This application uses the foursquare® application programming interface but is not endorsed or certified by Foursquare Labs, Inc. All of the foursquare® logos (including all badges) and trademarks displayed on this application are the property of Foursquare Labs, Inc.
This application uses the Instagram(tm) API and is not endorsed or certified by Instagram or Burbn, inc. All Instagram(tm) logos and trademarks displayed on this application are property of Burbn, inc.
All of the logos and trademarks included in this application are the property of their rights holders and are used with their consent. Their use is not an indication of endorsement or certification.
Acceptance of Terms.
We reserve the right, in our sole discretion, to revoke or suspend your membership in and/or access to the Site, at any time without notification or liability to you or any other person, and for any reason or for no reason at all. While we retain the right to revoke or suspend your access to the Site, Company shall have no responsibility to exercise it or to moderate disputes between members.
The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Privacy and Privacy Settings.
Through the Service, you can upload, submit, disclose, distribute or otherwise post content and information to the Service, including without limitation data, text, personal information, trip information, articles, comments and other types of information ("User Submissions"). Please remember that if you choose to provide personal information, others reading it may use or disclose it to other individuals or entities without your knowledge. Therefore, we urge you to think carefully about including any personal information about you or your family in postings.
Rules and Conduct.
Company respects the privacy and well being of all our users, and we ask you to be a thoughtful member of the Site and report suspected misrepresentation. We reserve the right to terminate the accounts of anyone we believe to have provided false information or other misrepresentations accounts and delete their User Submissions. However, we may retain any information they have submitted for our records.
You are responsible for all of your activity in connection with the Service. In addition, you may not use the Service for any illegal or unauthorized purpose.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, harmful, vulgar, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, offensive, profane or racially, ethnically or otherwise objectionable;
- harms minors or any member of the Company Community in any way;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the service;
- involves uploading, posting, emailing, transmitting or otherwise making available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information, or anything learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
- involves uploading, posting, emailing, transmitting or otherwise making available any Content that advocates the violation of any local, state, federal, or international law;
- attempts to reformat, redesign, alter, or prevent the display of information or advertising, or attempts to otherwise change the appearance of the Site;
- involves submitting materials owned by or concerning a third party without that party's consent, or redirecting to those materials without consent, or infringing upon any and all rights held by such third party over any such materials;
- involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
- either (1) impersonates any person or entity, or (2) falsely states or otherwise misrepresents your affiliation with any person.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any privacy settings or measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site. You shall not (directly or indirectly): (x) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (y) modify, translate, or otherwise create derivative works of any part of the Service, or (z) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Fees and Payment.
Company reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Third Party Sites.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. Company is not responsible for and does not endorse any such third-party content or services. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators, or any third-party service providers, products, services, opinions, or websites accessed through the Service. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Company Site Content.
Company operates the Site as an online networking service for travel planning and sharing. Company is not a party to any transaction between users or between users and any travel booking service.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.
You may, to the extent the Site expressly authorized you to do so, download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Company grants you a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Site and/or Services and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Use, reproduction, modification, distribution, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.
If you violate any of these provisions regarding the Intellectual Property, your permission to use the Intellectual Property automatically terminates and you must immediately destroy any copies you have made of any portion of the Intellectual Property. You agree that because of the unique nature of the Company Community and it's Content, and the proprietary rights of Company, your breach of these provisions would irreparably harm Company or its licensors and that monetary damages would be inadequate compensation. You further agree that in the event of any actual or threatened breach of this section, Company shall be entitled to preliminary and permanent injunctive relief, in addition to damages, and you hereby waive any objection in such case to an adequate remedy at law.
By posting, submitting, displaying, publishing or otherwise making available any User Submissions on or at any of the Site or otherwise through the Service, you:
- represent and warrant (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Company (including without limitation, publishing any Content on the Company Community) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity and (b) that you are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service;
- agree to pay all royalties and other amounts owed to any person or entity due to your Use of any User Submissions on the Service; and
- understand that Company shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Company has no obligation to monitor the Site, Service, Content, or User Submissions. Company may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.
Company makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content accessed through the Site. By using the Service, you agree that Company does not endorse and shall not be liable for (a) any Content, (b) any person's reliance on any such Content, whether or not correct, current and complete, or (c) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK. NEITHER COMPANY NOR ANY OF ITS WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY, SAFETY, SECURITY, RELIABILITY OR TIMELINESS OF ANY TRIPS OR RIDE SHARES YOU MAY TAKE OR TRANSPORTATION YOU MAY USE AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFOR, OR ANY HARM, INJURY, DAMAGE OR LOSS YOU MAY SUFFER.
NONE OF THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES SHOULD BE INTERPRETED AS TRANSPORTATION ADVICE OR AS AN ENDORSEMENT OF ANY MEANS OF TRANSPORTATION OR OF ANY USER OF THE SITE. YOU BEAR SOLE RESPONSIBILITY FOR ALL DECISIONS AND RESULTS BASED ON YOUR USE OR RELIANCE ON SUCH INFORMATION.
Limitation of Liability.
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, 0R PARTNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Integration and Severability.
Digital Millennium Copyright Act Notice.
Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Company's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the Company website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: Agam Patel, 1608 N Milwaukee Ste 507, Chicago, IL 60647 email@example.com
It is Company's policy:
- to remove or disable access to the infringing Content;
- to notify the Content provider, member or user that it has removed or disabled access to the Content; and
- that repeat offenders will have the infringing Content removed from the system and that Company will terminate such content provider's, member's or user's access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider, member or user;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Designated Agent, Company's may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact Company's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement: Agam Patel, 1608 N Milwaukee Ste 507, Chicago, IL 60647 firstname.lastname@example.org
If you have any comments or questions regarding the Company Community, or you want to report a malfunction or problem, please email email@example.com or send us snail mail to our postal address of Cloudbot, INC 1608 N Milwaukee Ave Ste 507 Chicago, IL 60647 Attn: User Care. We will try our best to respond to you quickly, but cannot always do so due to the volume of requests.
Effective Date: February, 24th 2012