Statement of Rights and Responsibilities
Date of Last Revision: June 24, 2014.
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") of Free Tour Advisor (FTA), describes the terms of service that governs our relationship with users and others who interact with FTA. By using or accessing FTA, you agree to this Statement, as updated from time to time in accordance with Section 10 below.
1. Sharing Your Content and Information
You own all of the content and information you post on FTA. In addition:
1.1. For content that is covered by intellectual property (IP) rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with FTA (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
1.2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies (but will not be available to others).
1.3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
1.4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of FTA, to access and use that information, and to associate it with you (i.e., your name and profile picture).
1.5. We always appreciate your feedback or other suggestions about FTA, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep FTA safe, but we cannot guarantee it. We need your help to keep FTA safe, which includes the following commitments by you:
2.1. You will not post unauthorized commercial communications (such as spam) on FTA.
2.2. You will not collect users' content or information, or otherwise access FTA, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
2.3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on FTA.
2.4. You will not upload viruses or other malicious code.
2.5. You will not solicit login information or access an account belonging to someone else.
2.6. You will not bully, intimidate, or harass any user.
2.7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
2.8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
2.9. You will not use FTA to do anything unlawful, misleading, malicious, or discriminatory.
2.10. You will not do anything that could disable, overburden, or impair the proper working or appearance of FTA, such as a denial of service attack or interference with page rendering or other FTA functionality.
2.11. You will not facilitate or encourage any violations of this Statement or our policies.
3. Registration and Account Security
FTA users may provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account:
3.1. You will not provide any false personal information on FTA, or create an account for anyone other than yourself without permission.
3.2. If we disable your account, you will not create another one without our permission.
3.3. You will not use FTA if you are a convicted sex offender.
3.4. You will keep your contact information accurate and up-to-date.
3.5. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
3.6. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
3.7. If you select a username or similar identifier for your account or page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
4. About Tours Published on FTA
4.1. You are responsible for the content of the tours that you create on FTA. We are not responsible if it violates someone else's rights or otherwise violates the law.
4.2. Be aware that in some places you may be required to own a tourist guide license to operate as a guide.
4.3. We can remove any tours that you create on FTA if we believe that it violates this Statement, our policies, someone else's rights, or violates the law.
4.4. We are not responsible if any accidents, injuries, or damages occurred during the tours.
4.5. The user that posted the tour is the one responsible for managing and providing the tour, not FTA.
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
5.1. You will not post content or take any action on FTA that infringes or violates someone else's rights or otherwise violates the law.
5.2. We can remove any content or information you post on FTA if we believe that it violates this Statement or our policies.
5.3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5.4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5.5. You will not use our copyrights or trademarks (including the FTA name, and FTA Logos), or any confusingly similar marks, except as expressly permitted with our prior written permission.
5.7. You will not post anyone's identification documents or sensitive financial information on FTA.
6. Special Provisions Applicable to Social Plugins
If you include our Social Plugins, such as the Share or Like buttons on your website, the following additional terms apply to you:
6.1. We give you permission to use FTA Social Plugins so that users can post links or content from your website on FTA.
6.2. You give us permission to use and allow others to use such links and content on FTA.
6.3. You will not place a Social Plugin on any page containing content that would violate this Statement if posted on FTA.
7. About Advertisements and Other Commercial Content Served or Enhanced by FTA
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
7.1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
8. Special Provisions Applicable to Advertisers
You can target your desired audience by buying ads on FTA or our publisher network. The following additional terms apply to you:
8.1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
8.2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
8.3. We will determine the size, placement, and positioning of your ads.
8.4. We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get.
8.5. We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
8.6. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for all ads that run.
8.7. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
8.8. We can use your ads and related content and information for marketing or promotional purposes.
8.9. You will not issue any press release or make public statements about your relationship with FTA without our prior written permission.
8.10. We may reject or remove any ad for any reason.
8.11. If you are placing ads on someone else's behalf, you must have permission to place those ads, including the following:
8.11.1. You warrant that you have the legal authority to bind the advertiser to this Statement.
8.11.2. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
9. Special Provisions Applicable to Software
9.1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
9.2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
10.1. If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the FTA web site.
10.2. Your continued use of FTA following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of FTA to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
12.1. If anyone brings a claim against us related to your actions, content or information on FTA, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on FTA and are not responsible for the content or information users transmit or share on FTA. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on FTA. We are not responsible for the conduct, whether online or offline, or any user of FTA.
12.2. We try to keep FTA up, bug-free, and safe, but you use it at your own risk. We are providing FTA as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that FTA will always be safe, secure or error-free or that FTA will always function without disruptions, delays or imperfections. FTA is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident, you waive California civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or FTA, even if we have been advised of the possibility of such damages.
13.1. By FTA (Free Tour Advisor) we mean the features and services we make available, including through (a) our website at freetouradvisor.com and any other FTA branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
13.2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from FTA or provide data to us.
13.3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with FTA.
13.4. By "content" we mean anything you or other users post on FTA that would not be included in the definition of information.
13.5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from FTA or provide to FTA through Platform.
13.6. By "post" we mean post on FTA or otherwise make available by using FTA.
13.7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
13.8. By "active registered user" we mean a user who has logged into FTA at least once in the previous 10 days.
13.9. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
14.1. This Statement makes up the entire agreement between the parties regarding FTA, and supersedes any prior agreements.
14.2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
14.3. If we fail to enforce any of this Statement, it will not be considered a waiver.
14.4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
14.5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
14.6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
14.7. Nothing in this Statement shall prevent us from complying with the law.
14.8. This Statement does not confer any third party beneficiary rights.
14.9. We reserve all rights not expressly granted to you.
14.10. You will comply with all applicable laws when using or accessing FTA.
Statement of Rights and Responsibilities