Terms of service - MisterLocation

MisterLocation is an online marketplace that allows you to discover and book studios and locations, and to offer your studio or location to photographers, film location scouts and other creatives. Please read our Terms of Service carefully prior to using our marketplace and it’s services as it governs your use of our platform.

MisterLocation Terms of Service

Last updated: September 2018

1 Acceptance of Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between MisterLocation and the persons that are registered with MisterLocation. These Terms are applicable to all agreements with MisterLocation and to all agreements that are the result of this. The Privacy Policy forms an integral part of these Terms. By using the MisterLocation Services, you accept and agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms, you may not use our Services.

2 Definitions

2.1 “Lister” means a Member who publishes a Listing via the Services.

2.2 “Lister Fees” shall have the meaning as set forth in article 7.1.

2.3 “Listing” refers to any Location, good or service listed by a Member by using the Services with the purpose of being available to rent.

2.4 “Location” means commercial, residential or other properties, real estate or space, including but not limited to photography studios, film locations, and event spaces.

2.5 “Member” (also referred to as “you” or “your”) means any natural person or legal entity that registered an account with MisterLocation, which includes, but is not limited to, Renters and Listers.

2.6 “Content” means all information (text, images, graphics, video, audio and other materials) that a Member posts, uploads, publishes, submits, transmits, or includes in their Member profile or Listing to be made available through the Services.

2.7 “MisterLocation” (also referred to as “we”, “us”, or “our”) refers to MisterLocation, a trade name of EM Digital Services, registered in the Netherlands under company number 72073942 at the address Lutmastraat 93-II, 1073 GR Amsterdam and with VAT-number NL565269173B01.

2.8 “Party” means each of the Member (Lister, Renter or otherwise) and MisterLocation, together, depending on the context, referred to as the “Parties”.

2.9 “Renter” means a Member who is seeking a Listing via the Services, including but not limited to Members that contact a Lister through the services to request to rent a Listing, or to request more information on a Listing.

2.10 “Services” means the online platform or marketplace services provided by MisterLocation allowing Members through the use of the Website to: (a) offer a Listing to others; (b) learn about Listings, and request Listers directly to rent a Listing; (c) communicate with other Members; and/or (d) communicate with MisterLocation.

2.11 “Website” refers to https://www.misterlocation.com, as well as to all pages or subdomains of this domain, affiliate sites, and the applications and software being capable of being accessed.

3 Scope of the Services

3.1 MisterLocation provides you access to the Services, intended to facilitate Renters and Listers to meet and connect online and to arrange (rental) agreements directly with each other.
3.2 MisterLocation solely acts as the provider of the Services and does not own, sell, resell, provide, rent, manage or control any Listing. When Renters and Listers come to a (rental) agreement, they are entering into an agreement directly and solely with each other. MisterLocation is not and does not become a party to such contractual relationship between Renters and Listers, nor is MisterLocation acting as a real estate broker, insurer, or agent in any capacity for any Lister. Accordingly, any (rental) agreements will be made or accepted at your own risk.

4 Your Account

4.1 In order to access certain features of the Service, you must register to create an account (the "Account") and become a Member.
4.2 You may register to join the Services directly via the Website, or you can register to join by logging into your account with certain third-party social networking sites (including, but not limited to, Facebook) via our Website (“Third-Party Account”). You represent that you are entitled to disclose your Third-Party Account login information to MisterLocation and/or grant MisterLocation access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. By granting MisterLocation access to any Third-Party Accounts, you understand that we will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account.
4.3 By opening your Account, you represent and warrant that you have only one (1) Account with us and have not had an Account terminated by us previously.
4.4 You are responsible for safeguarding your password. You agree that you will keep your password private and secure. You are responsible for any actions taken on your Account, whether or not you have authorized such actions. You will immediately notify MisterLocation of any unauthorized use of your Account.
4.5 If you accept or agree to these Terms on behalf of a legal entity, you represent and warrant that you have the authority to bind that legal entity to these Terms. If you accept or agree to these Terms as a natural person, you represent and warrant that you are at least eighteen (18) years old.

5 Content

5.1 You represent and warrant to provide accurate, current and complete Content. Moreover, you ensure to update such Content (including your contact and payment information) to keep it accurate, current and complete.
5.2 You will only provide Content that you own or have authorization to provide. You may not provide any Content that is copyrighted by third parties without their express permission.
5.3 By posting your Content through our Services, you grant MisterLocation and any affiliated companies an irrevocable, royalty-free, worldwide and non-exclusive right to use it to help the Services function and grow.
5.4 You represent and warrant that any Content you provide:

a. is not fraudulent, incomplete, based on falsehoods or misleading;
b. does not infringe any right of any third party, including copyrights, related rights, branding rights, trademark right, confidentiality rights, or any other intellectual property rights or rights with regard to the data protection;
c. is not in conflict with any (local) law, regulation, ordinance, or any other applicable regulation; and/or
d. does not contain viruses, Trojan horses, worms, bots, or other programmed software that can damage the Website.

6 Listings and Listers' Responsibilities

6.1 As a Lister, you acknowledge and agree that you are responsible for uploading correct, not misleading and accurate Content that, unambiguously, describes the Listing’s features, including, but not limited to, features such as accessibility, measurements, and availability of the Listing. MisterLocation has the right to amend, improve or remove the Content of a Listing.

6.2 As a Lister, you acknowledge and agree that you are responsible for the contact, booking and follow up with Renters.

7 Lister Fees

7.1 The Lister, depending on the specific Services and duration accepted by the Lister, shall pay MisterLocation fees (“Lister Fees”) for the use of the Services. The Lister pays the Lister Fees in advance, for the period and in the currency, amount and frequency as agreed with MisterLocation.
7.2 We will send the Lister a periodical invoice, in the frequency and amount as agreed with the Lister, for the Lister Fees due to MisterLocation by the Lister in the upcoming period.
7.3 The payment of the invoice by the Lister must be received by MisterLocation within fourteen (14) days from the date of such invoice.
7.4 To the extent any Services require a currency conversion, such conversion shall be done at the then current exchange rate and may be subject to a third party fee. We are not liable for any loss or damage arising as a result of the currency conversion.
7.5 Unless stated otherwise, all Lister Fees and other payments to be made by the Lister to MisterLocation are exclusive of VAT.
7.6 If we are forced to take action against a Lister to recover overdue payments, the Lister shall be responsible for all costs and disbursements incurred by us on a full indemnity basis.
7.7 More information on Lister Fees and the specific Services for Listers can be found at the Website. Except as otherwise provided herein, Lister Fees are non-refundable, regardless of the moment and manner in which the agreement is terminated.
7.8 We are entitled to revise the Lister Fees at any time, taking into account a notice period of ten (10) business days. If the Lister Fees are revised, you are entitled to terminate this agreement per the effective date of the amendment by sending us a written notice within ten (10) days from receipt of our notification of the Lister Fees change.

8 Duration and termination

8.1 You may terminate this agreement by closing your Account at any time by emailing us at support@misterlocation.com. However, this will not immediately terminate any ongoing rights or obligations you or we may have.

8.2 Agreements between Listers and MisterLocation shall be effective for the period as agreed between them (for example one (1) month or six (6) months). At the end of that period, the agreement will automatically and continuously renew for subsequent terms for the same amount of time as the prior period, except if the Lister notifies MisterLocation in writing at least one (1) day prior to the end of the agreed period that the Lister wishes to terminate the Services.

8.3 We reserve the right to at any time suspend or terminate your Account, your Listing(s) and/or your access to the Website and Services, if in our sole, reasonable discretion, you uses the Services in an illegal, inappropriate or fraudulent manner, or if you violate these Terms or the conditions of our Listing plans, without any compensation by MisterLocation being due.

9 Payment Settlement between Renters and Listers

MisterLocation engaged a payment service provider to enable Renters to pay Listers. Listers are required to provide their bank details to the payment service provider to be able to receive a payout from a Renter. All payment collections and settlements are done by and performed under the terms of the payment service provider. We are not involved in the payment between Renter and Lister at any stage, nor liable for any error, delay or failure of payment by such payment service provider.

10 Cancellations

10.1 As a Renter, you may cancel any request before it is confirmed by the Lister without further obligation. Any cancellation that takes place after an agreement has been reached between the Lister and the Renter, is subject to the individual Lister’s (cancellation and refund) policy. Please review it carefully before arranging any agreement with a Lister.

10.2 The cancellation by a Lister of a confirmed agreement between a Renter and a Lister can impact the high standard of service by which MisterLocation operates. As such, in the event of any cancellation of a confirmed agreement by a Lister, MisterLocation reserves the right to impose penalties on the Lister’s account, including publishing a review indicating a cancelled booking, and suspending or terminating the Lister’s account. In addition, if any Lister cancels more than one confirmed booking, MisterLocation may, in its sole discretion, withhold future payouts to a Lister to make up for any losses incurred as a result of Lister’s initial cancellation. These losses may include but are not limited to the additional costs required to complete a new booking for a Renter that has been displaced by a Lister’s cancellation.

11 Limitation of Liability

11.1 MisterLocation has no control over the quality, availability, conformity, security, lawfulness, integrity, or reliability of a Listing, as well as over the rights and obligations that have sprung from the agreement between Renter and Lister, or the different components thereof. As a Renter, you agree and acknowledge that we are not responsible for examining or warranting Listings. We do not guarantee the availability or accuracy of any Listing, and are not responsible or liable for nonperformance caused by nonperformance or communication failures of Members.

11.2 MisterLocation cannot be held liable for any damage to or destruction of a Listing caused by a Renter. Neither can we be held liable for any damage to or destruction of goods present at a listed Location caused by any Renter or Lister. Any such damage or destruction shall be governed by the Lister’s terms and conditions in respect of such damage or destruction.

11.3 We are continuously improving the Website and Services for all users and reserve the right to make changes at any time. Changes we make, including discontinuing certain features, affect all users and we try to minimize disruption to users. However, these changes may affect users differently. We are not responsible if any specific changes we make to the Website or Services adversely affect how you use them. Moreover, MisterLocation does not guarantee, represent, or warrant that your use of the Services will be uninterrupted or error-free, and you agree that MisterLocation may eliminate or otherwise modify any or all aspects of the Services, including Website features, without compensation or notice to you.

11.4 MisterLocation makes no warranties, expressed or implied for the non-infringement of intellectual property or other violations of third party rights.

11.5 MisterLocation is not liable for damage that is the result of a non- or improper functioning of a Listing and/or of the Services, unless the cause is willful misconduct or gross negligence by MisterLocation.

11.6 If MisterLocation is liable as a result of a failure to perform its obligations which is attributable to MisterLocation, the liability will be limited to the direct case damage that is in direct connection to the deficiencies attributable to MisterLocation. Liability for any form of indirect or consequential damages is excluded.

11.7 MisterLocation is not liable for failure to perform its obligations under these Terms if the execution of these obligations is hampered or made impossible by a cause that is outside of MisterLocation’s reasonable control.

11.8 You are responsible for complying with all applicable laws, including but not limited to privacy laws, federal, state, and local housing and rental laws, and local business permitting, registration, and rental fee requirements. MisterLocation is not liable for your non-compliance with any applicable laws.

11.9 Our Website and Services may contain links to third-party websites or services that we don’t own or control. You may also use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. MisterLocation is not a party to those agreements; they are solely between you and the third party. Therefore, we are not responsible for the content and methods of these websites or services and does not accept any liability for these websites or services.

12 Indemnity

Any breach of agreement between the Lister and the Renter, any damage to or destruction of a Listing or goods present at a listed Location, or any other dispute between a Lister and a Renter is a dispute directly between such Parties. You agree to indemnify and hold harmless MisterLocation from any claim or demand, including reasonable attorneys' fees, made by another Party or any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of another Party or a third party.

13 Data protection

By using the Services, you agree that our Privacy Policy (as may be updated from time to time) governs MisterLocation’s collection, transfer, storage and use of your personal information.

14 Miscellaneous

14.1 Independent contractor: The Terms are not intended to and shall not be interpreted to create a joint venture or partnership or formal business entity of any kind between or among any of the Parties. Each Party shall act as an independent contractor and neither Party shall have any authority to bind the other Party.

14.2 Waiver: The failure of MisterLocation to enforce the provisions of the Terms at any time, or the failure to require at any time performance by the other Parties of any of the provisions of the Terms, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of MisterLocation to enforce each and every such provision.

14.3 Remedies Cumulative: Except as otherwise expressly provided in these Terms, all rights and remedies available to MisterLocation are cumulative and may be exercised concurrently or separately and in the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies.

14.4 Severability: If any provision of the Terms shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of the Terms shall not be affected thereby.

14.5 Entire Agreement: These Terms, together with the Privacy Policy and any amendments you might enter into with MisterLocation in connection with the Services, shall constitute the entire agreement between you and MisterLocation concerning the Website or Service, and shall supersede any prior terms.

14.6 Limitation of Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

14.7 Survival: Rights and obligations of the Parties under the Terms that by their nature should survive termination or expiration of the agreement between the Parties, including but not limited to any and all indemnity provisions, will remain in effect after termination or expiration of the Services.

15 Changes to Terms of Service

These Terms may be updated time to time without expressly informing you. The latest version will be available via the Website. Changes will be effective upon the posting of the changes. Your continued use of the MisterLocation Services thereafter constitutes acceptance of the updated Terms. The most current version of the Terms will supersede all previous versions.

16 Governing Law and Jurisdiction

The Terms and/or any non-contractual obligations arising from or in connection with it are subject to the laws of The Netherlands and any dispute arising thereof that cannot be solved amicably shall be settled before the competent court of Amsterdam, The Netherlands.

Contact us

If you have any questions concerning these Terms or our Website or Services, please contact us at support@misterlocation.com.

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