LICENSE AGREEMENT

 

By using the site https://tourreview.com operated by Viaja en tu Idioma SL, CIF: B88400528, Pasaje Bisbal 6 Floor 1, Madrid 28028 (“Company”, “Our,” “We”, or “Us”), our website (“Site”) or any services provided in connection therewith (“Services”) You (“You”) agree to abide by the terms of this License Agreement (“Terms”). These Terms may be amended from time to time at Our sole discretion.  

 

  1. BINDING EFFECT. This is a binding agreement. These Terms apply to every user that registers to use Company’s Site. Company will post a notice on the Site any time these Terms have been changed or otherwise updated. It is Your responsibility to review these Terms periodically, and if at any time You find these Terms unacceptable, You must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, OR ARE AT LEAST 13 YEARS OLD AND ARE USING AND ACCESSING THIS SITE WITH THE CONSENT OF YOUR PARENTS AND/OR LEGAL GUARDIANS. We reserve the right to refuse use of the Site to anyone and to reject, cancel, interrupt, remove or suspend the availability of the Site at any time for any reason without liability.
  2. USE OF SITE AND SERVICE. You are granted a limited, non-exclusive, non-transferrable, non-assignable, non-sublicensable, and revocable license to use the Site and Services by Company  except where prohibited by applicable laws. Company does not transfer, assign, convey, or in any way alter its right and ownership in the intellectual property rights of the Sites to You in any respect. All trademarks, trade names, marks, brands, logos, and other intellectual property relating to the Site and all content located thereupon including the Content authored by you are owned by Company and You may not copy or use them in any manner except as otherwise specifically authorized.  You are not permitted to make derivative works of, commercialize, exploit, or monetize the Site nor seek to obtain or enforce any intellectual property registrations of the Site.

 

    • 2.1 Review Platform. Company provides its platform and Site to permit clients (“Clients”) who are tour operators a platform enabling them to consolidate customer reviews across various online platforms into a comprehensive dashboard permitting the Clients to assess, respond, and improve consumer satisfaction. You are not permitted to use reviews from other agencies and operators to publish them. Lawful use of the Site is your responsibility.

 

    • 2.2 Verification of Accounts. Your Account will be subject to verification, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Company. You authorize Company, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your business, email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes providing official government or legal documents, and cooperating with other reasonable requests we make to verify your identity. During verification some Account features may be temporarily limited but will be restored if verification is successfully completed.

 

    • 2.3 Term. Your Account will begin on your subscription to the service of Company and will continue until terminated by either party. All of the rights and obligations that customarily extend beyond the Term (including but not limited to intellectual property and other licenses, warranties, representations, compensation, indemnity obligations, confidentiality obligations, etc.) shall continue in perpetuity notwithstanding any termination or expiration of this Agreement.

 

    • 2.4 License Fees; Free Trial Period; Renewals. Company will permit a seven day free trial of its Site and Services and thereafter in order to continue using the Site and Services You must purchase a monthly subscription package to be billed automatically in order to continue using the Site and Services. Company’s subscription packages and associated fees are described here: https://tourreview.com/prices/ and may be amended from time to time. Company requires form of payment to be provided at the time the seven day free trial commences.  Renewals will be automatically billed to the form of payment provided by You on a monthly billing cycle. You authorizes Company  to run credit card authorizations on all credit cards provided by You, to store credit card and banking or other financial details as Your method of payment and to charge Your credit card for all fees necessary to use the Site and/or Service. You acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information. By providing Payment Method information through the Site or by authorizing payments with the Payment Method, You represent that: (a) You are legally authorized to provide such information; (b) You are legally authorized to make payments using the Payment Method(s); (c) if You are an employee or agent of a company or person that owns the Payment Method, that You are authorized by the company or person to use the Payment Method to make payments on Company; and (d) such actions do not violate the terms and conditions applicable to Your use of such Payment Method(s) or applicable law.

 

    • 2.5 Promotional Codes. All promotional codes must be supplied at the time your Account and use of the Site is first established. Promotional codes cannot be applied retroactively.

 

    • 2.6 Cancellations; Refunds; Pro-rations. You may cancel your Account with the Company at any time using the cancellation features provided by the Site which will terminate your membership/subscription package with the Company to be able to access the Site and Services provided by Company. Due to the nature of the services being provided by Company no refunds are possible and no prorations of monthly charges are permitted in the event you cancel your Account prior to the end of a monthly billing cycle.

 

    • 2.7 Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation:

a) copying, renting, leasing, selling, redistributing, reproducing, the Site, nor any component thereof;

b) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access;

c) 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;

d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”

e) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

f) 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

g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce, underlying ideas, or algorithms, or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site;

h) taking any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;

i) interfering or attempt to interfere with the proper working of the Service or any activities conducted on the Service;

j) bypassing any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);

k) running Mail-list, Listserv, or any form of auto-responder or “spam” on the Service;

l) using manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; and/or

m) collecting any participants’ personal, contact, demographic, or other information.

Any violation of system or network security may subject You to civil and/or criminal liability.

  1. LAW ENFORCEMENT. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws. We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service or the Site when requested.
  2. DMCA and COPYRIGHT INFRINGEMENT.

4.1 ALLEGED VIOLATIONS. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention.

If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want Company to delete, edit, or disable the material in question, whether in connection with the Digital Millennium Copyright Act of 1998 (DMCA), You must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to Company’s designated agent by mail and email at:  ____@tourreview.com.  

 UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

4.2 COUNTER-NOTICE. If You believe that Your material has been removed or disabled by mistake or misidentification, You may file a written counter-notice with the Designated Agent, including the following information (“Counter-Notice“) within 5 business days from Your receipt of Our notice of infringement: a) a physical or electronic signature of the owner or authorized user of material; b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; c) a statement made under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and d) Your name, address, telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, and that You will accept service of process from the Complainant or an agent of such person.  If You fail to provide required information or follow this process, You may waive Your rights. If You have any questions regarding Your legal rights and legal obligations, You should consult with an attorney.

  1. ALLEGED VIOLATIONS. Company reserves the right to terminate Your use of the Service and/or the Site.  You agree that Company or its representatives may access Your account and records 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.  Company reserves the right to terminate Your access to the Site immediately, with or without notice to You, and without liability to You, if Company believes that You have violated any of the Terms, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
  2. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. The Company, and its directors, officers, members, managers, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Site 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 Site is free of viruses or other harmful components; or (d) the results of using the Site will meet Your requirements. Your use of the Site is solely at Your own risk. The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Your use of the Site.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES ARE AT YOUR OWN RISK. WE SPECIFICALLY DO NOT WARRANT THAT THE CONTENT ON THE SITE IS ACCURATE, RELIABLE OR CORRECT. YOU EXPRESSLY WAIVE AND RELEASE US FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES YOU ENCOUNTER THROUGH USE OF THE SITE, SERVICES OR APPLICATIONS. WE DISCLAIM ALL LIABILITY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ACTS WHICH CAUSE PERSONAL INJURY, PROPERTY DAMAGE, DEATH, THEFT, DEFAMATION, DISPARAGEMENT, DISCRIMINATION, BREACH OR INTERFERENCE WITH A THIRD-PARTY CONTRACT, OR MISREPRESENTATION. YOU ACKNOWLEDGE THAT WE OWE NO DUTY OF CARE TO YOU AND WE  DISCLAIM ANY AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR BREACH OF SUCH A DUTY. WE EXERCISE NO CONTROL OVER USER CONTENT AND WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM THE ACTS OR OMISSIONS OF US OR ANY THIRD PARTIES. WE  DISCLAIM ALL LIABILITIES AND ASSUME NO RESPONSIBILITY OR LIABILITY FOR LOSSES OR DAMAGES RESULTING FROM DISCLOSURE OF YOUR PERSONAL OR CONFIDENTIAL INFORMATION WHETHER BY US OR ANY THIRD PARTIES. WE  DISCLAIM ALL LIABILITIES ARISING OUT OF ANY THIRD PARTY’S ACTS OR OMISSIONS, OF EVERY KIND AND NATURE, WHETHER FORSEEABLE OR NOT.

  1. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER SERVICES PROVIDED TO YOU BY OR THROUGH COMPANY, exceeding ten dollars ($10.00.) This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
  2. RELEASE. IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SITE AND SERVICE, YOU HEREBY AGREE TO RELEASE COMPANY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, CO-BRANDERS, OTHER PARTNERS, EMPLOYEES, AND ALL LICENSEES AND DESIGNEES OF COMPANY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ALL CONTENT PROVIDED RELATING THERETO.

IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CIVIL CODE 1542 AND ANY OTHER SIMILAR LAW OR STATUTE OF ANY OTHER STATE, WHICH SAYS, IN SUBSTANCE:

“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.”

 

  1. ECPA NOTICE. Pursuant to the Electronic Communications Privacy Act (18 U.S.C. §§ 2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Your use of the Service.
  2. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose websites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with Your use of the Site, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern Your use of any and all third party content in connection with, arising out of, or relating to the Site.
  3. INDEMNITY. You agree to indemnify Company for certain of Your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Site, Your violation of these Terms, or Your infringement of any intellectual property or other right of any person or entity and all violations of state, federal, local, or foreign law caused by or arising out of Your acts or omissions. Company will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable cooperation, at Your expense, in defending any such claim, loss, liability, damage, or cost.
  4. COPYRIGHT. All contents of Site are copyrighted to Company. All rights are reserved.
  5. TRADEMARKS. The trademarks, service marks, and logos of Company (the “Company Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Company. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with Company Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Company specific for each such use. The Trademarks may not be used to disparage Company, any third party or Company’s or third party’s products or services, or in any manner (in Company’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Company approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Company Trademark shall inure  
  6. NOTIFICATION. You agree that We may provide notifications to You via email, written or hard copy notice, or through conspicuous posting of such notice on Our Site. You may opt out of certain means of notification or to receive certain notifications.
  7. JURISDICTION. By using this Site, and/or registering with the Site, You consent to the personal jurisdiction over You by Spain and waive all defenses asserting improper service, lack of personal jurisdiction, forum non conveniens, or any similar defense that challenges the personal jurisdiction of Spain over You.
  1. CHOICE OF LAW. These Terms shall be construed in accordance with and governed by the laws of Spain, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of Spain in all disputes arising out of or related to the use of the Site.
  2. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  3. NO LICENSE. Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
  4. JURISDICTIONAL LIMITATIONS. Company makes no representation that any of the materials or the services to which You have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.
  5. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site and/or the Service; and (c) discontinue the Site at any time. Company shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, You shall abide by any such revisions.
  6. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.