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Terms of use

ThemeGo –Terms of Use

 

  1. Introduction
    1. Welcome to the ThemeGo platform at www.themego.com ("Website"), owned and operated by ThemeGo and/or its affiliates ("Company", "Us" "Our" or "We"). The Company invites you ("You", or "User") to use its online platform ("Platform") through which We provide community based reviews and information on certain aspects and features of a theme park vacation ("Theme Park Information"). In addition, the Platform enables You to bookmark and create your own customized and personalized itineraries based on the Theme Park Information ("Personalized Itineraries").
  2. Acceptance of Terms
    1. IMPORTANT: BY USING THE PLATFORM AND/OR BY ACCESSING THIS WEBSITE AND/OR USING THE SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TOU, AS MAY BE AMENDED AND UPDATED FROM TIME TO TIME. HENCE, WE URGE YOU TO CHECK FREQUENTLY TO SEE IF WE HAVE UPDATED THESE TOU. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THESE ToU – DO NOT ENTER THIS WEBSITE, NOR USE THE PLATFORM AND THE SERVICES [THE MOST CURRENT VERSION OF THE TERMS IS AVAILABLE AT WWW.THEMEGO.COM/TERMS. WE WILL NOTIFY OUR USERS OF ANY MATERIAL CHANGES TO THESE ToU BY EITHER SENDING A NOTICE TO THE EMAIL ADRRESSES PROVIDED TO US AT REGISTRATION OR BY PLACING A NOTICE ON THE WEBSITE. 
  3. Use Restrictions 
    1. While using the Platform and/or the Services, there are certain types of behaviors which are strictly prohibited, as appears in the list below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result in the suspension or blocking of your Account (as defined below) and using of the Platform and may also expose You to civil and/or criminal liability. 
    2. You may not, whether by Yourself or anyone on Your behalf: 
      1. copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Platform and the Services; with the exception of posting a link to the Platform or any material therein on social media channels (like Facebook, Twitter etc.).
      2. create a browser, frame, border environment or GUI around the Platform and the Services; interfere with or disrupt the operation of the Platform, or the servers or networks that host the Platform, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;  
      3. interfere with or violate other users' rights to privacy, or harvest or collect data and information about other users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Platform and/or retrieve index and/or data-mine information;
      4. impersonate any person or entity or provide false or misleading personal information, including without limitation, providing false or misleading information regarding your experience. For example, You may not provide information which is false and recommendations and / or publication of facts that are unreal;
      5. transmit or otherwise make available through or in connection with the Platform any virus, "worm", "Trojan Horse", "time bomb", "web bug", spyware, or any other computer code, file, application or program that is malicious by nature or defective, and 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; 
      6. use the Platform and/or the Services for any illegal, unlawful, inappropriate or unauthorized purposes; 
      7. use the Platform and/or the Services to defame, abuse, harass, stalk, ridicule, mock, threaten, or otherwise violate the legal rights of others;
      8. use the Platform and/or the Services for any commercial or other non-personal purposes, including any usage, which generates any revenues, whether directly or indirectly (other than under your Account), without our prior written consent;
      9. use the Platform and/or the Services to stalk, harass, threaten or otherwise harm any other user;  
      10. take any actions that may undermine, alter or change any rating, feedback or comments provided by Users on the Platform, or manipulate the integrity of such rating and/or feedback. 
  4. Privacy Policy
    1. We believe in protecting your privacy. You can review our current Privacy Policy, which also governs your use of the Platform, to understand our practices. 
    2. In certain circumstances we may disclose information about You to third parties if We determine, in Our sole discretion, such disclosure is necessary (i) to protect Our systems, assets, employees and Users; (ii) to ensure the integrity and operation of the Company's business and systems; or (iii) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in Our sole discretion.
  5. Registration
    1. Anyone can browse the Platform, however, some areas are accessible only to those who perform registration and access to certain areas is restricted. You will be required to create an account ("Account") through the Platform by either signing in using your Facebook credentials or filling out the on-line registration form (where You must provide your personal information as well as your contact information), or any additional  documents as may be requested by the Platform under your own profile. If we provide You with a User ID and password to enable You to access certain areas on the Platform, You must ensure that the User ID and password is kept confidential. Any such information provided by You to Us for the purpose of creating an Account will be kept in Our database, and while We will use reasonable measures to protect the safety of such database, We will not be liable for any direct, indirect, consequential or incidental damage of any kind that You may suffer as a result of any intrusion to such database. 
    2. You acknowledge that We will have the right to reject an application to create an Account or disable your User ID and password at Our sole and absolute discretion. In addition, We have the right to remove or refuse to post any content uploaded by You on the Platform, at Our sole discretion, including without limitation content that is in the judgment of the Company, inappropriate or that is in violation of the provisions of these ToU, whether during the process of creating an Account or at a later stage. 
    3. We reserve the right to (i) suspend, at any time, temporarily or permanently your Account at Our sole and absolute discretion; and/or to (ii) modify and/or alter any feature and/or functions currently available or that may be available in the future on the Plaform, without notice to You, and at Our sole discretion. You hereby waive and release Us from and claim or demand in relation to any of the actions in sections (i) and (ii).
  6. Feedbacks and Other Generated Content
    1. User Generated Content 
      1. All Users may be able to post various content, including information in public message areas such as blogs, forums and Feedbacks (as defined below), User’s profiles, bios, images and other text material via the Platform (collectively "User Generated Content"). Each User is solely responsible for any and all User Generated Content posted, transferred or uploaded by them or under their User's name Account to or through the Platform.
      2. We have the right, but no obligation, to remove under Our sole discretion any User Generated Content for any reason, including without limitation in case We suspects or believes that the User Generated Content is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise violates any third-party's rights, including intellectual property rights, copyrights and/or privacy rights and/or these ToU or other policies.
      3. Unless the User Generated Content was transmitted to a third party via the Platform, You can ask us to remove any User Generated Content uploaded by You to the Platform by sending a message to ThemeGo support at hey at themego dot com.
    2. Feedbacks
      1. Users may have the option to rate certain features of the theme parks in accordance with a given scale ("Feedback Rating") and/or in writing ("Feedback Wording"), regarding any Services, theme park experience, and comments that are available through the Platform. We may compile all the Feedback Rating and Feedback Wording and composite a number and/or a visual scale which shall represent the feedback rate of the feedback's subject (the "Aggregated Rate") (Feedback Wording, Feedback Rating and Aggregated Rate shall be collectively referred to under these ToU as the "Feedback"). We may, under Our sole discretion, publish the Aggregated Rate alone, or with the relevant Feedback Wording and/or Feedback Rating, in a whole or in parts. However, You acknowledge that any reliance on Feedback or other User Generated Content posted by other Users will be at your own risk. 
      2. You may not (i) take any actions that may undermine the integrity of the Feedback system; (ii) market or export Your Feedback in any venue other than the Platform; (iii) import feedback from other (non-ThemeGo operated) websites to the Platform; (iv) threaten any third party, including a User, to leave negative or neutral Feedback if your demands will not be satisfied by that third party; or (v) artificially enhance in any way your Feedback. 

We have the right, but no obligation, to remove under Our sole discretion any Feedback in case We suspects or believes, under Our sole discretion, that the Feedback is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise violates any third-party's rights, including intellectual property rights, copyrights and/or privacy rights and/or these ToU and/or Privacy Policy located at the address www.themego.com/privacy, or other policies.

    1. User Generated Content License
      1. It is hereby clarified that You retain all of your ownership rights to your User Generated Material. However, by submitting or uploading your User Generated Content to the Platform, You hereby grant Us a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, make available and perform the User Generated Content only in connection with the Platform and Our business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You further agree not to take action against ThemeGo in relation to User Generated Content that You submit, and You agree to indemnify Us, as set forth in Section 11 (Indemnification) below, if any third-party takes action against ThemeGo in relation to the User Generated Content You submit.
  1. Intellectual Property
    1. The Platform and the Services, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, "Intellectual Property"), are fully owned or licensed to Us and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Notwithstanding the above, certain content and features made available or displayed through the Platform, including without limitation, graphics, photos, sounds, music, videos, interactive features, software, scripts, interface, trademarks, service marks and logos may be owned by third parties.
    2. We hereby grants You a non-exclusive revocable right to use the Platform and the Services. Our Company's logo and other commercial identifiers We use in connection with the Platform and/or the Services are all trademarks and/or trade names of the Company or of Our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names. All Intellectual Property may not be copied, imitated, or used, in whole or in part, without the prior written permission of Us or the applicable trademark holder. In addition, the look and feel of the Platform, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of Us.
    3. You hereby grant Us an irrevocable, perpetual, worldwide, transferable, assignable, sub licensable, exclusive, royalty free right and license to use, exploit and commercialize without restriction any information provided by You through the Platform and the Services and any and/all intellectual property rights therein or thereunder.
    4. You will not plagiarize any third party’s material. You hereby agree that any Content that You upload to the Platform, and/or any information You provide to Us does not and will not violate third-party rights of any kind. The Translation will not infringe upon any third party’s rights, and You will indemnify Us for any claims brought by third parties related to any infringement.
    5. If You are aware of an infringement of either you or Us, please let Us know by e-mailing Us at hey at themego dot com. We only address messages concerning brand infringement at this email address.
  2. Term and Termination
    1. This ToU shall be in effect as of the date on which You accept and agree to these ToU, and continues until it is terminated in accordance with the following terms: 
      1. if terminated by You by sending a fourteen (14) day prior written notice, signed by You (to be delivered by mail or fax) – provided, however, that all your obligations under this ToU relating to any activity prior to the termination date shall remain in full force and effect; or,
      2. If terminated by Us, at Our sole discretion, for any reason and at any time by providing ten (10) day written notice. However, We may terminate these ToU with You immediately upon any of the following events: (i) breach of any term of these ToU or the Privacy Policy; (ii) failure to follow instructions given to You by Our staff member; (iii) careless behavior that causes disruption to the Company Platform; (iv) abusive comments or profane language; (v) negligence, fraud, or willful misconduct; or (vi) Company ceases its business for any reason. 
    2. Upon termination of these ToU, your Account will be suspended or terminated. 
  3. Commercial Advertisements 
    1. We may in the future, integrate commercials and advertisements, in the Platform. All the information contained in such commercials and advertisements belongs solely to Us or Our advertisers and We make no warranties or representations as to such advertisements, whether or not We have control over such advertisements. 
  4. Disclaimer and Limitation of Liability 
    1. THE PLATFORM AND THE SERVICES ARE AT THEIR BETA STAGE AND PROVIDED HERE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY 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. FURTHER, WE RESERVE THE RIGHT TO TEMPORARILY OR PERMENANTLY TERMINATE OR CEASE THE OPERATION OF THE PLATFORM, AT OUR SOLE DISCRETION AND WITHOUT NOTICE TO YOU, AS SET FORTH HEREIN, AND YOU HEREBY RELEASE US FROM ANY CLAIM OR DEMAND IN CONNECTION THERETO.
    2. WE DO NOT WARRANT THAT THE USE OF THE PLATFORM AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE PLATFORM IN WHOLE OR IN PART, AT ANY TIME. 
    3. WE MAKE NO REPRESENTATION REGARDING THE AVAILABILITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY AND/OR SUITABILITY OF THE PLATFORM AND THE SERVICES AND/OR ANY OF THE INFORMATION PROVIDED BY USERS, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE PLATFORM AND/OR THE SERVICES, AND WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT, INCLUDING ANY USER GENERATED CONTENT.
    4. WE DO NOT WARRANT NOR GUARANTEE ANY CONTENT AND INFORMATION PROVIDED THROUGH THE PLATFORM AND THE SERVICES, AND/OR ANY OF THE USER GENERATED CONTENT, AND ASSUME NO LIABILITY, WITH RESPECT TO SUCH CONTENT AND INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT AND INFORMATION PRESENTED ON OR VIA THE PLATFORM SHOULD BE USED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND YOU SHOULD NOT RELY ON THE ACCURACY OF SUCH CONTENT AND INFORMATION. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR UPDATING OR CORRECTING ANY SUCH CONTENT AND/OR INFORMATION ONCE IT HAS BEEN GIVEN. FURTHER, WE MAKE NO CLAIM THAT THE CONTENT OF THE WEBSITE AND THE INFORMATION PROVIDED TO YOU THROUGH THE PLATFORM IN ORDER FOR YOU TO CREATE CUSTOMIZED AND PERSONALIZED TRIP ITINERARIES, IS OR MAY BE IN THE FUTURE, APPROPRIATE OR PERMITTED UNDER LAWS APPLICABLE TO YOU. YOU MUST ENSURE THAT RENDERING ADVICE AND/OR RECOMMENDATION THROUGH THE PLATFORM IS AT ALL TIMES IN COMPLIANCE WITH THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE AND/OR FROM WHICH YOU PRACTICE YOUR PROFFESSION.
    5. THE THIRD-PARTY SUPPLIERS PROVIDING THEME PARK TICKETS, HOTELS, TRAVELS, RESTURANTS, AND/OR OTHER SERVICES ON THE PLATRFORM ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF US. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
    6. THE USE OF THE PLATFORM AND/OR ANY OF THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION RESULTING FROM OR ARISING OUT OF THE ADVICE AND/OR RECOMMENDATION PROVIDED BY YOU THROUGH THE PLATFORM, NOR SHALL WE BE LIABLE FOR ANY DAMAGE CAUSED TO YOU BY ANY OF THE USERS, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE US FROM ANY LIABILITY FOR ANY DAMAGE CAUSED TO YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM AND/OR THE SERVICES.
    7. COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SHAREHOLDERS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE AND/OR PROFITS), ARISING OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR PLATFORM OR THE SERVICES, EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN (10) US DOLLARS.
  5. Indemnification 
    1. You agree to defend, indemnify and hold harmless Us, and Our affiliates, and the respective officers, directors, employees, shareholders and agents, from and against any and all claims, damages, suits, judgments, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of  the Platform and/or the Services; (ii) your violation of any term of this ToU, including any representation or warranty made by You under this ToU ; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right; (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Platform and/or the Services, including, without limitation; and (v) any claim, action or demand made in connection to content and material You uploaded to the Platform. This defense and indemnification obligation will survive this ToU.
  6. Links to Third Party Websites
    1. The Website may contain hyperlinks to websites operated by parties other than Us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. In addition, You should take all precautions to ensure that whatever links You select or software You download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. 
  7. General
    1. These ToU do not, and shall not be construed to create any relationship, partnership, joint venture, agency, or franchisor-franchisee relationship between the parties hereto.
    2. Any dispute arising out of or related to your use of the Platform and/or the Services will be brought in, and You hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. 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. 
    3. These ToU may not be assigned, and the rights hereunder may not be pledged or delegated by You without the prior written consent of Company. 
    4. If any provision of these ToU is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. 
    5. 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. 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. 
    6. These ToU, together with our Privacy Policy, constitute the entire agreement between You and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and Us. These ToU may only be modified and/or waived and/or supplemented by an authorized representative of Company.
  8. Complaints
    1. If You feel that any of your personal rights has been compromised by Us please contact Us at: hey at themego dot com and We will exert Our best efforts to handle your complaint. 

 

 

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