Neesh Terms of Use

Last Modified: 03/13/2023

Acceptance of the Terms of Use

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 clicking “I accept the Terms of Use,” you accept and agree to be bound by and follow these Terms of Use (including 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.

Changes to the Terms of Use

We may update these 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.

Accessing the Website and Account Security

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 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 send 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.

Content Standards

Neesh strives to create a community for hostel travelers where they can communicate and share experiences while traveling. To make this possible, You:

  • Must provide accurate, current, and complete information on the Website
  • Must not allow anyone else to access or use your account
  • Must not misrepresent yourself, use multiple accounts, impersonate anyone else, or misrepresent your affiliation with another person or entity
  • Must not send messages, create events, or post pictures that give the impression that they are affiliated with or are endorsed by us or any other person or entity, if you are not authorized to do so by that person or entity
  • Must not send messages, create events, or post pictures threatening, engaging in, promoting, encouraging, praising, supporting, providing instructions for, depicting, or containing violence, crime, self-harm, suicide, defamation, obscenity, discrimination, sexual exploitation of children, child nudity, sexual exploitation of adults, adult nudity, sexual activity, sexual solicitation, human exploitation, ideologies that promote hate, or hate speech
  • Must not send messages, create events, or post pictures that bully or harass another person
  • Must not send messages, create events, or post pictures that threaten to share or share intimate images of another person or private conversations with another person
  • Must not send messages, create events, or post pictures promoting any business, goods, or services not related to tourism
  • Must not send messages, create events, or post pictures that are deceptive or engage in, promote, or facilitate fraud
  • Must not share, threaten to share, or solicit personal identifiable information or private information (such as financial or medical information) of other people
  • Must not send spam messages
  • Must not misuse the Website’s reporting system to harass other users
  • Must not create or post on the Website: fake events, events that will not take place, or events that will be substantially different from the way they are described

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 these Terms of Use, send us a message by email to legal@neesh.co.

User-Created Content

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 of Use.

All User-Created Content that you post to the site, except for messages, 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 (other than messages) for promotional purposes, marketing, to respond to law enforcement or government requests, or to comply with court orders.

By creating User-Created Content, including messages, 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, perform, display, distribute, and otherwise disclose to third parties any User-Created Content you create, including messages, 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 own or control all rights in and to the User-Created Content you create and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of the User-Created Content you create does and will comply with these Terms of Use and with any applicable laws and regulations.

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.

Reliance on User-Created Content and Personal Risk

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, 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 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 or if any adverse event (such as harassment) occurred at an event, send us a message by email to legal@neesh.co.

Reliance on Company-Created Content

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 its content 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. You attend all events, including events posted or organized by Neesh, at your own risk. You are responsible for your 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.

Enforcement of Content Standards and Account Termination

You agree that we have the right to:

  • Remove or refuse to post any User-Created Content for any or no reason in our sole discretion.
  • Take any action with respect to any User-Created Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User-Created Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their legal rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate, disable, or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

You agree that we have the right to cooperate fully with any law enforcement authorities or court order 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 WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

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.

Other Prohibited Uses

Regardless of whether you have an account on the Website, you must not:

  • Disable, overburden, damage, impair, or attempt to disable, overburden, damage, or impair the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Interfere with the proper working of the Website or anyone else’s use of the Website by any means.
  • Use any automatic device, process, or means to access or use the Website for any purpose, including copying or scraping any of the material on the Website.
  • Use any manual process on the Website for any purpose not expressly authorized in these Terms of Use (such as copying the information on the Website), without our prior written consent.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or harmful.
  • Attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
Intellectual Property Rights

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.

These 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.

Copyright Infringement

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 material from the Website by submitting a written notice to our copyright agent designated below. Your request must comply with applicable law.

If you believe that material you posted on the Website was removed by mistake, you may submit a written notice to our copyright agent designated below. Your notice must comply with applicable law. 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.

Information About You and Your Visits to the Website

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.

Online Purchases and Refunds

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 first. After the event is scheduled to take place, you have seven (7) 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.

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. You cannot receive payments through the platform unless you have a bank account in a Stripe-supported country.

Linking to the Website

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.

Links from the Website

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.

Disclaimer of Warranties

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.

Limitation on Liability

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.

Indemnification

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 these 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 these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

You agree that all matters relating to the Website and these 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, these 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.

Limitation on Time to File Claims

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.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these 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 such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and our Copyright Policy constitute the sole and entire agreement between you and Neesh, Inc. regarding the Website.

Your Comments and Concerns

The Website is operated by Neesh, Inc., 702 W. Gordon Ter. Chicago IL.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: inquiries@neesh.co.