Effective date: October 20, 2015
ABOUT US AND THE SERVICE
Visit.Org, Inc. (“Visit.Org,” “we,” “us,” “our”) is an online marketplace for tours and activities that benefit communities. Our mission is to enhance the mission of great social organizations and increase public knowledge of and engagement with society’s needs by facilitating mutually-beneficial, in-person encounters between people and communities around the world. Visit.Org provides its Services (as described below) through its website located at www.visit.org. Visit.Org, Inc. is located at 7 World Trade Center, 250 Greenwich Street, New York, NY, 10026. You can contact us by email ([email protected]).
Visit.Org’s service (the “Service” or “Services”) is an online platform that connects local nonprofits, community-based organizations and social enterprises who have unique knowledge of local culture and people throughout the world (“Providers”, “Orgs”) with travelers interested in visiting these Orgs and participating in activities directly organized by these Orgs (“Travelers” or “Users”). Through the Services, Providers may create and post profiles (“Tour Page”) that provide information about the Provider’s knowledge and experience, and may make themselves available to offer certain services to Travelers at a particular destination (each such service, an “Experience”).
PLATFORM NATURE OF THE SERVICES
Visit.Org provides a platform for Travelers and Providers to meet online and arrange for Experiences. Visit.Org is not an operator of tours, activities or Experiences, nor is it a provider of tours or activities, and Visit.Org does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Visit.Org’s responsibilities are limited to: (i) allowing Providers to post their Tour Pages on the Site; (ii) allowing Users to search for and browse Tour Pages; (iii) allowing Users to contact Providers directly through the Site and provide information to Providers;processing payments from Travelers on behalf of the Provider.
YOU UNDERSTAND AND AGREE THAT VISIT.ORG IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND TRAVELERS, NOR IS VISIT.ORG AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS BETWEEN PROVIDERS AND TRAVELERS. VISIT.ORG HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, TRAVELERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OR PARTAKING OF ANY EXPERIENCES ARE AT THE PROVIDER’S AND/OR TRAVELER’S OWN RISK.
YOUR REGISTRATION OBLIGATIONS
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Visit.Org of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Visit.Org will not be liable for any loss or damage arising from your failure to comply with this Section.
USER AND PROVIDER INFORMATION AND CONTENT
When you register with Visit.Org, either as a User or a Provider, you may be asked to provide certain user-generated information (“user information”). This includes basic information required and information you provide when creating your account. You are solely responsible for the user information that you provide. However, we reserve the right to remove any information from the Service at our discretion.
You represent and warrant that: (i) you either are the sole and exclusive owner of all user information or you have all rights, licenses, consents and releases necessary to grant Visit.Org the license to the user information as set forth above; and (ii) neither the user information nor your submission of such user information nor our use of the user information as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any user information that you provide is solely your responsibility.
Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and request that our Users and Providers do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for users who are found repeatedly to provide protected third party content without necessary rights and permissions through the Service.
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by contacting us at the following address: [email protected]
USER AND PROVIDER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
PROVIDERS USING THE SERVICE
Providers who use the Service are not employees, agents, or independent contractors of Visit.Org and are not otherwise authorized to enter into any agreement on behalf of the company or bind or obligate the company in any way.
MODIFICATIONS TO SERVICE:
Visit.Org reserves the right to modify, discontinue, temporarily or permanently, or transfer or assign the Service (or any part thereof) with or without notice. You agree that Visit.Org will not be liable to you or to any third party for any modification, suspension, discontinuance, or assignment of the Service.
The information on this Site is for general informational purposes only. Information on this Site does not constitute an offer binding to us. Binding agreements may be entered into directly between Provider and Traveler once Traveler submits information to Provider through the Site. However, Visit.Org will not be a part to any such agreement, nor will Visit.Org have any obligations or responsibilities under such agreements.
While we try to ensure that the information in or through the Site is accurate, we do not provide any warranties, express or implied, in relation to its correctness, completeness, currentness, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). We may change, add or remove information on the Website and its structure and functions at any time at our sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. We may also block Users from accessing the Website or parts of it, or require certain conditions to be fulfilled for such access. We do not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, we do not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
THIRD PARTY CONTENT, LINKS TO OTHER WEBSITES
We do not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. We do not recommend or endorse such content, and will not have any liability relating to it. Where we link to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to [email protected]
INTELLECTUAL PROPERTY RIGHTS
As between you and us, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USING OF THE SERVICE AND APPLICATION AND ANY FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OR EMPLOYEES, OR OUR LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH US OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
APPLICABLE LAW AND JURISDICTION
DISPUTE RESOLUTION THROUGH ARBITRATION
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on our part to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with us must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
7 World Trade Center
250 Greenwich Street
New York, NY
Phone: (844) 731 - 0007
Last modified October 20, 2015