DITIGAL VALLEY

Terms & conditions of use

Last updated: April 30, 2019.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE DIGITAL VALLEY PLATFORM, AS THEY CONTAIN IMPORTANT INFORMATION. BY USING THE DIGITAL VALLEY PLATFORM, YOU CERTIFY YOU ARE AN ADULT AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH THESE TERMS.

1. Scope of DIGITAL VALLEY Services

1.1. DIGITAL VALLEY is a community of professionals and an online marketplace ("The DIGITAL VALLEY platform") that enables certain third parties who offer services (“Hosts” who offer “Host Services”) to publish such Host Services ("List a desk") on the DIGITAL VALLEY Platform (“Listings”) and offer those services to users (“Users”) and paid members ("Members") that are seeking to work, travel and stay the night at various locations.

Moreover, DIGITAL VALLEY offers to its Members ("Membership Plan") an access to the exclusive community, to the community's meet-ups and events (“Events”), and remote-jobs opportunities ("Remote-job offers")

1.2. Notice that DIGITAL VALLEY does not own, create, sell, resell, provide, control, manage, deliver or supply any Listings or Host Services, nor is DIGITAL VALLEY an organizer or retailer of travel packages.

Hosts alone are responsible for their Listings and Host Services. When Users or Members make or accept a booking, they are entering into a contract directly with the Host. DIGITAL VALLEY is not and does not become a party to or other participant in any contractual relationship between Users or Members and Hosts, nor is DIGITAL VALLEY a real estate broker or insurer.

DIGITAL VALLEY is not acting as an agent in any capacity for any Member.

1.3. While we may help facilitate the resolution of disputes, DIGITAL VALLEY has no control over and does not guarantee (1) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (2) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, (3) the performance or conduct of any Member or third party Host.

Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by DIGITAL VALLEY about any Member or User, including of the their identity or background or whether they are trustworthy, safe or suitable.

1.4. If you choose to use the Digital Valley Platform as a Host, your relationship with DIGITAL VALLEY is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of DIGITAL VALLEY for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit of DIGITAL VALLEY, unless otherwise agreed in an external contract.

1.5. To promote the DIGITAL VALLEY platform and increase the exposure of Listings and the potential number of Users and Members – in order to serve the common interest of DIGITAL VALLEY and its hosts – Members and Users' content may be displayed on third party websites, applications, within emails and within online and offline advertisements.

1.6. The DIGITAL VALLEY Platform may contain translations powered by Google. DIGITAL VALLEY disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.7. The DIGITAL VALLEY Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. DIGITAL VALLEY is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by DIGITAL VALLEY of such Third-Party Services.

1.8. Due to the nature of the Internet, DIGITAL VALLEY cannot guarantee the continuous and uninterrupted availability and accessibility of the DIGITAL VALLEY Platform. DIGITAL VALLEY may restrict the availability of the DIGITAL VALLEY platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the DIGITAL VALLEY Platform.

DIGITAL VALLEY may improve, enhance and modify the DIGITAL VALLEY platform and introduce new DIGITAL VALLEY Services from time to time.

1.9. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the DIGITAL VALLEY platform. In connection with your use of the DIGITAL VALLEY Platform, you will not and will not assist or enable others to: (1) breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards; (2) use the DIGITAL VALLEY Platform or its content for any commercial or other purposes that are not expressly permitted by these terms or in a manner that falsely implies the DIGITAL VALLEY endorsement, partnership or otherwise misleads others as to your affiliation with the DIGITAL VALLEY; (3) copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the DIGITAL VALLEY platform in any way that is inconsistent with the DIGITAL VALLEY’s Privacy Policy and/or these terms and/or that otherwise violates the privacy rights of Members or third parties; (4) use the DIGITAL VALLEY platform in connection with the distribution of unsolicited commercial messages ("spam"); (5) unless DIGITAL VALLEY explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself; (6) use the DIGITAL VALLEY platform to request, make or accept a booking independent of the DIGITAL VALLEY platform, to circumvent any Service Fees (if there are any) or for any other reason; (7) request, accept or make any payment for Service Commission / Service Fees / Membership Fees outside of the DIGITAL VALLEY platform. If you do so, you acknowledge and agree that you would be in breach of these Terms and that you accept all risks and responsibility for such; (8) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior; (9) use, display, mirror or frame the DIGITAL VALLEY platform or its content, or any individual element within the DIGITAL VALLEY platform (its name, trademark, logo, design or other proprietary information) without DIGITAL VALLEY's express written consent; (10) dilute, tarnish or otherwise harm the DIGITAL VALLEY brand in any way; (11) use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the DIGITAL VALLEY platform for any purpose, or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the DIGITAL VALLEY platform.

2. Foregoing Disclaimers

2.1 If you choose to use the DIGITAL VALLEY platform and/or its content, you do so voluntarily and at your sole risk. The DIGITAL VALLEY platform and content are provided “as is”, without warranty of any kind, either express or implied.

2.2 You agree that you have had whatever opportunity you deem necessary to investigate the services offer on DIGITAL VALLEY platform.

2.3 You agree that some Coworking Spaces, Cotravelling Spaces, Accommodation, Experiences, Events and other relevant services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in a Host Service and you agree to release and hold harmless DIGITAL VALLEY from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.

3. Eligibility, Using the Digital Valley Platform, Member Verification

3.1 By accessing or using the DIGITAL VALLEY platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

3.2 DIGITAL VALLEY may make access to and use of the DIGITAL VALLEY platform, or certain areas or features of the DIGITAL VALLEY platform, subject to certain conditions or requirements, such as completing a verification process, including digital occupation verification, meeting specific quality or eligibility criteria, reviews thresholds, or booking and cancellation history.

3.3 User verification on the Internet is difficult and Digital Valley do not assume any responsibility for the confirmation of any Member’s identity.

3.4 The access to or use of certain areas and features of the Digital Valley Platform may be subject to separate policies, standards, guidelines, the purchasing of membership, or may require that you accept additional terms and conditions or purchase a paid membership.

4. Modification of the Terms

DIGITAL VALLEY reserves the right to modify these Terms at any time in accordance with this provision. Your continued access to or use of the DIGITAL VALLEY platform will constitute acceptance of the revised Terms.

5. Membership

5.1 To help operate the DIGITAL VALLEY platform and vision, we charge 79 NIS/a year for a Membership plan ("Membership Fee").

5.2. Any applicable Membership Fee will be displayed to a Member prior to purchasing a Membership plan.

5.3. You must purchase a Membership plan ("Membership") to access and use extra features of the DIGITAL VALLEY platform, such as (1) access to the community's members, (2) access and information about exclusive locations, (3) privilege access to remote-jobs offers, (4) option to join the DIGITAL VALLEY's affiliate program, (5) Phone guidance for planning your remote work routine.

5.4 As a User or as a paid Member, you must provide accurate, current and complete information and keep it up-to-date at all times.

5.5. You may not register as a paid Member more than once, unless DIGITAL VALLEY authorizes you to do so. You may not assign or otherwise transfer your DIGITAL VALLEY Membership to another party.

5.6. You are liable for any and all activities conducted through your DIGITAL VALLEY user, unless such activities are not authorized by you and you reported the unauthorized use or loss of your credentials.

5.7. The applicable Membership fees are collected by DIGITAL VALLEY.

5.8. As a member, you may choose to provide additional information such as Facebook Profile, which may be restricted to non-Members.

6. Service Commissions and Fees

DIGITAL VALLEY reserves the right to start collecting Service Commission at any time, and will provide Hosts adequate notice of any fee changes before they become effective.

7. Content

7.1. DIGITAL VALLEY may, at its sole discretion, enable Users and Members to access and view any content that DIGITAL VALLEY itself makes available on or through the DIGITAL VALLEY platform, including proprietary DIGITAL VALLEY content and any content licensed or authorized for use by or through DIGITAL VALLEY from a third party ("DIGITAL VALLEY Content").

DIGITAL VALLEY may, at its sole discretion, enable verified Hosts to (1) offer their Common Space or related-service by contact DIGITAL VALLEY, (2) access and view any content that DIGITAL VALLEY itself makes available on or through the DIGITAL VALLEY platform, including proprietary DIGITAL VALLEY content and any content licensed or authorized for use by or through DIGITAL VALLEY from a third party.

7.2. The DIGITAL VALLEY platform and DIGITAL VALLEY Content may in its entirety or in part be protected by copyright, trademark, and/or other laws.

7.3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the DIGITAL VALLEY platform, except to the extent you are the legal owner of certain User/Member Content or as expressly permitted in these Terms.

7.4. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User/Member Content on or through the DIGITAL VALLEY platform, you grant to DIGITAL VALLEY a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User/Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User/Member Content to provide and/or promote the DIGITAL VALLEY platform, in any media or platform.

7.5. You are solely responsible for all User/Member Content that you make available on or through the DIGITAL VALLEY platform. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User/Member Content that you make available on or through the DIGITAL VALLEY platform or you have all rights, licenses, consents and releases that are necessary to grant to DIGITAL VALLEY the rights in and to such User/Member Content, as contemplated under these Terms; and (2) neither the User/Member Content nor your posting, uploading, publication, submission or transmittal of the User/Member Content or DIGITAL VALLEY's use of the User/Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

7.6. You will not offer, post, upload, publish, submit or transmit any User/Member Content that: (1) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (2) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (3) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (4) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (5) promotes illegal or harmful activities or substances; or (6) violates DIGITAL VALLEY’s content policy or any other DIGITAL VALLEY policy.

7.7. DIGITAL VALLEY may, without prior notice, remove or disable access to any User/Member Content that DIGITAL VALLEY finds to be in violation of these Terms or may be harmful or objectionable to DIGITAL VALLEY, its User and Members, third parties, or property.

7.8. DIGITAL VALLEY respects copyright law and expects its User and Members to do the same. If you believe that any content on the DIGITAL VALLEY platform infringes copyrights you own, please notify us.

7.9. The following content is never allowed on DIGITAL VALLEY: (1) Content created solely for the purpose of advertising or other commercial content, including company logos, links, or company names, (2) Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner, (3) Content that endorses or promotes illegal or harmful activity, or that is profane, vulgar, obscene, threatening, or harassing, (4) Content that is discriminatory (review our Nondiscrimination Policy for more info), (5) Attempts to impersonate another person, account, or entity, including a representative of Digital Valley, (6) Content that is illegal or that violates another person’s or entity’s rights, including intellectual property rights and privacy rights.

8. Terms specific for Hosts

8.1. When providing information for the purpose of creating a Listing through the DIGITAL VALLEY platform you must (1) provide complete and accurate information about your Host Service, such as overview description, location and availability, (2) disclose any deficiencies, restrictions, such as Policy ("Host Policy") and requirements that apply, such as proficiency or fitness requirements for an Experience, and (3) provide any other pertinent information requested by DIGITAL VALLEY. 

8.2. DIGITAL VALLEY reserves the right to reject any Host Service who seemed to contain false or not accurate information, or not providing the described service as required, or if complaints were filed by Users or Members.

8.3. You are the responsible for setting a fixed price for the service, including any taxes if applicable. Once a User or a Member requests a booking of your Listing, you may not request them to pay a higher price.

8.4. Cancellation and refund policy, of any booking, is according to the Host Policy.

8.5. DIGITAL VALLEY recommends that Hosts obtain appropriate insurance for their Host Services.
Please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of DIGITAL VALLEY's Users and Members.

8.6. You represent and warrant that any Listing you ask to post will not breach any agreements you have entered into with any third parties, such as homeowner's association, and comply with all applicable laws (such as zoning laws), tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals (Users and Members) who reside at or are otherwise present at the Listing property, at your request or invitation.

8.7. To post a Retreat or Event or other related service – please contact DIGITAL VALLEY.

8.8. DIGITAL VALLEY reserves the right to decide, in its sole discretion, whether a submitted a Retreat, Event or other related service that will be published on the Digital Valley Platform.

8.9. DIGITAL VALLEY reserves the right to remove, in its sole discretion, a submitted Retreat, Event or other related service, at any time.

8.10. As a Host, you are solely responsible for determining your obligations to report, collect, remit any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

8.11. In certain circumstances, DIGITAL VALLEY may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons where DIGITAL VALLEY believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to DIGITAL VALLEY, Users, Members, third parties or property, or for any of the reasons set out in these Terms. In this case, you agree to respect, accept and follow DIGITAL VALLEY's decision.

9. Terms specific for Guests (Users and Members)

9.1. Subject to meeting any requirements (such as completing any verification processes) set by DIGITAL VALLEY and/or the Host, you can Request To Book ("Request To Book Service") of a desk listed on a Listing by filling-in the required form ("Book a Desk Form") on the relevant Listing page.

9.2. Booking approval and payment will be made and collected by the Listing's owner.

9.3. First arrival, at any Host's space, requires an approved reservation by DIGITAL VALLEY.

9.4. All fees, if there are any, will be presented to you prior to booking, and by using the DIGITAL VALLEY platform, you agree to pay the total fees for any booking requested.

9.5. When you book a desk, accommodation, experience, event or other relevant service, you are entering into a contract directly with the Host. DIGITAL VALLEY is not and does not become a party to or other participant in any contractual relationship between the two sides.

9.6. Cancellation and refund policy, of any booking, is subjected to the Host Policy and to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.

9.7. Arriving at the Host's location may require scanning of a DIGITAL VALLEY's bar code ("Arriving Confirmation"). You may ask for guidance from the host.

9.8. You understand that a confirmed booking of a desk is a limited license granted to you by the Host to enter and use the Common Space ("Coworking") (used as a workplace, according to the defined services on the Listing) for the duration of your stay.

9.9. You agree to leave the common space and/or the accommodation no later than the checkout time that the Host specifies in its Policy or such other time as mutually agreed upon between you and the Host.

If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the common space or the accommodation and the Host is entitled to make you leave in a manner consistent with applicable law and charge you for an additional fee ("Overstay Fees") subject to the Host Policy.

9.10. In certain circumstances, DIGITAL VALLEY may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons where DIGITAL VALLEY believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to DIGITAL VALLEY, Users, Members, third parties or property, or for any of the reasons set out in these Terms.

9.11. As a guest (whether User or a Member) you are responsible for leaving the common space and/or the accommodation (including any personal or other property located there) in the condition it was in when you arrived. You are solely responsible for your own acts and omissions.

9.12. As a guest (whether User or a Member) you understand and agree that DIGITAL VALLEY may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property of the Host.

You agree to cooperate with and assist DIGITAL VALLEY in good faith, and to provide DIGITAL VALLEY the information as may be reasonably requested.

9.13. Booking a desk provides approval for receiving emails and marketing content from DIGITAL VALLEY.

10. Term and Termination, Suspension and other Measures

10.1. This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or DIGITAL VALLEY terminate the Agreement in accordance with this provision.

10.2. DIGITAL VALLEY may immediately, without notice, terminate this Agreement and/or stop providing access to the DIGITAL VALLEY platform.

11. Privacy Policy

11.1. We ask for and collect the following personal information about you when you use the DIGITAL VALLEY's certain services (such as using the Availability Service or purchasing a Membership Plan), this information is necessary for the adequate performance of the contract between you, us and the Hosts: (1) First name, Surname, Email address, Occupation and Passion and a picture; (2) Payment Information and information that is necessary for using certain features of the DIGITAL VALLEY platform, such as Membership Plan's purchasing. We may require you to provide certain financial information (like credit card information).

11.2. As a member, you may choose to provide additional information such as Facebook Profile, which may be restricted to non-Members. In addition, you may choose to provide us information when you fill in a form, conduct a search, update or add your Member's information, respond to surveys, post, review or use other features of the DIGITAL VALLEY platform and services.

11.3. We use, store, and process information, including personal information, about you to (1) provide, understand, improve, and develop the DIGITAL VALLEY platform, create and maintain a trusted and safer environment and comply with our legal obligations; (2) send you service or support messages, updates, security alerts, and account notifications; (3) provide, personalize, measure, and improve our advertising and marketing; (4) send you promotional messages, marketing, advertising, and other information that may be of interest to you.

11.4. Where you have provided consent, we share your information, including personal information, as described at the time of consent. Notice Parts of your details, such as your first name, are visible to others Users and Members.

11.5. When you, as a User or a Member, submit a Availability request or booking a Retreat service, certain information about you – such as you name – is shared with the Host.

11.6. DIGITAL VALLEY may disclose your information (Whether a Guest or a Host), including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary.

11.7. DIGITAL VALLEY reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the DIGITAL VALLEY platform.

12. Security

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

If you have questions or comments about this Privacy Policy, please contact us.

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