SIGHTSEEKER

TERMS + CONDITIONS

Last updated August 10, 2022

 

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GENERAL

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The Sightseekertours.com website (the “Site”), the Sightseeker app for mobile devices (“App”), Sightseeker’s publishing tools (“Tools”), and all related digital applications (collectively, “Services”) are owned, operated and distributed by Sightseeker LLC. By accessing any part of the Services constitutes your agreement and acceptance without modification of the legal disclaimers, notices, terms, and conditions set forth herein as well as Sightseeker’s Privacy Policy.

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You (the “User”) may use the Services solely for your personal, noncommercial use. You agree you will not a) copy or distribute any part of the Services in any medium without the Sightseeker’s prior written permission or b) alter or modify any part of the Services in any way.

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You acknowledge that you have read these Terms and Conditions and that you are legally authorized (or, if you are an individual, legally competent and over the age of 18 years) to accept and agree to these terms. If you do not agree and accept without modification the legal disclaimers, notices, terms, and conditions set forth herein, do not use or access the Services. Your use of the Services following any change constitutes your agreement to be bound by the terms and conditions then in effect.

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The content, images and all products and services available on or associated with the Site and the App are provided by, and owned by, Sightseeker LLC. Please also read our Privacy Policy (to learn how we collect and use information) and our Cookie Notice (to learn about our use of cookies).

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These Terms and Conditions are subject to change from time to time without notice. 

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LICENSE

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We hereby grant you a non-exclusive, non-transferable, personal, revocable license to use the Services in accordance with these Terms and Conditions. The license granted to you by us for the App is limited to a non-transferable license to use the App on any mobile device that you own or control. This license does not allow you to distribute or make the App available over a network where it could be used by multiple devices at the same time.

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You may not copy, reproduce, rent, lease, lend, sell, redistribute, or sub-license the App or any part of it.

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You agree not to use the Services for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers or damages our property. You agree that your use of the Services is subject to all applicable local, state, national and international laws, and regulations.

 

YOUR ACCOUNT

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To access the Services, you must register an account with Sightseeker (become a “Registered User”). Upon registration, you will have to provide accurate and complete information. It is important that you keep your Sightseeker account password secure and confidential. Any personal data you choose to provide about yourself in connection with your use of the Services will be collected, stored, and used in accordance with our Privacy Policy.

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You many never user another user’s account without permission. You must notify Sightseeker immediately of any breach of security or unauthorized use of your Sightseeker account.

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You agree that you will be solely responsible (to Sightseeker, and to others) for all activity that occurs under your Sightseeker account. Sightseeker reserves the right to disallow, cancel, remove, or reassign certain usernames in appropriate circumstances, as determined by Sightseeker in its sole discretion.

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Although it is our intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

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You may cancel or terminate your account and/or use of any Services, with or without cause at any time, by providing written notice to us via email at info@Sightseekertours.com. Any attempt to terminate your account by means other than those described below will not be considered a proper termination. We also reserve the right, in our sole and absolute discretion, at any time and with or without prior notice to you, to suspend, cancel, transfer, or terminate your password, account, and/or use of any Services for any reason whatsoever.

 

DESCRIPTION OF SERVICES

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The Services (site, tools, app) are designed to make city touring (sightseeing) more fun, entertaining and informative. The App provides access to a family of tours (“quests”) in different geographical locales, using the full power of the smart phone and employing written narrative (copy, stories), recorded voice over, full-screen photographs (original and provided), directions (written and GPS-driven), clues (so the user looks closer and sees more), uploaded videos, music and sounds.

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Users can sample these quests for free and/or purchase the quest in its entirety. Users “own” a purchased quest for as long as its accessible on the App and can reference it at any time.

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Some of these quests are created entirely by Sightseeker. Others are created and/or promoted in partnership with industry partners (tourist boards, museums, sights of interest, governing authorities, etc.). In the case of these partnerships, Sightseeker is the sole owner of the content and responsible for its management.

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Any errors or difficulties encountered in the usage of the App should be reported to Sightseeker by email (info@sightseekertours.com). We will take the necessary steps to correct any errors and solve any difficulties, where possible. Users acknowledge that Sightseeker is in no way responsible for these errors and difficulties and understand that there are no reparations made.

 

SAFETY

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Use of Sightseekers’ Services is entirely at your own risk. Sightseeker is in no way responsible for your safety, behavior, and/or personal items while you are using the Services.

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Many of Sightseeker’s quests will lead you through very challenging environments, including but not limited to busy city streets and crowded places. You acknowledge that these environments have inherent risks and it’s your responsibility to exercise the greatest caution, awareness, and safety measures when engaged in a quest. It is up to you to ensure that you comply with all traffic and safety laws. If you choose to interact with other users of the Site or the App, you do so entirely at your own risk.

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If, for any reason, you are unable to follow the provided directions, you must obey all regulations and official instructions, and re-route/detour around the obstruction/closing in a safe and responsible manner.

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Similarly, any use of an Internet-based service comes with inherent risks through unlawful access, including but not limited to theft of personal information, viruses, worms, Trojan horses, and other harmful or destructive insertions, content and material. While Sightseeker makes every effort to protect you from such unlawful access (see our Privacy Policy for more details), you absolve Sightseeker from all responsibility should it happen in the process of using our Services.

 

PAYMENT OF FEES

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Most of the Sightseeker quests are downloadable for a fee.

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Sightseeker does not issue invoices or receipts. All fees include taxes where applicable. All payments and refunds are subject to the Stripe terms and conditions.

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Until you receive confirmation of payment, no contract is concluded. Completion of the registration process with Sightseeker is merely an offer to conclude a contract and does not constitute the conclusion of a contract.

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If you pay for, but are unable to use, the Services because of a production/provision error or failure within the App, please contact Sightseeker at info@sightseekertours.com. Repayment is totally at Sightseeker’s discretion, based on the circumstances.

 

THIRD PARTY SITES AND SERVICES

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The Services may contain links to “Third Party Services,” including websites, applications, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services, and other resources that are not owned and controlled by Sightseeker.

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Sightseeker does not have or maintain any control over Third Party Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any Third Party Services, Sightseeker does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such Third Party Services.

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Third Party Services may have their own Terms and Conditions, privacy policy or cookies policy and may have different practices and requirements to those operated by Sightseeker with respect to the Services. You are solely responsible for reviewing any terms and conditions, privacy policy or other terms governing your use of these Third Party Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering any transaction, financial or otherwise, and whether online or offline, with any third party related to any Third Party Services.

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You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Services.

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Sightseeker disclaims all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against Sightseeker with respect to the content or operation of any Third Party Services.

 

CODE OF CONDUCT

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You agree that, when using the Services, you will be respectful of the locations and the other people enjoying them. For example, in places of worship (ie. churches, cathedrals), libraries, and all other locations sensitive to excessive noise, you will speak quietly and listen to the narrative through headphones, or turn off the audio and read the provided text. Your behavior must be similarly polite and respectful.

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You are responsible for compliance with applicable laws. You agree that, while using the Services, you will not trespass, attempt to gain, or gain access to any property or location where you do not have a right or permission to be (“Private Property”). You acknowledge that Sightseeker is under no obligation to provide information regarding what is or what is not Private Property.

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You acknowledge that property owners and administrators are under no obligation to admit you to their private property and may refuse you entry for any reason. In such cases you agree to follow directions in accordance with common decency and the law, and not try to cajole, persuade, threaten, abuse, or exhibit any impolite or unseemly behavior.

 

Under no circumstances must you violate anybody’s personal rights.

 

DISCLAIMER OF WARRANTIES

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Sightseeker makes no warranties, express or implied, in connection with the Services and your use of them. Sightseeker assumes no responsibility for, and makes no warranties or representations about, the accuracy or completeness of the Services or their Content (or the Third Party Services linked to them).

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Sightseeker quests take place in highly changeable environments. Streets, paths, sights, restaurants, stores, museums, and all other elements mentioned in the Sightseeker quests and/or directions are subject to constant change including, but not limited to closures, replacements, and access. You understand that, while Sightseeker makes every effort to stay up to date and correct its quests accordingly, some changes will not be reflected in the quests.

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If you encounter an obstacle limiting your ability to complete the quest/answer the clues, you should bypass the obstacle and continue the quest with the next sight/clue. We ask our users to make us aware of any disruptions and/or inaccuracies by contacting Sightseeker at info@sightseekertours.com.

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By using the Services, users acknowledge these possibilities are unavoidable and cannot hold Sightseeker in any way liable for any injury, property damage, death or any other misadventure.

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Sightseeker makes no warranties or representations about any unauthorized access to or use of Sightseeker’s servers and any Personal information stored therein.

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Sightseeker makes no warranties or representations about any interruption or inability to use the Services.

Sightseeker is in no way responsible for any bugs, viruses, Trojan horses, or any other Internet insertion that might be transmitted through the Services or Third Party Services.

 

ACCURACY

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Sightseeker makes every effort to keep the information and directions included in its quests accurate and up to date. However, this is not always possible given the sheer amount of information, the number of quests, and the changeability of the quests’ locations. Accordingly, Sightseeker makes no guarantees or representations about the suitability or accuracy of the information or opinions included in, or associated with, the site, the tools and the app. 

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Should the user encounter an error, we ask to be notified at info@sightseekertours.com

 

DAMAGE OR PERSONAL INJURY

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Sightseeker is in no way liable for any damage or injury incurred in using the Services. This includes bodily injury or damage to the user’s phone, tablet, or computer. Using Sightseeker’s services is understood to be entirely at the user’s own risk.

 

LIMITATION OF LIABILITY

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In no event shall Sightseeker, its affiliates, partners, or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages (including, without limitation, loss of business, loss of profit, loss or corruption of data, property damage, personal injury, business interruption, loss of goodwill or reputation or wasted management time) arising out of or in any way connected with the use of the Site, the Tools or the App (Services).

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Your sole remedy for dissatisfaction with the Site, Tools, and App, is to stop using our Services.

 

INDEMNITY

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You agree that your use of the Services shall be at your sole risk and that all Content is provided to you “as is.”

You agree to defend, indemnify, and hold harmless Sightseeker, its officers, directors, employees and its affiliates from and against any and all claims, expenses or damages (including attorneys' fees), whether known or unknown, arising from, incurred as a result of, or in any manner related to (a) your use of the Services or the Site, the Tools or the App, (b) promises or statements made in these Terms and Conditions.

 

You hereby agree to waive (to the extent permissible) all laws that may limit the effectiveness of the foregoing releases. notwithstanding the foregoing, you shall not be liable for claims, expenses or damages arising from the intentional or grossly negligent acts of any the company affiliates. this indemnification shall apply to the fullest extent permitted by law and shall survive termination of these Terms and Conditions.

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Property owners and administrators agree not to hold Sightseeker responsible for any damages, loss of revenue, or any other negative effects that might arose from user’s behavior or other involvement or inclusion in the Services.

 

INTELLECTUAL PROPERTY/COPYRIGHT

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Except where otherwise indicated, all materials included in the Services, including (without limitation) all designs, text/copy, audio, code, photos, slogans, sounds, videos, interactive features, trademarks, logos, service marks, trade dress, text, and graphics “Content”), is the sole property of Sightseeker and subject to copyright and other intellectual property protections.

You agree not to copy, reproduce, modify, distribute, transmit, broadcast, sell or otherwise use any part of Sightseeker’s Content without prior written permission. Nothing contained on the site, the tools or the app should be construed as granting, by implication or otherwise, any license or right to use any of the information, materials, or content available on the site, the tools, and/or the app without the written permission of the owner, Sightseeker.

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Sightseeker takes copyright infringement seriously. This applies to instances when Sightseeker’s copyright is infringed or if Sightseeker inadvertently infringes of anybody else’s copyright.

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Regarding the second instance, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials from the site or the app by submitting written notification to info@Sightseekertours.com.

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In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

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• Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site or the App, a representative list of such works.

• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the written notice is accurate.

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

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If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site or App is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

 

REVISIONS

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We may make changes to the materials contained on the Site, the Tools, and/or the App (Services) at any time and without notice. We do not, however, make any commitment to update the materials.

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We rely on you, the user, (“Community of Curiosity”) to make Sightseeker better through their advice, tips, suggestions and ideas.

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Any comments or feedback you provide to Sightseeker regarding the Site, the Tools, the App (Services) are deemed to be non-confidential. This includes suggestions, ideas, comments, or other submissions to Sightseeker. Sightseeker shall be free to use such comments or feedback on an unrestricted basis, without compensation to you.

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You agree that no comments or feedback submitted by you to Sightseeker will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.

 

JURISDICTION AND GOVERNING LAWS

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You agree that these Terms and Conditions and your use of the Site, the Tools, and the App are governed by the laws of the Commonwealth of Connecticut, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Connecticut, USA in all disputes (a) arising out of, relating to, or concerning the site, the tools, the app and/or these Terms and Conditions, (b) in which the Site, the Tools, the App and/or these Terms and Conditions is an issue or a material fact, or (c) in which the site, the tools, the app and/or these Terms and Conditions are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.

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Use of the Site, the Tools, the App and/or these Terms and Conditions is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.

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Sightseeker has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, the Tools and the App, but makes no representation that its materials and information are appropriate or available for use in any particular jurisdiction.

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Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

 

MISCELLANEOUS

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You agree that Sightseeker may at any time and without notice change the terms, conditions, and notices under which the Site, the Tools, and the App are offered. Sightseeker reserves the right in its sole discretion to deny access to the Site, the Tools, the App, or any portion of each to any person or user without notice.

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You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sightseeker as a result of this agreement or your use of the Site, the Tools, or the App (Services).

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Sightseeker’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sightseeker’s right to comply with law enforcement requests or requirements relating to your use of the Site, the Tools, or the App or information provided to or gathered by Sightseeker with respect to such use.

 

PRIVACY

 

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in these Terms and Conditions by reference. For details, please refer to our Privacy Policy at www.Sightseekertours.com

 

This document was last updated on August 10, 2022

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© 2022 Sightseeker

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