but not limited to, blocking such User.

GEG respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to GEG’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be 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 sufficient to permit GEG to locate the material; (iv) information so that GEG can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. GEG’s copyright agent can be reached at: contact@phloc.io.

GEG has the sole discretion to restrict and/or terminate access to the Site to Users who are deemed to be infringers of third party’s copyright works or Users who acted inappropriately as specified above.

 

  1. Linking to GEG’s Site and Links to Third Party Sites

We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by GEG, and does not portray GEG in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to GEG’s Site, you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.

Certain links provided on the Site permit our Users to leave this Site and enter non-GEG sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of GEG, and GEG is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, GEG is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. GEG reserves the right to terminate any link at any time. You further acknowledge and agree that GEG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

 

  1. Availability

The Site’s availability and functionality depends on various factors, such as communication networks. GEG does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

 

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  1. Disclaimer of Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA, INFORMATION AND SERVICES CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GEG, INCLUDING ITS VENDORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“GEG REPRESENTATIVES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

THE SITE’S AVAILABILITY AND FUNCTIONALITY DEPENDS ON VARIOUS FACTORS, SUCH AS COMMUNICATION NETWORKS, HARDWARE, SOFTWARE AND GEG’S SERVICE PROVIDERS AND CONTRACTORS. WE DO NOT WARRANT OR GUARANTEE (I) THAT THE SITE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS ON THE SITE, AND/OR (III) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AND/OR SERVICES AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS).  GEG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION AND/OR USER GENERATED CONTENT DISPLAYED WITHIN THE SITE.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN GEG (INCLUDING, WITHOUT LIMITATION, OTHER USERS ON THE SITE). WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE SITE, THE USER GENERATED CONTENT AND/OR THE CONTENT AND/OR THE SERVICES, IS ENTIRELY AT YOUR OWN RISK.

THE SITE  EXPLICITLY WAIVES ANY LIABILITY FOR OTHER USERS’ ACTIONS, INCLUDING SUCH WHICH ARE ILLEGAL OR IMMORAL.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

 

  1. Limitation of Liability

GEG’S RESPONSIBILITY IS LIMITED TO FACILITATING THE AVAILABILITY OF OUR SITE AND SERVICES. THE PARTICIPATION IN ANY PHLOC ONLINE  EXPERIENCE GUIDED BY THE PHLOCALS IS AT YOUR OWN RESPONSIBILITY.

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL GEG, INCLUDING GEG REPRESENTATIVES,  BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT AND/OR USER GENERATED CONTENT AND/OR THE SERVICES, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OTHER SERVICES, AND/OR THE FAILURE OF THE SITE TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF GEG TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF GEG BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER GEG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, GEG’s TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY RECEIVED BY YOU, IF ANY, WITH RESPECT TO YOUR USE OF THE SITE, DURING A PERIOD OF 2 MONTHS PRECEDING SUCH CLAIM FOR DAMAGES OR LOSSES, OR EURO 200.00, WHICHEVER IS GREATER. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY; NONETHELESS, IN SUCH JURISDICTIONS – THE LIABILITY OF GEG SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. Indemnification

You agree to defend, indemnify and hold harmless GEG, including GEG’s Representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Site; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or the Content and/or the Services; (v) the User Generated Content you shared / uploaded to the Site; and/or (vi) GEG’s publication, distribution or use of such User Generated Content you shared with GEG. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the above, you hereby acknowledge that any photos / images you share with GEG will be uploaded to external sites (e.g. Miro), and thus can cause damages to such third party. You agree to defend, indemnify and hold harmless GEG, including GEG’s Representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses caused due to claims raised by such third parties, based on your non-compliance with the terms hereof.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

 

  1. Amendments to the Terms

GEG may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that your email address has not changed) regarding such change. Such material changes will take effect at least seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

 

  1. Termination of the Site’s Operation

At any time, GEG may discontinue your use of the Site in its sole discretion with or without any reason or prior notice, in addition to any other remedies that may be available to GEG under any applicable law.

Additionally, GEG may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that GEG does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

 

  1. Age Restriction

To use the Site you must be over the age of eighteen(18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Site. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Site, we will prohibit and block such User from accessing the Site and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User. It is the User’s responsibility to abide by all the terms specified by the Payment Services’ providers in their terms of use and privacy policies, including but not limited to any age restrictions specified therein.

 

  1. Dispute Resolution

Any dispute between a Guest and a phlocal shall be resolved by such Users themselves in accordance with the regulations or guidelines provided to Users by GEG.

In the event that the parties fail to amicable resolve their dispute, GEG shall have the right to determine – at its sole and absolute discretion – whether to charge Guest or not, and whether to make any refunds or not. GEG’s decision with respect to any dispute shall be deemed final.

 

  1. General

(a) These Terms constitute the entire terms and conditions between you and GEG relating to the subject matter herein, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and GEG, (b) any claim relating to the Site and/or the Content contained therein and/or the Services (and/or any payments related thereto) will be governed by and interpreted in accordance with the laws of the State of Israel without reference or regard to conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods is expressly excluded and shall not apply, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa district, Israel, provided, however, that nothing herein shall be deemed to preclude GEG from bringing any suit, enforcing any right or taking other legal action in your local jurisdiction or any other jurisdiction.  You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, GEG may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, (f) Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (g) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (h) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (i) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (j) no amendment hereof will be binding unless in writing and signed by GEG, and (k) the parties agree that all correspondence relating to these Terms shall be written in the English language.

  1. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail and we will make an effort to reply within a reasonable timeframe: contact@phloc.io.

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