The Tourbuildr service (“Service”) is offered by TET Travel Expert Technologies GmbH („Company“), registered in Germany under the commercial registration number HRB 147688 B with its registered office at Bluecherstr. 22, 10961 Berlin, Germany, to provide businesses (“Subscribers”) and individuals (“User”) with an online tool for the planning, organization and calculation of taylor made tours.
The Service includes the website at www.tourbuildr.com ("Site") and incorporates any related website controlled by Company including without limitation e.g. www.trip.me. The Company may change the Service from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Service.
The Service is available only to Users who are human (not bots, except for certain authorized API users) and 18 years of age or older, and Users who are also Subscribers must be at least 18 years old. The Service is available only to Users who submit truthful and accurate information about themselves and maintain the accuracy of such information.
The Service is available only to Users who do not impersonate any person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Site. The Service is available only to those with a valid email address. The Service is available only to those who agree not to authorize others to use their account, profile, or messages.
Users agree to inform Company immediately upon learning of a security breach that relates to their account or a third party’s improper use of the Service in connection with their account.
For purposes of this Agreement, a User who pays for any portion of the Site or Service shall be referred to as a "Subscriber". As a Subscriber, you must agree to the payment terms presented to you at the time you sign up on the Site.
Subscribers are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You might not receive further notice of your renewal after signing up for an account or subscription, and must visit your Subscription and Billing page to find out when your account or subscription is set to renew. Subscriptions recur either monthly or annually, depending upon the renewal term you choose during the sign up process.
You are responsible to ensure that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use it. If the Company cannot charge your credit card, we may cancel your subscription and you may lose access to the Service and any data associated with your subscription.
Invoiced Subscriptions. Some accounts can be paid for via invoicing with mutual agreement between the parties. There may be extra fees associated with invoiced accounts. If the Company has agreed to enter into an invoicing relationship with you, all invoices must be paid within 30 days. You agree that the Company may charge interest of 1.5% per month for past due accounts and that you are liable for attorneys' fees and reasonable collection costs arising from Company's efforts to collect on past due amounts.
Cancellation. For security reasons, an email or phone call to the Company is not sufficient to cancel your account or subscription, which you may cancel at any time by selecting the cancel button on your Subscription and Billing page. Cancellation does not entitle you to a refund. You will continue to have access to the Site and Service until the end of your subscription term.
No Refunds. Company is not obligated to provide you a refund at any time. If you choose to cancel your account during your subscription term, you will not be refunded in whole or in part. If you choose to downgrade your membership level during your subscription term, you may be entitled to a pay a lower, pro-rated amount at renewal, but you are not entitled to a cash refund at any time.
Any information, profiles, data, customer data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a User uploads, publishes or displays on the Site or in connection with the Service, whether publicly posted or privately transmitted shall be referred to herein as "User Generated Content".
Users assume legal responsibility for all User Generated Content.
Users agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting, transmission or sharing of any User Generated Content via the Site or Service. Users agree not to post, transmit, or share User Generated Content on the Site or Service that User does not have permission to post, transmit or share.
Users agree that in case a User uploads any third party’s personal data (e.g. the travelers personal data) to the Site and/or Service the User ensures that the User is entitled to transfer such personal data to Tourbuildr and the relevant third parties have been informed of, and have given their consent to such use, processing and transfer related to Company’s applicable data protection legislation.
Tourbuildr assumes no obligation to and does not routinely pre-screen User Generated Content posted via the Site or in connection with the Service. Company does not guarantee the accuracy, integrity, appropriateness, quality, or validity of User Generated Content. User Generated Content does not necessarily represent the views or opinions of TET and under no circumstances will TET be liable in any way for any User Generated Content, including without limitation any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Site.
Company does not claim ownership of User Generated Content and subject to the rights granted to Company in this TOU, you retain full ownership of all of User Generated Content to the extent you would otherwise have intellectual property rights or other proprietary rights associated with it. When you post User Generated Content to the Site and/or Service, you authorize and direct Company to make such copies as Company deems necessary to facilitate the posting and storage of User Generated Content on the Site and provide the Service to you. Your further authorize Company to anonymize and aggregate User Generated Content, including data associated with your social media profiles, and use it, by way of example, for benchmarking, research and development, data products, or other marketing purposes. By choosing to post, upload, or transmit data to the Site and/or Service, you grant the Company, its affiliates and partners an irrevocable, perpetual, world-wide, royalty free, non-exclusive license (with the right to sub-license) to use anonymized and aggregated User Generated Content, in all present and future media, and in any manner relating to the Site and/or Service.
In addition, with respect to User Generated Content that you elect to post or transmit on the community portions of the Site ("Interactive Content"), including your User Profile, the Blog, and the Q&A service, and any other future Company sites or services that are designed to be viewed by the public or other Subscribers, you agree to grant to Company, its affiliates and partners an irrevocable, perpetual, world- wide, royalty free, non-exclusive, transferable license (with the right to sublicense) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such Interactive Content, in whole or in part, in all present and future media and in any manner relating to the Site or Service (including, without limitation, in connection with the appearance of such Interactive Content on Tourbuildr and on the sites of our affiliates, partners and others with whom Company may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that Company is free to use any ideas, know-how, concepts, techniques or other materials implied by Interactive Content.
You may remove Interactive Content from the Site at any time. If you choose to remove Interactive Content, any license granted above for the content shared by on you on the community portions of the Site will remain in effect and you acknowledge that Company may retain archived copies.
Company may establish limits concerning use of the Site and/or Service at its discretion, including by way of example the frequency with which you may access the Service or your ability to post User Generated Content. Company reserves the right to modify or discontinue the Site and/or Service (or any part or feature thereof) at any time without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Beta Services. From time to time, Company may add new features to the Site and/or Services that may be described as "beta" services or features (collectively, "Beta Features"). Beta Features will be considered part of the Service and all provisions of this Agreement relating to the Service will apply to the Beta Features. Users and Subscribers acknowledge that Beta Features may be untested, non-functional, and/or partially functional features of the Service.
If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, Company disclaims any and all warranties associated with any Beta Feature. Any risk that Beta Features may harm or interrupt the regular running your software or hardware is borne entirely by Users.
Company owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site and/or Service ("Tourbuildr Content"). Tourbuildr Content excludes User Generated Content.
Company also owns the copyrights and other intellectual property and proprietary rights throughout the world associated with the Tourbuildr Content, the Site and Service, which are protected by applicable intellectual and proprietary rights and laws.
Tourbuildr Content may also contain data and information of all kinds, which are protected by trademark and / or copyright law (e.g. trademark rights, copyrights, design rights and photo rights) for the benefit of third parties. It is therefore, not allowed, to use the service outside of the corporation's specified limitations or without prior consent from tourbuildr.com (e. g. publishing, duplicating or distributing).
The User does not have the right to use legally protected contents or material in any way, outside of the specified use of service as specified in these Terms and Conditions. In particular, it is forbidden to download any photos from tourbuildr.com with the intent to use these photos for a purpose that is not related with the Tourbuildr Site and Service.
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please immediately notify Company at firstname.lastname@example.org.
You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Service that you claim is infringing with enough detail so that Conpany may locate it; provide a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and email address; and your physical or electronic signature.
Upon receipt of notice as described above, Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service or termination of the posting account.
Company provides the Service "as-is". Company provides no express warranties, guarantees, or conditions related to the Site and/or Service. To the extent permitted by law, Company disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, Company does not warrant that the Site and/or Service will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User or Subscriber. Users may have additional rights as a consumer under local law that this Agreement cannot change.
You acknowledge that Company cannot provide the Service at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the Site and/or Service, you agree to limit Company's potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the bargain between Company and you as a User.
Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will Company or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Users.
To the extent permitted by applicable law, Company shall not be liable for any consequential, special, or incidental damages or lost profits resulting from your access to or use of the Site and/or Service, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. This includes your inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Service or any part thereof) the Site or Service. Without limiting the foregoing, you specifically acknowledge that Company is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you.
These limitations apply to any matter related to the Site, Service or the Tourbuildr Content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or even if Company knew or should have known about the possibility of the damages.
Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.
As a consequence of the global nature of the Internet, you agree to comply with Company’s local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from Germany or the country in which you reside.
Electronic Form. By accessing the Site or Service, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.
Notices. If Company must send you additional information regarding the Site or Service or in connection with this Agreement, you consent to receiving this information electronically. Company may provide required information to you by email at any address you registered with the Site or Service or via the Site or Service itself. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. Company is not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.
Forum and Jurisdiction. This Agreement is governed by the laws of Berlin, Germany, without regard to its conflict of law provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Berlin, Germany; to which jurisdiction and venue you and Company each irrevocably consent.
Additional Rights and Obligations. If any provision of this TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or effect that party’s rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. Company may assign rights or delegate duties under this TOU in connection with a merger, reorganization, or sale of substantially all of its assets. This TOU will bind successors and permitted assigns.
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