Last Modified: 07/19/2023
You and Neesh, Inc. (the "Company," "we," or "us") are entering into the following Terms and Conditions, which, along with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.neesh.co (the “Website”), including any content, functionality, and services provided by the Website.
Please read the Terms of Use before you start using the Website. By signing up for the Website, you accept and agree to be bound by and follow the Terms of Use (which includes our Privacy Policy, incorporated herein by reference). If you do not agree to these Terms of Use or to the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years old or older. By using this Website, you represent and warrant that you are 18 years old or older. If you are less than 18 years old, you must not access or use the Website.
We may update the Terms of Use from time to time in our sole discretion. We will notify you when we make changes to these Terms of Use using the contact information you have provided us. You must keep your email address and other contact information in your Account Settings up to date. Changes to the Terms of Use are effective immediately when we post them, whether or not you received a notification of the changes. Changes apply to all access to and use of the Website that occur after the changes are posted. If you continue to use the Website after we update the Terms of Use, that means that you accept and agree to be bound by and follow the updated Terms of Use.
We reserve the right to withdraw or change the Website, any service or material we provide on the Website, and any content posted by any user on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict users’ access to some parts of the Website or to the entire Website.
In order to access the Website, you will be required to provide certain information about yourself. It is a condition of your use of the Website that all the information you provide on the Website is accurate, current, and complete. You agree that all information you provide to or on this Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You must not share your login information with anyone else or allow anyone else to use your account. You may notify us of any unauthorized access to or use of your account by sending us a message by email to legal@neesh.co.
We reserve the right to block, suspend, disable, and/or delete any user’s Website account for any reason.
Neesh strives to create a community for hostel travelers where they can communicate and share experiences while traveling. To make this possible, you:
We reserve the right to remove content from the Website that violates these conditions. We reserve the right to block, suspend, and/or delete the account of any user or user account using the Website for any reason, including for violations of the Terms of Use. To report a violation of the Terms of Use, send us a message by email to legal@neesh.co.
The Website contains opportunities and features that allow users to post, publish, and send content on and through the Website (“User-Created Content”). All User-Created Content must comply with the Content Standards set out in these Terms and Conditions.
All User-Created Content that you post to the site will be considered non-confidential and non-proprietary. By creating User-Created Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any User-Created Content you create for promotional purposes, marketing, to respond to law enforcement or government requests, or to comply with court orders.
By creating User-Created Content, you represent and warrant that:
You understand and acknowledge that you are responsible for any User-Created Content you create and that you, not the Company, have full responsibility for such content, including its legality, reliability, and accuracy.
We are not responsible or liable to any user or third party for the content or accuracy of any User-Created Content posted by you or any other user.
Some of the content on this Website is created by users (“User-Created Content”). We do not warrant the accuracy of User-Created Content, and you are responsible for any reliance you place on such content.
Neesh does not train or vet users, event hosts, or event attendees, run background checks on users, hostel staff, event hosts, or event attendees, or supervise or oversee events created by Website users. You attend all events at your own risk. You are responsible for your own safety at events. You agree that we are not responsible or liable to you or to anyone else for anything that happens at an event. You agree that you release any and all claims against Neesh related to your participation in events listed on this Website.
All statements and/or opinions expressed in User-Created Content are solely the opinions and the responsibility of the person or entity creating that content. Such content does not necessarily reflect the opinion of Neesh. You agree that we are not responsible or liable to you or to anyone else for the content or accuracy of any User-Created Content.
To report if an event was not as described on the website or if any adverse event (such as harassment) occurred at an event, send us a message by email to legal@neesh.co.
Some of the content on this Website is created by us (“Company-Created Content”). We may update the content on this Website from time to time, but the content on this Website is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We do not warrant the accuracy of Company-Created Content, and you are responsible for any reliance you place on such content.
Neesh may post or organize events on the Website. Neesh does not vet or run background checks on event attendees. Neesh does not vet or run background checks on hostel staff. You attend all events, including events posted or organized by Neesh, at your own risk. You are responsible for your own safety at events. You agree that we are not responsible or liable to you or to anyone else for anything that happens at an event, including events posted or organized by Neesh. You agree that you release any and all claims against Neesh related to your participation in events listed on this Website, including events posted or organized by Neesh.
To report if an event was not as described or if any adverse event (such as harassment) occurred at an event, send us a message by email to legal@neesh.co.
You agree that we have the right to:
You agree that we have the right to cooperate fully with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You agree that we have the right to disclose the identity or other information of anyone posting any materials on or through the Website to any third party that assists us in complying with law enforcement requests or demands or court orders. You agree that we and our affiliates, licensees, and service providers are not responsible or liable to you or anyone else for actions taken during or as a result of investigations by law enforcement or compliance with court orders.
We do not review User-Created Content before it is posted on the Website, and cannot ensure prompt removal of content that violates our Content Standards after it has been posted. We therefore assume no liability for any action or inaction regarding User-Created Content. To report User-Created Content that violates the Terms of Use, send us a message by email to legal@neesh.co.
Regardless of whether you have an account on the Website, you must not:
The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international intellectual property laws.
The Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website for any non-personal use or for any commercial use.
If you print, copy, download, or otherwise use any part of the Website for non-personal use or for commercial use, your right to use the Website will stop immediately and you must, at our request, return or destroy any copies of the materials you have made.
We take claims of copyright infringement seriously. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials from the Website by submitting a written notice to our designated Copyright Agent, Yishai Kamin, by email at inquiries@neesh.co. Your request must include:
If you believe that material you posted on the Website was removed by mistake, you may submit a written notice to our designated Copyright Agent, Yishai Kamin, by email at inquiries@neesh.co. Your notice must include:
If you knowingly misrepresent that material on the Website (1) infringes your copyright, or (2) was removed by mistake, you may be held liable for damages (including costs and attorneys’ fees).
It is our policy to disable and/or terminate the accounts of users who are repeat infringers.
All of your information that we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
All online purchases and payments through the Website and other online monetary transactions through the Website are governed by this section.
You can pay for events or purchase tickets through the Website. If you are paying to participate in a paid event, we hold the payment until the event takes place. Your payment is refundable until either (1) 24 hours before the event start, or (2) the refund date set by the event host, whichever is earliest. After the event is scheduled to take place, you have seven days to dispute the charge. We will refund you if the event did not take place or if the event was significantly different from how it was described. We determine whether to refund your payment at our sole discretion.
If you have organized a paid event, you will receive payments seven days after the event, except that you will not receive any disputed payments. If we determine that a dispute is justified, we determine at our sole discretion whether you will receive the disputed payment.
If you are from a country supported by Stripe:
Your payments are made through Stripe, an independent payments platform. Stripe’s payment processing is governed by Stripe’s terms of service, available online.
If you are from a country not supported by Stripe:
Your payments are made through Stripe, an independent payments platform. Stripe’s payment processing is governed by Stripe’s terms of service, available online. You cannot receive payments through the platform unless you have a bank account in a Stripe-supported country.
You may link to our homepage only if you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not link in a way that suggests any form of association, approval, or endorsement on our part without our express written consent.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website or from parts of the internet linked on the Website will be free of viruses or other harmful code. You are responsible for maintaining sufficient anti-virus and other protection on your devices and for maintaining an external means for reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your devices, programs, data, or other material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it or on any website linked to it.
Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, or accuracy of any information on the website or of any event posted on the website. You are responsible for verifying any information and for ensuring your own safety and security. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website, any event posted on the website, any transaction made through the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
This section does not affect any liability that cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Terms of Use or your use of the Website, including, but not limited to, your User-Created Content, any use of the Website's content, services, and products other than as expressly authorized in the Terms of Use, or your use of any information obtained from the Website.
You agree that all matters relating to the Website and the Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware, located in the United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
You agree to institute any legal suit, action, or proceeding arising out of, or related to, the Terms of Use or the Website exclusively in the federal courts of the United States located in Delaware or the courts of the State of Delaware. You agree that we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence and in the federal courts of the United States located in Delaware or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You agree that any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
No waiver by the Company of any term or condition set out in the Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. A failure of the Company to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, and the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms and Conditions and Privacy Policy constitute the sole and entire agreement between you and Neesh, Inc. regarding the Website.
The Website is operated by Neesh, Inc., 702 W. Gordon Ter. Chicago IL.
All notices of copyright infringement claims should be sent by email to legal@neesh.co to the copyright agent.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: inquiries@neesh.co.