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Terms & conditions

IMPORTANT – READ CAREFULLY THE FOLLOWING TERMS OF USE AGREEMENT BEFORE USING THE WEBSITE FROM CITINERARY AT HTTP://WWW.CITINERARY.NET (THE “SITE”). BY USING THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND THE ACCOMPANYING PRIVACY POLICY AVAILABLE AT www.citinerary.net/terms-and-conditions and www.citinerary.net/privacy-policy, respectively.

Welcome to www.citinerary.net (the “Site”). Please read the following Terms of Use (“Terms”) carefully before using this Site so that you (“You” or “Your”) are aware of Your legal rights and obligations with respect to CITINERARY, its affiliates and subsidiaries (individually and collectively, “CITINERARY” or “We”).

You must be at least 18 years old to register or use the Services. By registering or using our Site, you represent that you are over 18.

We reserve the right, at our discretion, to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Site following the posting of changes to these Terms will mean You accept those changes.

1. Website Access and Grant of Limited License

A. CITINERARY hereby grants You permission to use the Site, provided that: (i) You will not copy, distribute or modify any part of the Site, including the comments thereon, without CITINERARY‘s prior written authorization, other than as permitted herein; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, or similar mass mailings; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Site; and (v) You comply with these Terms.

B. You agree not to use or launch any automated system, including without limitation, “robots” or “spiders”. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes, other than those permitted by the Site.

C. You agree that any content downloaded or otherwise obtained through the use of the Site is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such content and material.

2. Site Use Restrictions

CITINERARY will use its best efforts to monitor CITNERARY Local profiles, service offerings, actions, comments and may suspend privileges to any Local not adhering to these Terms and any other relevant Site policies. By using this Site, you agree to report any alleged improprieties of any Local to CITINERARY immediately.

CITINERARY has the right to refuse or terminate Your access to the Site, in its sole discretion, immediately and with or without cause. Upon such termination, licenses granted under these Terms will terminate and you will cease any and all use of the Site.

3. Links

The Site may contain links to third party websites that are not owned or controlled by CITINERARY. CITINERARY is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, CITINERARY will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly release CITINERARY from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Site and to read the terms and conditions and privacy policy of each other website that You visit.

4. Intellectual Property Rights

The content on the Site, including without limitation, all User Submissions, the text, documents, products, software, scripts, graphics, photos, sounds, interactive features, services, provided on this Site and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to CITINERARY by their respective owners. Content on the Site is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without CITINERARY’S prior written consent. CITINERARY reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.

CITINERARY, CITINERARY logo and other marks are Marks of CITINERARY or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.

5. Copyright and Content Policy

CITINERARY respects the intellectual property rights of others, and requests You to do the same. CITINERARY does not permit copyright infringing activities and infringement of Intellectual Property Rights on its Site, and CITINERARY will remove all Content if properly notified that such Content infringes another’s Intellectual Property Rights. CITINERARY reserves the right to remove Content without prior notice. CITINERARY reserves the right to terminate a user’s access to the Site, if it has grounds to believe such infringes these policies. Furthermore, CITINERARY may remove such Content and/or terminate a user’s access for uploading such content in violation of these Terms at any time, without prior notice and at its sole discretion. To report a suspected violation of your copyright, please notify us at hello[at]citinerary.net with the word “Copyright” in the subject heading, and a statement in the body of the communication that you are the owner of the copyright along with the location of the infringing material on the Site. This section shall survive any termination of these Terms.

6. User Submissions

A. The Site permits the submission of content by You and other users (“User Submissions“) and the hosting, sharing and publishing of such User Submissions. Publishing of User Submissions is entirely at the sole discretion of CITINERARY.NET. You understand that whether or not such User Submissions are published, CITINERARY does not guarantee any confidentiality or accuracy with respect to any User Submissions.

B. You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: You own or have the necessary rights and permissions to use, and You authorize CITINERARY to use, all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to CITINERARY, You hereby grant CITINERARY a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and CITINERARY (and its successor’s) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.

C. You agree that You will not display, post, submit, publish or transmit User Submission that: (i) constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant; (ii) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; (iii) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (iv) is defamatory or violates a person’s privacy; (v) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement; (vi) improperly exposes trade secrets or other confidential or proprietary information of another person; (vii) is intended to assist others in defeating technical copyright protections; (viii) clearly infringes another person’s trade or service mark, patent, or other property right; (ix) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (x) is discriminatory in any way, including by way of sex, race, or age discrimination; (xi) facilitates any activity or conduct that is or may be defamatory, pornographic, obscene, indecent, abusive, offensive or menacing; (xii) involves theft, fraud, drug-trafficking, money laundering or terrorism; (xiii) is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to us; (xiv) is otherwise malicious, fraudulent, or may to result in retaliation against us by offended viewers; (xv) falsehoods or misrepresentations that could damage CITINERARY or any third party; (xvi) advertisements or solicitations of business; or (xvii) impersonate another person. CITINERARY does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CITINERARY expressly disclaims any and all liability in connection with User Submissions.

D. You understand that when using the Site, You will be exposed to User Submissions from a variety of sources, and that CITINERARY is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against CITINERARY with respect thereto, and agree to indemnify and hold CITINERARY, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.

7. Venue

A. CITINERARY.NET is a venue whose purpose is to allow users who comply with CITINERARY’S policies and these Terms to offer, offering Travel services. CITINERARY is involved in the actual transaction between travelers and Locals. As a result, CITINERARY has control over the quality, safety or legality of the services advertised or User Submissions, the truth or accuracy of the listings, the ability of service providers to sell services or the ability of travelers to pay for services. CITINERARY cannot ensure that a traveler or service provider will actually complete a transaction. Consequently, CITINERARY does not transfer legal ownership of Travel Packages from the Locals to the buyer.

B. All bookings for meet&greets on this website are made with CITINERARY. CITINERARY facilitates the making of reservations with Locals. CITINERARY is not a party to the contract between the buyer and the Local Guide and has no responsibility or liability to either party in respect of the terms of that contract whether directly or indirectly.

C. While CITINERARY makes all reasonable efforts to ensure that the services listed are of reasonable standard, the listing of any Travel Package on the website is not and should not be taken as a recommendation from CITINERARY or a representation that the travel services will be suitable for the user’s purpose.

8. Payments

There are no payments executed through the site and all payments are processed directly with the traveler through invoice.

9. Reservation and Payment Process

A. Making a reservation On making a reservation, you will receive an invoice of EUR €25,- including 19% VAT, which is non-refundable after enjoying the service and will be refundable due to prior cancellation of the service.

B. Confirmation After your payment has been processed, (i) the details you have supplied will be transferred to the Local; and (ii) you will receive an email to the email address you supplied during Your registration with the Site or that You submit at the time of booking. This email will confirm your reservation with a reservation number and an indication of where the meet&greet will occur.

10. Local Guide Additional Terms

If you are a local guide (a “Local Guide”) using the Site to offer travel packages for sale(the “Travel Packages”), then the terms of this section additionally apply:

A. Listing Description You must accurately describe your Travel Package, service and all terms of sale on your listing on the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that Travel Package. All Travel Packages must be listed in an appropriate category. Each listing must accurately and completely describe the service/services and available dates. Where there are safety issues (including the need to sign a waiver) or the possibility of changes due to weather or other circumstances, then you must note this in your description. Unless you specifically state otherwise and provide alternate Terms and Conditions in your “Local Guide Policies” (which are stored on the Site), your relationship with any buyer shall be governed by the terms contained herein.

B. Local Guide Requirements (i) Legal Capacity and Insurance: If you are using LocalGuiding as a Local Guide, You must be legally able to sell the service(s) and Travel Packages You list on the Site and maintain all required business, liability and all other requisite insurance.

(i) Legal Capacity and Insurance: If you are using LocalGuiding as a Local Guide, You must be legally able to sell the service(s) and Travel Packages You list on the Site and maintain all required business, liability and all other requisite insurance.

(ii) Professionalism and Competency: You must be competent to provide your Travel Package and conduct yourself and your Travel Packages in a professional, friendly, and reliable manner.

(iii) Responsiveness: You hereby undertake to make best efforts to respond to all inquiries regarding your tours within three business days. You shall make best efforts contact your Customer 24-72 hours ahead of the beginning of the Travel Package to coordinate final arrangements. You accept and understand that you are solely responsible for your customer’s safety and satisfaction with the Travel Package.

(iv) Cancellations by CITINERARY: Once a booking is confirmed through our Site you undertake to deliver the Travel Package unless you are unable to do so for reasons of illness or extreme force majeure. In such a case, CITINERARY agrees to make best efforts to subcontract the provision of the agreed upon service at no additional cost to the Customer or refund any amount paid to CITINERARY for the cancelled Travel Package as to be mutually agreed upon by You and the Customer. You shall notify the Customer as soon as you can in order to make alternate arrangements.

(v) Cancellations by Buyer: Unless otherwise provided by You in your Local Guide Policies, the buyer may cancel his Travel Package up to 72 hours before commencement of the Travel Package. Should a buyer cancel less than 72 hours before commencement of the Travel Package, you may issue an invoice to the buyer in order to recoup any costs from the buyer that you may have incurred due to such cancellation. Such costs shall not be greater than the total amount owed to you from the buyer had they participated in the Travel Package.

C. Receipt of Payment You understand and agree that any Travel Package purchaser shall pay 10% of the price for the Travel Package directly to CITINERARY as part of the booking process and that the purchaser will be responsible for paying the remaining 90% of the listed price directly to You.

D. Confidentiality and Processing of Personal Information. “Personal Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, pen name, personal profile, financial information, a home or other physical address, an e-mail address or other contact information. You hereby agree to keep all Personal Information received from the Site in the strictest of confidentiality, and You shall not use such Personal Information for any reason other than to fulfill the obligations undertaken in the purchase of the Travel Package. The Buyer and CITINERARY reserve the right to seek any and all legal remedies for any violation by You of this provision and/or misuse of the Personal Information.

E. Acceptance of Terms As Local, You understand that these Terms govern Your relationship with our customers unless You provide otherwise on Your Local Guide Policies and/or Travel Package listing. You hereby consent to these Terms as governing your relationship between You and purchasers of Travel Packages through the Site. You may not use the site to sell Travel Packages without agreeing to the terms of this Section.

11. Disclaimer

A. Release CITINERARY shall in no way be liable to You in the event that the service You purchase is not suitable for Your purpose. Because CITINERARY is a venue, in the event that You have a dispute with one or more users or Locals, you release CITINERARY (and CITINERARY’S officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown (including without limitation any injury or damage you may sustain while participating in the service), suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

B. Information Control CITINERARY does not control the information provided by other users that is made available through our Site. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using CITINERARY. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using CITINERARY, you agree to accept such risks and that CITINERARY (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on CITINERARY.

C. Identity Verification CITINERARY may use techniques to verify the accuracy of the information CITINERARY’s users provide to CITINERARY when they register on CITINERARY. However, because user verification on the Internet is difficult, CITINERARY cannot and does not confirm each user’s purported identity.

D. Cancellations The purchase of a CITINERARY travel service may be cancelled up to 72 hours in advance. In the event that you cancel your reservation less than 72 hours from your agreed check-in time and/or arrival date or that you fail to arrive by your agreed check-in time, you authorize CITINERARY to issue an invoice to You, for the amount of the loss incurred by your late cancellation without further reference to you, an amount not exceeding the amount owing to the CITINERARY.

Please contact the CITINERARY directly for information on their cancellation and refund policies.

CITINERARY does take responsibility for cancellations by Locals regardless of the circumstances in which the cancellation is made.

CITINERARY shall not accept any liability for losses, additional expenses or any claim whatsoever due to changes in accommodation or other travel services, sickness, weather, strikes or any other cause. All such losses, additional expenses or claims will be borne by You.

E. Acceptance of Risk The service offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and hereby release CITINERARY from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. You are strongly encouraged to obtain suitable medical insurance prior to booking and travelling.

12. Limitation of Liability and Warranty

THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY SHALL APPLY WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND CITINERARY, THE SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE EVERY REASONABLE EFFORT TO ENSURE THAT THE SITE, SERVICE AND THE CONTENT WILL FUNCTION AS CLAIMED, CITINERARY DOES NOT GUARANTEE THAT THE SITE, SERVICE OR THE CONTENT WILL BE PROVIDED UNINTERRUPTED, BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT THEY WILL ALWAYS BE AVAILABLE. THE SITE, INCLUDING THE SERVICES WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT CITINERARY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, CITINERARY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT CITINERARY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

CITINERARY DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS’ SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE SITE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER CITINERARY USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT LOCALGUIDING IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. LOCALGUIDING RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.

UNDER NO CIRCUMSTANCES SHALL CITINERARY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, SERVICE OR THE SITE EVEN IF CITINERARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT CITINERARY TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU TO LOCALGUIDING IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, IF ANY, FOR ACCESSING AND USING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnity

You agree to defend, indemnify and hold harmless CITINERARY, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Site; (ii) Your violation of these Terms; (iii) Your violation of any third party right, including without limitation any Intellectual Property Right; or (iv) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Site.

14. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by CITINERARY without restriction.

15. Language

Where CITINERARY has provided you with an English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with CITINERARY. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

16. General

These Terms, along with the Privacy Policy, and the relationship between You and CITINERARY are governed by and construed in accordance with the laws of the Netherlands, without regard to its principles of conflict of laws. You and CITINERARY agree to submit to the personal and exclusive jurisdiction of the courts located in Amsterdam, The Netherlands and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by CITINERARY on the Site, shall constitute the entire agreement between you and CITINERARY concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. CITINERARY reserves the right to amend these Terms at any time and without notice, and it is Your responsibility to review these Terms for any changes. Your use of the Site following any amendment of these Terms will signify Your assent to and acceptance of its revised terms. YOU AND CITINERARY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE THAT BY CLICKING “I ACCEPT” OR USING THE WEBSITE I AM ACKNOWLEDGING MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.

Last Updated: AUGUST 15, 2012.