Terms of Service
Effective Date: May 17, 2013.
You may be accessing and using the Services as (i) a Traveler, (ii) a Local or (iii) a member of the general public simply using the functionality, and/or reviewing the content, that is publicly available on the Website. Buggl hereby grants to you, subject to the Terms of Service set forth herein, a nontransferable, non-sublicensable, non-exclusive, limited right to access and use the Services solely for the uses provided for herein and subject to the policies and restrictions that we post on our Website from time to time. Certain of our Services are reserved for registered Users.
The Services include an online e-marketplace for connecting Users who seek travel information (such User, a "Traveler") about a destination(s) from Users with locale-specific travel information or suggestions (such User, a "Local") and who make such information available in a travel guide (each a "Travel Guide") that may be purchased through our Services. The Services can be used to facilitate the listing and purchasing of Travel Guides. Listings of the Travel Guides are viewable and searchable through the Services. A Travel Guide may include written materials, photos, maps and other travel media as created by the Local. As independent contractors, the Locals listed on our Services choose the topic and content of their Travel Guide. A Local may submit a Travel Guide for posting on the Services by submitting a listing ("Listing") consistent with the policies set forth by Buggl on the Website from time to time. The Services may enable Travelers to post ratings and reviews regarding particular Travel Guides or Locals (each, a "Review") in Public Areas (as defined below) on the Service from time to time. You are responsible for selecting the right Travel Guide for your needs.
2. Scope of Service.
You are responsible for obtaining any equipment and Internet service necessary to accessing our Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or services. You acknowledge that the Website and any mobile applications are evolving and that the form and nature of the Website or mobile applications, including the Services, may change from time to time without notice to you.
If you are using the Services in your capacity as an employee, you must have the ability to bind your employer by your use of the Services.
3. Buggl is Only a Platform.
THE SERVICES INCLUDE A PLATFORM FOR TRAVELERS TO FIND TRAVEL GUIDES WRITTEN BY LOCALS FOR VARIOUS DESTINATIONS, ACTIVITIES AND OTHER TOPICS. BUGGL DOES NOT TAKE PART IN THE INTERACTION BETWEEN TRAVELERS AND LOCALS OTHER THAN PROVIDING THE PLATFORM FOR TRAVELERS TO FIND AND PURCHASE TRAVEL GUIDES PROVIDED BY LOCALS. BUGGL MAKES NO REPRESENTATIONS ABOUT THE LEGALITY, SUITABILITY, APPROPRIATENESS, OR ACCURACY OF THE TRAVEL GUIDES OR CONTENT REQUESTED OR PROVIDED BY USERS THROUGH THE SERVICES. BUGGL DOES NOT MONITOR OR CONTROL TRAVEL GUIDES, ANY REVIEWS PROVIDED BY USERS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY USER. BUGGL CANNOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE, THOUGH BUGGL MAY CONDUCT BACKGROUND CHECKS ON LOCALS FROM TIME TO TIME.
BEFORE PURCHASING A TRAVEL GUIDE, YOU SHOULD REVIEW AND INVESTIGATE EACH LOCAL'S PROFILE AND SELF-REPORTED CREDENTIALS, AS WELL AS REVIEWS FROM OTHER USERS REGARDING THE LOCAL AND THE APPLICABLE TRAVEL GUIDE. WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH LOCAL ON OUR WEBSITE IS WHO THEY SAY THEY ARE, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF LOCALS AND THE INFORMATION THEY PROVIDE VIA OUR SERVICES. BUGGL DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR LOCAL. BUGGL DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY LOCAL'S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE. WHEN INTERACTING WITH OTHER USERS YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON'T KNOW. NEITHER BUGGL NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. BUGGL AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
BY ENABLING USERS TO PURCHASE TRAVEL GUIDES FROM OUR SERVICES THAT MAY CONTAIN INFORMATION REGARDING TRAVEL TO CERTAIN DESTINATIONS (ESPECIALLY INTERNATIONAL DESTINATIONS), OR ABOUT CERTAIN ACTIVITIES, BUGGL DOES NOT ENDORSE, REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS, OR ENGAGING IN SUCH ACTIVITIES IS ADVISABLE OR WITHOUT RISK; BUGGL IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM USER'S RELIANCE ON ANY SUCH INFORMATION OR USER'S TRAVEL TO SUCH DESTINATIONS OR USER'S ENGAGING IN SUCH ACTIVITIES.
4. Disputes; Release.
Buggl expressly disclaims any liability or claims that may arise between Users of our Services. You are solely responsible for your interactions with all other Users and any disputes that arise from those interactions with other Users. Buggl may monitor disputes between Users, but is not obligated to monitor, mediate, or resolve such disputes.
Because Buggl is not responsible for or involved in any contact between Travelers and Locals or in the assessment or provision of Travel Guides, in the event that you have a dispute with one or more Users, you hereby release Buggl (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
If you are a California resident, you waive California Civil Code Section 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."
5. Transactions and Our Fees.
- Purchase of Travel Guides. Buggl is the provider of the Services, which permits registered Users to purchase Travel Guides for end user use only under the terms and conditions set forth in these Terms of Service. You agree that you will pay for all Travel Guides and other products or services that you purchase through our Website or our Services, and that Buggl may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials (as defined below). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING BUGGL WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR WEBSITE FROM TIME TO TIME. Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. If a Travel Guide or other product becomes unavailable following a transaction but prior to download, your sole remedy is a refund in accordance with the timeframes and rules as set forth on the Website from time to time. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Buggl.
- Purchases Only Through our Services. All Users agree that they will not sell or buy the Travel Guides available on our Website from the Local or other third party other than as permitted through our Services. For clarity, Users are permitted to purchase certain Travel Guides from Buggl's authorized third-party resellers as Buggl makes such Travel Guides available for purchase through such authorized third party resellers.
- Refunds. Other than an expressly set forth on our Website as updated from time to time, Buggl has no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Buggl, in each case in Buggl's sole discretion. For any refund guarantee promotion set forth on the Website by Buggl, such refund policy will only apply for Travel Guides for which a User notifies Buggl about in writing regarding the reason for User's dissatisfaction with such Travel Guide within 48 hours after purchase of such Travel Guide.
6. Access and Use Terms.
- Profiles. Upon registering for our Services, a user profile may automatically be created for you. Buggl is not responsible for any personal information you choose to share within your profile.
- Local-Specific Representations. If you utilize the Services as a Local,
- You represent and warrant that the information that you provide is accurate, complete, and up to date information as requested on the screens that collect information from you;
- You represent and warrant that for each Travel Guide and Listing you provide to Buggl, you have the right to provide all content contained in such Travel Guides and Listings for the purposes contemplated in these Terms of Service;
- You represent and warrant that you have the right to grant the licenses granted under this Agreement including, without limitation, that you have the authority to agree to these terms on behalf of the entity who controls the applicable rights to each Travel Guide.
- You represent and warrant that you will keep all your Listings up to date on the Website by notifying Buggl of any changes that would affect the accuracy of such Listings; and
- You represent and warrant that you will not sell or distribute a Travel Guide or any content contained therein to any third party other than through our Services except as permitted in Section 21 of these Terms of Service below.
- You represent and warrant that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to Buggl; fail to deliver payment for items purchased by you.
- Traveler-Specific Representations. If you utilize the Website as a Traveler,
- You represent and warrant that the information that you provide is accurate, complete, and up to date information as requested on the screens that collect information from you; and
- You represent and warrant that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to Buggl; fail to deliver payment for items purchased by you.
- Acknowledgement to Receive Email. As a registered user of Buggl, you agree to receive emails promoting any special offer(s). We may from time to time send you our newsletter with information about upcoming events, special promotions, and product and service offerings from us and our partners. You may opt-out from receiving special promotions or our newsletter by emailing firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
7. Website Content.
Users have a personal, non-transferable, non-exclusive right to access and use the Content (including Travel Guides purchased by such Users) of this Website subject to these Terms of Service. The term "Content" means all information, text, images, data, links, software, Reviews, Listings, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
The Content (including Travel Guides) may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and Content (including Travel Guides), descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content (including Travel Guides that you purchase) that is available to you on this Website or through the Services, subject to the following conditions:
- The Content (including Travel Guides that you purchase) may be used solely for internal informational purposes. No part of this Website or its Content (including Travel Guides that you purchase) may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose, except as set forth on the Website from time to time.
- The Content (including Travel Guides that you purchase) may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed. Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content (including Travel Guides) displayed on our Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Services.
By using the Services, you agree to indemnify, hold harmless and defend Buggl from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
9. Submission of Travel Guides by Locals.
- Submission of Travel Guides. A Local may submit a Travel Guide or other Content to Buggl, either on-line through Buggl's Website, or as otherwise permitted by Buggl from time to time (each a "Submission"). Subject to Buggl's distribution policies and terms, Buggl may host, store, sell, and serve such Travel Guide on the Services. The Local's Submission shall conform with the submission guidelines posted by Buggl from time to time on the Website. Buggl may choose to review such Travel Guide and Buggl retains the right to reject any such Travel Guide at any time. Local shall not include any promotions, sponsorships, or other advertisements as part of such Travel Guide. If any such ads are included as part of a Travel Guide, Buggl may elect to modify such Travel Guide to remove such ad or to completely remove such Travel Guide from the Services. Local shall not deliver to Buggl any Travel Guide comprised of, or including, third party materials unless Local is the licensee of online distribution rights for such third party materials. If a third party provides Buggl with a claim of infringement of any material contained within Local's Travel Guide, then: (a) such Travel Guide may be blocked from the Services, (b) payments accruing to Local pursuant to Royalties for any Travel Guide may be suspended or cancelled, and (c) if Local disputes the third party claim, Local will participate in a procedure to resolve the dispute.
- Local's Responsibility for Submitted Travel Guides. The Local is solely responsible for all content in Travel Guides that the Local transmits or submits to Buggl. Local shall submit only content that Local has a right to provide for the uses described herein. Local shall not upload, email, post, publish, distribute, transmit, submit or otherwise make available to Buggl any content that infringes the copyrighted works or violates the intellectual property rights of any third party. Local shall not submit Travel Guides that contains any adult, pornographic, infringing, hate-related, violent or illegal content.
- Ownership. The Travel Guides are licensed, not sold, by Local to Buggl under these Terms of Service. Except for those rights expressly granted under these Terms of Service, no other rights are granted, either express or implied, to Buggl.
- Licenses. Local hereby grants to Buggl a perpetual, irrevocable, non-exclusive right and license to transmit, publicly perform, display, reference, store, host, index, cache, reproduce, reformat, edit, excerpt, and publish and otherwise use (collectively, the "License Rights") Local's Travel Guide(s) on the Buggl Services to (i) host Travel Guide(s) on Buggl's servers; (ii) index Local's Travel Guide(s); (iii) display, perform, sell, and distribute Local's Travel Guide(s) on Buggl Services; and (iv) sell, sublicense and distribute to Buggl's third-party resellers and agents Local ravel Guide(s) for resale and distribution through such third parties' platform or distribution channels. The foregoing includes all necessary licenses for Buggl to use, copy, display and distribute pictures and excerpts chosen by Buggl from Local's Travel Guide(s) for display on the Services or by Buggl's resellers and agents and the right to for Buggl to modify Local's Travel Guide to the extent appropriate to improve the Travel Guide(s) in Buggl's sole discretion and to the extent technically necessary to index, display, sell and distribute Local's Travel Guide(s).
- Restrictions on Locals. Until Local terminates his or her account in accordance with Section 21 of these Terms of Service, Local agrees that Local will not sell or distribute the Local's Travel Guide(s) or any Content contained therein to any third party other than through our Services. These Terms of Service do not restrict such Local from sharing, without compensation, the Content that such Local originally provided to Buggl for inclusion in the applicable Travel Guide, provided however, Local shall not share, use, copy, publicly display, publically perform or distribute the Travel Guides to the extent compiled, organized or packaged by our Services or share, use, copy, publicly display, publically perform or distribute any modifications, edits or derivative works made to the Local's Content by Buggl or by Buggl's employees or contractors.
- Bundled Guides. By submitting a Travel Guide to Buggl, you hereby grant Buggl the right to combine such Travel Guide, in whole or in part, with other Travel Guides provided by you or other Users to create a new single, combined travel guide (a "Bundled Guide"). Local agrees that with regard to its rights in content incorporated into a Bundled Guide, such rights shall be subject to the License Rights set forth in (d) above. Buggl will notify each applicable Local upon incorporation of Local's Travel Guide into a Bundled Guide. Each Local will be attributed in such Bundled Guide. Royalties for such Bundled Guide will be split prorata among the Locals whose Travel Guides were incorporated in such Bundled Guide.
- Trademark License. Local grants to Buggl a non-exclusive, limited, worldwide, royalty-free license to use the Local's name and any trademarks, trade names, domain names, designs, and logos ("Local Marks") provided by Local in connection with Travel Guide and to provide for attribution purposes.
- Royalties Payable to Local. Travel Guide may be designated between the parties as free distribution ("Free TG") , for instance, if licensed under a Create Commons license, or it may be designated as distribution for a fee ("Fee-Bearing TG"). Such designation may be made in connection with the submission of such Travel Guide or in a separate written agreement between the parties. Pricing for any Fee-Bearing TG shall be determined as set forth on the Website from time to time. Subject to Local's compliance with the terms and conditions of this Agreement, Buggl will pay a royalty on Net Sales (as defined below) from Fee-Bearing TG ("Royalties") at the rate as set forth on the Website from time to time by Buggl, unless otherwise agreed in writing by Local and Buggl on a case-by-case basis. Local understands and agrees, if Travel Guide is distributed as Free TG, such distribution will not accrue any Royalties.
- Calculation of Net Sales. With respect to any Fee-Bearing TG, "Net Sales" shall mean the gross amount received by Buggl for that Travel Guide sold to Travelers, less: (a) normal and customary trade and quantity discounts actually allowed and properly taken directly with respect to sales of the Travel Guide; (b) amounts repaid or credited by reason of defects, returns, rebates and allowances of goods, or because of retroactive price reductions specifically identifiable to such Travel Guide; (c) chargebacks and other amounts paid on the sale of such Travel Guide; (d) tariffs, duties, excise, sales, value-added, and other taxes (other than taxes based on Buggl's income); and (e) retroactive price reductions or discounts that are actually allowed or granted.
- Payment. Accrued Royalties will be paid within a reasonable time after the end of the calendar month in which they accrued. Notwithstanding the foregoing, Buggl shall have no obligation to make a payment until such accrued payments total exceeds twenty dollars ($20). All payments due hereunder by Buggl may be paid in U.S. dollars, or in the local currencies as set forth on the Website from time to time. If Buggl overpays the amount due to Local for a Royalty, Local shall refund the difference to Buggl promptly upon notice of such overpayment. Buggl shall have no obligation to pay Local Royalties, if Local provides content in a Travel Guide that infringes a third party's rights. Travelers agree that Buggl is not responsible for any claims for refunds of amounts paid to Locals in accordance with the foregoing process.
- Taxes. Locals and Travelers will be liable for all transaction taxes on the Services related to the Travel Guides (other than taxes based on Buggl's income).
- Employment and Withholding. The Services are not an employment service and Buggl does not serve as an employer of any User unless separately subject to a signed, written employment contract. As such, Buggl will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of Users' services. You understand and agree that if Buggl is found to be liable for any tax or withholding tax in connection with your use of Users' services, then you will immediately reimburse and pay to Buggl an equivalent amount, including any interest or penalties thereon.
10. Travel Guide Listing Conditions.
Locals, may create Listings, for other Users to find Travel Guides based on certain search parameters. By posting a Listing on the Services, you agree to assume full responsibility for the content of the Listing and Travel Guide, and to accept the following listing conditions: When you list an Travel Guide on the Services, your Listing may not be immediately searchable by keyword or category for several hours, so Buggl does not guarantee exact listing durations. Buggl's duplicate listing policy may also affect whether your Listing appears in search results. Buggl reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Buggl, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Service or otherwise harmful to the Services. You hereby grant to Buggl and its Users, the right to view and distribute your Listings without restriction and you acknowledge that your Listings may be widely disseminated and viewed by large numbers of people. You acknowledge and agree that Buggl may display advertisements on the Services or in connection with your Listing without any payment obligation to you. You agree and acknowledge that a Local may, in its sole discretion, discontinue, change or replace any of its Listings, or withdraw the Listings from the Website, without restriction under this Agreement.
11. Content Submitted by Users.
- Liability. We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through our Services, such as through Public Areas. We do not prescreen information in Travel Guides or Content posted to online discussion boards, forums or chat rooms (each, a "Public Area"). With respect to such Travel Guides, or Content in Public Area, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users through a Travel Guide or Public Area are those of the respective Local, author(s) or distributor(s) and not of Buggl. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to our Services is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to our Services.
- Monitoring. We have the right, but not the obligation, to monitor Travel Guides or Content submitted to our Services either through our submission forms or through Public Areas, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any Public Area provided through our Services. Without limiting the foregoing, we have the right to remove any material that Buggl, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you submit or post to our Services.
- Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. "Lobbying" includes certain activities intended to influence legislation. Content posted by Users does not constitute lobbying by Buggl, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
- Use Travel Guides for any commercial use.
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory,vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Buggl.
- Circumvent or manipulate our fee structure, the billing process, or fees owed to Buggl or the Local;
- Manipulate the price of any item or interfere with other Local's Listings.
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
- Post Content which infringes another's copyright, trademark or trade secret.
- Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
- Post unsolicited advertising or unlawfully promote products or services.
- Take any action that may undermine the feedback or ratings system when it becomes available (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Buggl )
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
- Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
- Introduce viruses, worms, Trojan horses and/or harmful code to the website.
- Obtain unauthorized access to any computer system through the Website.
- Transfer your Buggl account (including feedback) and Login Credentials to another party without our consent.
- Harvest or otherwise collect information about Users, including email addresses, without their consent.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 18 years of age).
- Solicit personal information from children under 13 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
- Disclaimer. IN NO EVENT SHALL BUGGL BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limitation. YOU AGREE BUGGL'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, OR ANY LISTING OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS, IF ANY, YOU PAID IN COMMISSIONS TO BUGGL FOR THE SERVICES IN THE THEN-PRIOR SIX MONTHS.
- Waiver of Class Action. ANY CLAIMS BROUGHT BY YOU OR BUGGL MUST BE BROUGHT IN THAT PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with all applicable local laws and regulations.
- We make no representation that information on this Website, or the Travel Guides offered by Locals, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk.
12. Prohibited Conduct.
No Interference with The Website; No Manipulation. You shall not manipulate the price of any goods or services offered on the Services, in any manner. Furthermore, you shall not disrupt or otherwise interfere in any way with any other User's use of the Services.By accessing our Services or any chat room, online discussion forum, or other service provided through our Website that allow Users to communicate to other Users ("Public Areas"), you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
All submissions made to Public Areas will be public, and Buggl will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
Buggl services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a Parent. In this case, the Parent is responsible for any and all activities of the Traveler in connection with our Services.
14. No Solicitation.
Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through Buggl without express written permission from Buggl.
You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of Buggl.
15. Intellectual Property Rights.
Unless otherwise noted, all Content contained on this Website is the property of Buggl and/or its affiliates or licensors (the Travel Guides are the property of the applicable Locals), and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The service marks and trademarks of Buggl, including without limitation Buggl and the Buggl logos are service marks owned by LocalEyes, Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
16. Contributions and Feedback.
By posting Content or sending us any ideas, suggestions, documents or proposals other than Travel Guides ("Contributions"), you represent and warrant and agree that (i) your Contributions do not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Contributions, (iii) we may have something similar to the Contributions already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Contributions, and you irrevocably waive, and cause to be waived, against Buggl and its users any claims and assertions of any moral rights contained in such Contributions. Furthermore, by posting Contributions to any Public Area of the Website and/or the Services, you automatically grant Buggl all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Contribution on the Website and/or Services by any party for any purpose.
17. Copyright Infringement; Notice and Take Down Procedures.
Local shall not use the Buggl Services for any purpose or in any manner that infringes the copyrights of any third party, nor will Local upload, email, post, publish, distribute, transmit, submit or otherwise make available to Buggl any Travel Guide or Content that infringes the copyrighted works or violates the intellectual property rights of any third party.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), it is Buggl's policy to respond to notices of any actual or alleged infringement that are reported to Buggl's "Designated Copyright Agent" and that comply with the DMCA. If you believe that any materials on our Services infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to this Website is: email@example.com or to Derek Buggl at 33 Sleeper Street #608 Boston, MA 02210.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.
18. Disclaimer of Warranty.
USE OF THE SERVICES AND ANY TRAVEL GUIDES IS ENTIRELY AT YOUR OWN RISK.
BUGGL DISCLAIMS ALL LIABILITY IN CONNECTION WITH ANY INTERACTIONS, CORRESPONDENCE, TRANSACTIONS, AND OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION TRAVELERS, LOCALS, OR OTHER USERS FOUND ON OR THROUGH OUR SERVICES (INCLUDING ON OR VIA LINKED WEBSITES OR ADVERTISEMENTS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY (INCLUDING ISSUES RELATED TO THE CONTENT OF THIRD-PARTY ADVERTISEMENTS, PAYMENTS, SERVICES, DELIVERY OF GOODS, WARRANTIES (INCLUDING PRODUCT WARRANTIES), PRIVACY AND DATA SECURITY, AND THE LIKE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION IN ANY TRAVEL GUIDE OR CONTENT ON THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY TRAVEL GUIDE, INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE. BUGGL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ACKNOWLEDGE THAT THE WEBSITE, THE TRAVEL GUIDES, AND ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" AND ARE BASED IN PART ON LISTINGS PROVIDED BY LOCALS, WHICH ARE NOT VERIFIED BY BUGGL, AND THAT ANY TRAVEL GUIDES, LISTINGS OR OTHER CONTENT ACQUIRED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. BUGGL AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE WEBSITE. WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BUGGL DOES NOT WARRANT THAT: (I) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER BUGGL NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN USERS. BUGGL AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
19. Limitation of Liability.
We may terminate any User's access to our Website, including access to any Public Areas, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Services.
Local may request that Buggl remove its name from a Travel Guide provided through the Services. Upon such request, Buggl will cease using Local's name in the distribution of the applicable Travel Guides; provided that, such Local acknowledges and agrees Buggl's other rights granted hereunder in Travel Guides shall be unaffected.
You may terminate your account at any time by ceasing all use of the Service. Buggl will have no obligation to provide a refund of any amounts previously paid to Buggl. Upon termination of a Local's account under these Terms of Service, Buggl may continue, at its option, to sale, distribute, edit, or combine with other Travel Guides, in whole or in part, provided by Local subject to license provision and Royalty obligations above. Upon termination of a Local's account under these Terms of Service, Buggl shall have the right to determine, in its sole discretion, as between Buggl and such Local, the prices of any applicable Travel Guides and Bundled Guides.
Upon termination of a Local's account under these Terms of Service, Local is no longer restricted from selling or distributing for compensation Local's Travel Guide(s) outside of the Service, provided however, whether before or after termination of Local's account, Local shall not share, use, copy, publicly display, publically perform or distribute the Travel Guides to the extent compiled, organized or packaged through our Services or share, use, copy, publicly display, publically perform or distribute any modifications, edits or derivative works made to the Local's Content by Buggl or by Buggl's employees or contractors.
Even after your right to use the Service is terminated or suspended, these Terms of Service will remain enforceable against you.
22. Governing Law; Dispute Resolution.
These Terms of Service shall be governed by the laws of the Commonwealth of Massachusetts, USA, excluding: its conflicts of laws principles; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA). You and Buggl shall appoint as sole arbitrator a person mutually agreed by you and Buggl or, if you and Buggl cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement.
Notwithstanding the foregoing, Buggl shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.
You may not assign or transfer these Terms of Service in whole or in part to any third party without the consent of Buggl. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. Buggl and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by Buggl, and cannot be amended except by a writing signed by both parties or by Buggl's posting of an amended version of these Terms of Service on its Website. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
24. For Additional Information.
If you have any questions about these Terms of Service, please contact firstname.lastname@example.org.
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