These Terms of Use (the "Agreement" or "Terms of Use") is between you ("you" or "Traveler"), and Global Adventures, LLC ("we", "us", "Company", or "Global Adventures"), a California limited liabil-ity company that owns and operates seemyCity.com, with a principal place of business at 6680 Al-hambra Avenue #200, Martinez, CA 94553-6105.
This Agreement specifies the terms and conditions that apply to your listing available through the Global Adventures web site at www.seemyCity.com (the "Site"). This agreement contains important legal terms and conditions, including information regarding our rights to assess fees and reverse payments and how we may make changes to this agreement. This is a binding agreement. By us-ing the Site or the Service you agree to abide by these Terms of Use.
BY CLICKING ON THE "YES, I AGREE TO TERMS OF USE" BUTTON BELOW OR REGISTERING FOR AND USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ALL REFERENCED POLICIES.
IF YOU DO NOT AGREE TO THESE TERMS OR ANY SUBSEQUENT MODIFICATION, CLICK THE "NO, I DO NOT AGREE" BUTTON OR OTHERWISE DO NOT REGISTER FOR OR USE THE SERVICE. GLOBAL ADVENTURES RESERVES THE RIGHT TO REJECT YOUR OFFER TO REGISTER FOR OR USE THE SERVICE IN ITS SOLE DISCRETION. GLOBAL ADVENTURES MAY TERMINATE YOUR SERVICE WITHOUT NOTICE FOR FAILING TO ABIDE BY THESE TERMS.
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT EITHER: (a) YOU ARE AT LEAST 18 YEARS OLD AND HAVE THE LEGAL RIGHT AND AUTHORITY IN YOUR JURISDICTION TO AGREE TO AND BE BOUND BY THESE TERMS OF USE, OR (b) YOU ARE AT LEAST 16 YEARS OLD AND YOUR PARENT OR LEGAL GUARDIAN HAS READ AND AGREED TO THESE TERMS ON YOUR BEHALF AND YOUR PARENT OR GUARDIAN HAS THE LEGAL RIGHT AND AUTHORITY IN YOUR JURISDICATION TO AGREE TO THESE TERMS ON YOUR BEHALF AND TO BE BOUND BY THEM. seemyCity.COM IS NOT AVAILABLE TO USERS UNDER THE AGE OF 16.
-
BINDING AGREEMENT; MODIFICATIONS. THE ACCESS AND USE OF THE SITE OR THE SERVICES BY TRAVELER CONSTITUTES FULL AGREEMENT BY TRAVELER TO BE BOUND BY THIS AGREEMENT. GLOBAL ADVENTURES RESERVES THE RIGHT TO MODIFY THE TERMS AND CONDITIONS OF THIS AGREEMENT FROM TIME TO TIME, AND WILL POST ANY SUCH MODIFICATIONS ON THE WEBSITE. ANY SUCH MODIFICATIONS WILL BECOME EFFECTIVE IMMEDIATELY UPON THEIR POSTING TO THE WEBSITE. TRAVELER AGREES THAT IT IS THE RESPONSIBILITY OF TRAVELER TO REVIEW THIS AGREEMENT PERIODICALLY FOR MODIFICATIONS. THE CONTINUED ACCESS AND USE OF THE SITE OR SERVICES BY TRAVELER AFTER ANY SUCH MODIFICATIONS SHALL ALSO CONSTITUTE FULL AGREEMENT BY TRAVELER TO BE BOUND BY SUCH MODIFICATIONS. IF AT ANY TIME, YOU FIND THESE TERMS OF USE UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE SITE AND CASE ALL USE OF THE SERVICE AND THE SITE.
-
AGE RESTRICTIONS, AUTHORITY; REGISTRATION INFORMATION. The person who submits the registration information and checks the "YES, I ACCEPT" box represents and warrants to Global Adventures that such person is either: (a) at least 18 years of age and has adequate legal capacity to enter into binding agreements or (b) is at least 16 years of age and has had their parent or legal guardian read and agree to these terms on his or her behalf and such parent or legal guardian has adequate legal capacity to enter into binding agreements (a "Minor"). Global Adventures' services are not available to minors under the age of 16. Global Adventures' services are only available to those who are legally enti-tled to enter into a binding contract. The User agrees: (i) to provide true, accurate, current, and complete information about the User as prompted by the registration form; and (ii) to maintain and update this information to keep it true, accurate, current, and complete. If any registration information provided by the User is untrue, inaccurate, not current, or incom-plete, then Global Adventures has the right to terminate the User's Account.
-
DEFINITIONS. As used in this Agreement, the following terms have the following mean-ings:
-
"Content" refers to any content of the site, including Global Adventures Content, Guide Content and Traveler Content.
-
"Guide Content" means all data, text, pictures, sound, graphics, logos, marks, sym-bols, and other materials supplied by Guide to Global Adventures pursuant to this Agreement, as such materials may be modified from time to time.
-
"Effective Date" means the date that Traveler completes the registration process and pays the required fees associated with registration.
-
"Global Adventures Content" means the software, technology or other proprietary materials described in section 7g below.
-
"Service" means the listing services provided by Global Adventures to Traveler he-reunder, as described in section 4 below.
-
"Term" shall mean the term of this Agreement.
-
"Traveler" means a visitor to the Site, other than a Guide.
-
"Traveler Content" means all data, text, pictures, sound, graphics, logos, marks, symbols, and other materials supplied by Traveler to Global Adventures, including, but not limited to, any data a Traveler posts in the forums.
-
"User" means a user of the Site or the Service, whether as a Guide or Traveler.
-
"User Name" means the name selected by the User to be used for their account.
-
SERVICE. We currently offer access to listings of tour guides throughout the world (the "Service"). Currently the Service is free for Travelers, but this may change in the future. The listings are paid advertisements submitted by the Guides and are for informational pur-poses only. Global Adventures does not endorse any Guides, check references for any of the Guides, or verify, check, or authenticate the information provided by the Guides. Cer-tain parts of the Site require that you set up an account. You understand that Guides on our site are not employees of Global Adventures and that any contract you enter into with Guides who you contact will be solely between you and the Guide, and that Global Adven-tures will not be held liable for any legal action resulting from any such contracts for ser-vices. As long as the User's Account is in good standing, the User is entitled to use the Site, subject to all of the terms and conditions of this Agreement. To use the Site, the User must: (i) provide for the User's own access to the internet and pay any service fees associated with such access; and (ii) provide all equipment necessary for the User to make such con-nection to the internet, including a computer and modem.
-
PRIVACY POLICY. Global Adventures respects your privacy and permits you to control the treatment of your personal information. A complete statement of Global Adventures’ current privacy policy can be found by clicking here. Global Adventures may modify its privacy pol-icy on 30 days’ notice by posting on the website or upon notice to the Traveler via e-mail. Global Adventures’ privacy policy is expressly incorporated into this Agreement by this ref-erence
-
CONTENT. Global Adventures does not pre-screen or approve any of the content posted by the Guides (“Guide Content”) or any other content on the Site (“Content”). We cannot vouch for the accuracy, quality or good sense of the content posted in the listings or else-where on the Site because we do not claim to read and evaluate all of the listings, users posts, and other content. You must use your own common sense to judge, evaluate and decide about the usefulness of what you read here. We also do not vouch for the quality or the suitability of any Guide Services. Any ratings or reviews of the Guides are the opinions of the writer or poster only and not necessarily of Global Adventures.
-
Guides are solely responsible for all Guide Content, postings, messages, text, files, images, photos, video, sounds, or other materials posted on, made available through, transmitted through, or linked to from the Site. As such, Travelers should not consider any listings to be an endorsement or recommendation from the Site.
-
Traveler agrees that it shall not post any of the following types Traveler's Content: (i) any false, fraudulent, unlawful, harassing, defamatory, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind; (ii) any material that violates the rights of another, including but not lim-ited to, the intellectual property rights of another; (iii) any material that violates any applicable local, state, national, or international law or regulation; (iv) any computer programming routines that are intended to damage, detrimentally interfere with, sur-reptitiously intercept, or expropriate any system, data, or personal information; or (v) any material that would create any liability for Global Adventures or cause Global Adventures to lose the services of Global Adventures’ ISP or other suppliers.
-
Traveler may not post any information or content that could cause Global Adven-tures to violate any applicable law.
-
Traveler hereby grants to Global Adventures and its affiliates, officers, directors, employees, consultants, agents, or representatives a worldwide, irrevocable, roy-alty-free, right and license (with the right to sublicense, including to third party sites such as Google.com, etc.) to use, copy, publish, perform publicly, and distribute the Traveler's Content, subject only to any limitations provided in Global Adventures’ privacy policy. You will not be compensated for any Traveler Content. You agree that Global Adventures may publish or otherwise disclose your name in connection with your Traveler Content. By posting Traveler Content on the Site or Service, you warrant and represent that you own the rights to the Traveler Content or are other-wise authorized to post, distribute, display, perform, transmit, or otherwise distribute Traveler Content
-
Inappropriate content that does not relate to Global Adventures' purpose may be de-leted without notice. Examples of reasons for which we may delete content include non-travel related listings, profanity, nudity, defamation, complaints, or flagged list-ings. Flagging occurs when users notify Global Adventures of content they feel should be reviewed. We will review the content if necessary, or automatically sus-pend content if a certain level of flagging is reached. Listings and forum posts must not contain any inappropriate content or else they may be suspended. Repeated posting of inappropriate content will result in termination of Traveler’s account.
-
Global Adventures shall have no obligation to review or edit any data. Global Adven-tures reserves the right to suspend the Service, remove data from the Site, or termi-nate this agreement if (a) Traveler posts misleading, deceptive or false information (b) you engage in behavior that may cause negative feedback to reflect on Global Adventures, such as failure to respond to customer inquiries.
-
Global Adventures may make certain software, technology or other proprietary ma-terials available to you in connection with your use of the Site (the “Global Adven-tures Content”). The Global Adventures Content is deemed to be licensed to you by Global Adventures solely for use in your listing on the Site. Global Adventures does not transfer either the title or the intellectual property rights to the Global Adventures Content, and Global Adventures retains full and complete title to the Global Adven-tures Content as well as all intellectual property rights therein. You may not sell, re-distribute, or reproduce the Global Adventures Content, nor may you decompile, re-verse-engineer, disassemble, or otherwise convert the Global Adventures Content to a human-perceivable form. All trademarks and logos related to seemyCity.com are owned by Global Adventures or its licensors and you may not copy or use them in any manner, except as expressly provided for herein. All contents of the Site are: Copyright © 2008 GLOBAL ADVENTURES, MARTINEZ, CA 94553, U.S.A.. Other product and company names mentioned on the Site, such as through advertise-ments, may be the trademarks of their respective owners.
-
Global Adventures does not control and is not responsible for content made avail-able through the Site. Users, including Travelers, may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable - and users may notify Global Adventures by sending an e-mail to support@seemyCity.com. Further, the Site may contain advertisements by third parties. Unless otherwise specifically stated on the Site, we do not endorse or make any representation or warranty regarding the quality of any advertised products or services, and we do not endorse or make any representation or warranty regarding the accuracy of such ad-vertisements.
-
Content available through the Site may contain links to other websites, which are completely independent of Global Adventures. Global Adventures does not control such websites and is not responsible for their contents. Global Adventures makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Global Adventures' inclusion of hyper-links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
-
Guide Ratings must only be created by users who have a professional relationship with a guide. Examples of relationships include client-guide, agent-guide, user-guide, or users who have simply had an email exchange regarding travel services. Feedback should be written in a fair and tasteful way. If ratings are found not to be true representations of a professional relationship, this will result in deletion of list-ings and possible termination of your account at the discretion of Global Adventures. Global Adventures may also remove any other feedback it deems inappropriate.
-
Traveler must evaluate and bear all risks associated with the use of any Content, in-cluding Guide Content and Traveler may not rely on the Content. Under no circum-stances will Global Adventures be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content, including Guide Content, posted, emailed, or otherwise made available via the Site.
-
CONTACTS WITH GUIDES. Travelers will be able to contact the Guides through the con-tact information contained in the Guide’s listing. Guides post paid listings on the Site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. The Traveler is respon-sible for the Traveler's own safety in connection with the use of the website or the Global Adventures system and is responsible for all communications between the Guide and other Global Adventures users. Travelers are responsible when meeting others with whom they have been connected through Global Adventures. Global Adventures does not employ any of the guides. Global Adventures does not check or verify the identity of any of the Guides. Global Adventures does not guarantee and is not responsible for any services provided by the Guides. Travelers should independently verify all important information when consider-ing a Guide, including experience, references from other uses, and license or certification validity. Global Adventures does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. Your agreements and/or pay-ments of fees with the Guides are solely between you and the Guides. You should carefully review the terms and conditions of any such agreement before entering it and you should take safety precautions before meeting up with any Guides.
THE USER ACKNOWLEDGES AND AGREES THAT: (I) FOR YOUR SAFETY, PLEASE FOLLOW COMMON SENSE RULES WHEN MAKING ARRANGEMENTS ONLINE WITH PEOPLE WHO ARE NOT KNOWN TO YOU; (II) ALL CONTACT AND ARRANGEMENTS BETWEEN THE GUIDES AND THE TRAVELERS ARE THE RESPONSIBILITY OF THE GUIDES AND TRAVELERS THEMSELVES; (III) GLOBAL ADVENTURES IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTACTS, ARRANGEMENTS, OR AGREEMENTS BETWEEN THE GUIDES AND THE TRAVELERS; (IV) TRAVELER IS RESPONSIBLE FOR THE USER'S OWN SAFETY IN CONNECTION WITH THE USE OF THE SITE AND IS RESPONSIBLE FOR ALL COMMUNICATIONS BETWEEN TRAVELER AND OTHER SITE USERS; (VI) GLOBAL ADVENTURES DOES NOT CHECK OR VERIFY THE IDENTITY OF THE GUIDES OR ANY REFERENCES PROVIDED BY THE GUIDES; (VII) GLOBAL ADVENTURES DOES NOT EMPLOY ANY OF THE GUIDES; (VIII) GLOBAL ADVENTURES DOES NOT CHECK OR VERIFY THE IDENTITY OF ANY OF THE TRAVELERS; (IX) GLOBAL ADVENTURES DOES NOT GUARANTEE AND IS NOT RESPONSIBLE FOR ANY SERVICES PROVIDED BY THE GUIDES; AND (X) THE USERS ARE RESPONSIBLE WHEN MEETING OTHERS WITH WHOM THEY HAVE BEEN CONNECTED THROUGH THE SITE. ANY MINOR TRAVELER ACKNOWLEDGES AND AGREES THAT HE OR SHE MUST GET HIS OR HER PARENT’S OR LEGAL GUARDIAN’S APPROVAL BEFORE INITIATING ANY CONTACTS WITH GUIDES OR MAKING ANY ARRANGEMENTS WITH GUIDES. MINOR TRAVELERS SHOULD NEVER POST PERSONAL INFORMATION IN THE FORUMS.
-
TRANSACTION DISPUTES. Because Global Adventures is merely providing information to Travelers, Global Adventures will not be involved in resolving any disputes arising out of or related to any transaction between Guide and any Travelers. IF A DISPUTE ARISES BETWEEN GUIDE AND A TRAVELER, TRAVELER RELEASES GLOBAL ADVENTURES (AND ITS AGENTS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE AND/OR ANY TRANSACTION BETWEEN GUIDE AND A TRAVELER.
-
USE.
-
You will select a password, and you are entirely responsible for maintaining the con-fidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Global Adventures immediately of any unauthorized use of your account, user name, or password. Global Adventures shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Global Adventures, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You will periodically be required to change your password and you will receive a message regarding the expiration of such password at least 7 days in ad-vance. If Traveler has reason to believe that Traveler’s account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Trav-eler’s ID, password, or any credit, debit, or charge card number stored), Traveler shall notify Global Adventures of the problem to avoid possible liability for any unau-thorized charges to Traveler’s account.
-
Traveler shall only use the Site and the Services: (i) to manage Traveler’s account; (ii) to participate in forums or rate Guides; and (iii) for purposes reasonably related to the above purposes, and for no other purposes. As a condition to the use of the Service and the Site by Traveler, Traveler represents and warrants to Global Adven-tures that the Traveler shall not use the Service or the Site for any purpose that is unlawful or prohibited by this Agreement.
-
Traveler agrees to abide by all applicable local, state, national, and international laws and regulations in the Traveler's use of the Service and the Site, and agrees not to interfere with the use and enjoyment of the Service or the Site by other Site users. Traveler agrees: (i) not to interfere with or disrupt the Service or the Site or servers or networks connected to the Service or the Site; (ii) to comply with all re-quirements, procedures, policies, and regulations of networks connected to the Ser-vice and the Site; and (iii) to comply with all applicable laws regarding the transmis-sion of technology or technical data exported from the United States.
-
RESTRICTIONS. When accessing the Site and/or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
-
Traveler agrees not to resell use of or access to the Site. Traveler agrees not to at-tempt to gain unauthorized access to other computer systems or networks con-nected to the Site.
-
Traveler agrees not to upload, download, display, perform, transmit, or otherwise distribute any Traveler Content in violation of any third party’s copyrights, trade-marks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Traveler Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Trav-eler Content does not violate any laws or third party rights rests solely with you.
-
Traveler may not access, download, use, or export the Site in violation of U.S. ex-port laws or regulations, or in violation of any other applicable laws or regulations. The Site contains robot exclusion headers and Traveler agrees that Traveler will not use any web crawler, web robot, web spider, other automatic device, or manual process to monitor, use, or copy any portion of the Site or the content contained therein without Global Adventures' prior express written permission. Traveler agrees that Traveler will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. Traveler agrees that Traveler will not take any action that imposes an unreasonable or disproportionately large load on Global Adventures' infrastructure.
-
You shall not make the following types of Traveler Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Traveler Content that (a) is libelous, privacy invading, vulgar, defamatory, obscene, porno-graphic, abusive, threatening, or otherwise objectionable; or (b) advocates or en-courages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. Global Adventures reserves the right to terminate your receipt, transmission, or oth-er distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Global Adventures intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
-
You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not in-tended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of sub-mitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, in-cluding, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Global Adventures in pro-viding the Site or Service.
-
Any violation of system or network security may subject you to civil and/or criminal liability.
-
You shall also not use the Service to publish, link to, sell, or otherwise distribute any Adult Content (as defined below), whether or not such Adult Content may be deemed related to your travel, and you shall remove any such Adult Content as soon as you become aware, or are made aware, of such Adult Content. For pur-poses of this Agreement, “Adult Content” means any material, including textual, au-dio, or video material, that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts.
-
COPYRIGHT AND TRADEMARKS: All materials on the Global Adventures Content, ex-cept for Guide listings and advertisements, including, without limitation, text, images, soft-ware, audio and video clips, databases, e-mails, and posted comments and reviews is owned or controlled by Global Adventures and/or its licensors, which retain all right, title, and interest in and to the Content. You may not download, display, reproduce, create de-rivative works from, transmit, sell, distribute, or in any way exploit the Service or any portion thereof for any public or commercial use without our express written permission. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Global Ad-ventures and seemyCity.com or its employees, licensors, independent contractors, provid-ers and affiliates, (collectively, ''Affiliates'') without our prior written permission or the per-mission of the relevant Affiliate. In addition, you may not use our trademarks:
-
in, as, or as part of, your own trademarks or those of any third parties;
-
to identify products or services that are not those of Global Adventures;
-
in a manner likely to cause confusion; or
-
in a manner that implies inaccurately that Global Adventures sponsors or endorses or is otherwise connected with your own activities, products and services or those of third parties.
-
"OPT-OUT" FOR SPECIAL NOTICES: Global Adventures may periodically make special offers or communications to Travelers. If you would not like to receive such offers or com-munications, you may ''Opt-Out'' at any time by checking the ''Opt-Out'' box that appears on the e-mail notices portion of the Site. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. By agreeing to these terms and conditions, you agree to Global Adventures’ use of your e-mail address to send you notices pertaining to Global Adventures, its products and services, the Site, and related topics.
-
INDEMNIFICATION: You hereby agree to indemnify, defend and hold harmless Global Ad-ventures and its owners, affiliates, officers, attorneys, employees, representatives, succes-sors, assigns, and third party suppliers, vendors, and distributors (collectively, the "Indemni-fied Parties") from and against any and all liability and costs incurred by any of the Indemni-fied Parties in connection with any claim arising out of any of the following:(i) any breach by the Traveler of any representations, warranties, covenants, or obligations contained in this Agreement; (ii) any claims by credit or charge card companies with respect to charges in-curred using the Traveler's User Name and Password; (iii) any unauthorized or fraudulent use of the Traveler's User Name and Password or a Traveler's credit or charge card num-ber in connection with the use of the Site; (iv) the use of the Site or the Service by the Trav-eler; or (v) the Traveler's violation of any rights of any person. You shall cooperate as fully as reasonably required in the defense of any claim. Global Adventures reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise sub-ject to indemnification by you and you shall not in any event settle any matter without the written consent of Global Adventures.
-
DISCLAIMER OF WARRANTY: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GLOBAL ADVENTURES MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR THE SERVICE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE BY GLOBAL ADVENTURES.
GLOBAL ADVENTURES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SERVICE, INCLUDING THE SERVER(S) ON WHICH THE SERVICE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEVERTHELESS, GLOBAL ADVENTURES WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SERVICE FREE OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVE X MALICIOUS CODE.
YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED ON THE SITE OR THROUGH THE SERVICE IS AT YOUR SOLE RISK. GLOBAL ADVENTURES RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SERVICE, OR TO DENY ACCESS TO THE SERVICE TO ANYONE AT ANY TIME.
YOU ACKNOWLEDGE AND AGREE THAT GLOBAL ADVENTURES IS NOT RESPONSIBLE FOR ANY MATERIALS POSTED BY USERS OF THE SERVICE. PRIOR TO MAKING ANY DECISIONS BASED ON INFORMATION POSTED ON THE SERVICE, YOU ARE ADVISED TO VERIFY THE INFORMATION. NEITHER GLOBAL ADVENTURES NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY ARISING FROM YOUR ACTS OR DECISIONS BASED UPON THE INFORMATION PROVIDED ON THE SERVICE.
-
LIMITATION OF LIABILITY: USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL GLOBAL ADVENTURES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR GLOBAL ADVENTURES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE SITE, EVEN IF GLOBAL ADVENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF GLOBAL ADVENTURES IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SERVICE.
YOU HEREBY RELEASE GLOBAL ADVENTURES AND ITS AGENTS AND AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. IF, NOTWITHSTANDING THE FOREGOING, GLOBAL ADVENTURES IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH ANY OF THE USES OF THE SITE OR THE SERVICES, THEN THE LIABILITY OF GLOBAL ADVENTURES OR ANY OF ITS AGENTS OR AFFILIATES SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE AMOUNT OF ANY FEES PREVIOUSLY PAID TO GLOBAL ADVENTURES FOR USE OF THE SERVICES. THIS PARAGRAPH SHALL APPLY TO CLAIMS BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORIES.
-
TERM AND TERMINATION. The term of this Agreement shall commence on your clicking "I ACCEPT" and shall continue in effect unless terminated by either Global Adventures or you. Traveler may terminate this agreement at any time by notifying Global Adventures via email to travelerSupport@seemyCity.com. Global Adventures may terminate this Agree-ment for any reason by providing the other party prior written notice via e-mail or posting on its site; provided that, Global Adventures may immediately terminate or suspend the Ser-vice upon written notice for Traveler’s violation of any term of this agreement or related pol-icy. Should this agreement be terminated for any reason, Global Adventures will not be li-able to Traveler for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, or for any other reason whatsoever arising from such termination. Upon termination of this Agreement, all licenses granted hereunder shall termi-nate. This agreement shall survive and remain in effect in accordance with its terms after the termination of this Agreement, except for those terms that would by their nature termi-nate, such as the right of a Traveler to continue use of the Site and/or Service.
-
TECHNICAL SUPPORT. Traveler is solely responsible for all service and technical issues. Global Adventures does not provide technical support. Traveler shall be responsible for es-tablishing its own Internet access for Traveler’s interaction with the Site, and for uploading and downloading Traveler Content. You are solely responsible for the adequacy and per-formance of all of your equipment and software. We are not responsible for troubleshooting, repairing, or configuring any of your equipment and software.
-
CHANGES TO SERVICE. Global Adventures has the right to modify, suspend or discon-tinue the Service or any portion thereof at any time, including the availability of any area of the Service. Global Adventures may also impose limits on certain features and services or restrict your access to parts or all of the Site or Service without notice or liability. We do not purposely change your messages, but we may edit or move messages and/or edit its title in the interest of clarity and coherence of the ongoing conversation and may mistakenly change the concept in that way.
-
ALLEGED VIOLATIONS. Global Adventures reserves the right to terminate your use of the Service and/or the Site. To ensure that Global Adventures provides a high quality experi-ence for you and for other users of the Site and the Service, you agree that Global Adven-tures or its representatives may access your account on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Global Adventures does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Global Adventures re-serves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Global Adventures believes that you have violated any of the Terms of Use, furnished Global Adventures with false or mislead-ing information, or interfered with use of the Site or the Service by others.
-
VIOLATIONS: If you see content that you believe violates these Terms of Use, please notify us at violations@seemyCity.com.
-
COPYRIGHT INFRINGEMENT. If you believe that your work has been copied and is ac-cessible on this Service in a way that constitutes copyright infringement, you may notify Global Adventures. Click here for instructions.
-
GENERAL PROVISIONS
-
GOVERNING LAW. This Agreement shall be governed and construed in accor-dance with the laws of the United States of America, State of California, without ref-erence to rules regarding conflicts of laws. Any dispute arising out of this Agreement shall be submitted to a state or federal court sitting in San Francisco, California which shall have the exclusive jurisdiction regarding the dispute and to whose juris-diction the parties irrevocably submit.
-
COMPLIANCE WITH LAWS. Each party shall comply with all applicable laws and regulations in the course of performing under this Agreement.
-
SEVERABILITY. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such provision shall be inter-preted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining provisions of this Agreement shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
-
HEADINGS. Headings used in this Agreement are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section or in any way affect this Agreement.
-
ASSIGNMENT AND SUBCONTRACTING. The parties’ rights and obligations shall bind and inure to the benefit of their respective successors and permitted assigns.
-
NOTICE. Except where provided otherwise, notices hereunder shall be in writing via e-mail. If to Traveler, such notice shall be sent to the e-mail address provided by Traveler when signing up for Services. If to Global Adventures, such notice shall be sent to notices@seemyCity.com.
-
WAIVER. A waiver of any right under any provision of this Agreement by either party hereunder shall be valid only if such waiver is in writing and signed by the party to be charged. No waiver of any right under any provision of this Agreement on any occasion shall be a waiver of any other right or under any other provision or on any other occasion. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act.
-
COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument.
-
ENTIRE AGREEMENT. This Agreement, together with the Privacy Policy, consti-tutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written communications with respect hereto, all of which are merged herein. Nei-ther party is relying upon any warranties, representations, assurances, or induce-ments not expressly set forth herein.