CUSTOMER TERMS AND CONDITIONS
Last Update: January 1st, 2020
This website is owned and operated by Discover.live, Inc. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors abilities to book our Experiences and Services as defined here within. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms and Conditions.
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
By purchasing and using Company’s Service, User expressly agrees to be bound by the following terms and conditions.
“Company” shall refer to Discover.live, Inc., its subsidiaries and affiliates.
“User” shall specifically mean the individual or entity who is a customer of Company, seeking virtual live-streaming tour experiences from Company. User seeks to engage Company to provide services virtually as more fully set forth in this Terms and Conditions (“Agreement”), subject to the terms and conditions stated herein.
Experiences are live video/audio streaming content offered to Company’s Users. Experiences are delivered via Zoom / Google Meet using Company’s assigned meeting links or via any other platforms assigned by Company.
Commercial Tour Streamers (CTS) are Company’s assigned tour guide streamers who offer Experiences to Company’s Users.
Service Company offers virtual tours known as Experiences, to Company’s customers hereinafter known as the “User”. Said Experiences are conducted by CTSs, individuals who execute the virtual tour “Experiences”.
Other Terms and Conditions of Use
The Services provided for this Agreement are limited solely for User’s use.
Neither User, nor its guests are permitted to contact any CTS directly.
User is responsible for preparing its own audio-visual equipment in order to join Company’s live streaming session, i.e. Experience.
User is required to download Zoom, Google Meet, or other video streaming platform apps assigned by Company prior to the Experience delivery in order to utilize Service.
Customized Experiences can be requested, outside of the main offerings, at separate charges to be determined by Company.
Neither User, nor its guests are permitted to offer direct payments to a CTS under any circumstance whatsoever.
Neither User, nor its guests are permitted to record or download any Experience content under any circumstance whatsoever.
Neither User, nor its guests are permitted to use Services provided for in this Agreement for any unlawful purposes.
Rude, abusive, improper language or violent communications towards any CTS during Experience delivery will not be tolerated and will result in immediate termination of Experience delivery without refund to User and will result in immediate termination of this Agreement.
The Experience, marketing materials, brochures, or any other written or recorded content provided by Company or its affiliates, agents, or employees pursuant to this Agreement shall be considered Company’s intellectual property. Such intellectual property shall include the content of each Experience, trademarks, service marks and logos owned by or licensed to the Company.
Neither User, nor its guests are permitted to use, distribute, copy, download, transmit, broadcast, display, sell, alter, modify, promote, profit from, or license the aforesaid intellectual property of the Company for any, except those expressly permitted under this Agreement, without the Company’s express written permission. This provision shall survive termination of this Agreement.
User recognizes and agrees that by uploading any content (including, but not limited to images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, User confirms that User owns all the relevant rights or received the appropriate license to upload/transfer/send the content. User agrees and consent that the uploaded/transferred content may be publicly displayed at the website.
User expressly understands that the live Experience sessions will promptly start and end at the pre-scheduled time.
User is expressly prohibited from charging its guests, audiences or other end users for specific access to the Services provided under this Agreement without the express written consent of the Company.
User is allowed to promote the Services provided by Company on User’s social media, blogs or any other similar platforms only with the expressive written consent of the Company.
Retention of Right to Change Offering. Company may, without prior notice, change the Services; stop providing the Services or any features of the Services we offer; or create limits for the Services. Company may permanently or temporarily terminate or suspend access to the Services without notice and liability for any reason, or for no reason.
Pricing and Payment Terms. The prices Company charge for using our services / for our Experiences are listed on the website. We reserve the right to change our prices for Experiences displayed at any time, and to correct pricing errors that may inadvertently occur. All payments must be made in full prior to any Experience delivery, following the Experience booking process.
Experience Cancellation Policy. The Experience delivery may be cancelled by User for any reason with a refund provided that User sends cancellation request in writing to email@example.com at least 14 days prior to the scheduled Experience delivery. The Company reserves the right to cancel any live Experience without refund to User if the session start is delayed for more than 20 minutes, provided said delay is not due to any action or inaction on the part of Company. Experiences may be cancelled by Company, with the option to reschedule, or refund or partial refund to User as determined by Company, if said cancellation is due to weather, unforeseeable conditions or force majeure. Any other cancellation of an Experience by Company shall be that Company may cancel for convenience with a refund to the User.
Termination by Company. Company may terminate this Agreement at any time and for any reason at the discretion of the business. Company may permanently or temporarily terminate or suspend User’s access to the Service without notice and liability for any reason, including if in Company’s sole determination User violates any provision of this Agreement or any applicable law or regulations. User may discontinue use and request to cancel User’s account and/or any services at any time by emailing to firstname.lastname@example.org. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which User has already made payment.
Attorney Fees and Costs. In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorney fees and all other litigation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment.
Severability, Savings Clause. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be enforceable under applicable law. However, if any provision of this Agreement shall be deemed unenforceable under applicable law by a court having jurisdiction, such provision shall be unenforceable only to the extent necessary to make it enforceable without invalidating the remainder thereof or any of the remaining provisions of this Agreement.
Liability Limitations. User further agrees that Company shall not be liable to User or any third party for any loss of profits, loss of use, interruption of business, or any direct, indirect, incidental or consequential damages of any kind whether under this Agreement or otherwise, even if Company was advised of the possibility of such damages. User further agrees Company assumes no liability or responsibility for any unauthorized access to or use of Company’s secure servers and/or any and all personal information stored therein. User further agrees that Company’s liability under this Agreement shall be expressly limited to monies received by Company pursuant to this Agreement. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Company. In such jurisdictions, Company’s liability is limited to the greatest extent permitted by law.
Warranty. The Services provided by Company are provided as is, without warranty of any kind to User or any third party, including, but not limited to, any express or implied warranties of: 1) merchantability; 2) fitness for a particular purpose; 3) effort to achieve purpose; 4) quality; 5) accuracy; 6) non-infringement; and 7) title. User agrees that any efforts by Company to modify its Services shall not be deemed a waiver of these limitations, and that any warranties shall not be deemed to have failed of their essential purpose. Modifications made to any work product created by User, by Company, or any third-party voids any remaining express or implied warranties.
Promotional Emails and Content. User agrees to receive from time to time promotional messages and materials from Company, by mail, email or any other contact form User may provide Company with (including User’s phone number for calls or text messages). If User doesn't want to receive such promotional materials or notices – please just notify Company at email@example.com at any time.
Right to Change or Modify Terms. Company reserves the right to modify this Agreement from time to time at Company’s sole discretion. Therefore, User should review this page periodically. User’s continued use of the Website or our Service after any such change constitutes User’s acceptance of the new Agreement. If User does not agree to any of these terms or any future version of the Agreement, do not use or access (or continue to access) the website or the Service.
Full Integration Clause. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior agreements, discussions, negotiations, or understandings, whether oral or written, between the parties relating to the matters addressed herein. The language herein will be interpreted as to its fair meaning and not strictly for or against any party.
Waiver of Breach. The waiver by either party to this Agreement of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by such other party.
Venue and Applicable Law. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of New York, USA (without respect to principles of conflicts of law), and the Parties hereby submit to the jurisdiction of and venue in the State of New York in any legal proceeding necessary to interpret or enforce this Agreement or any part of this Agreement.
Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Indemnity. To the extent permitted by applicable law, User agrees to defend, indemnify and hold harmless Company, its shareholders, investors, officers, directors, employees, CTSs, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to Service; (2) your violation of any term of this Agreement; (3) any claim that Service delivery caused damage to you or a third party. This defense and indemnification obligation will survive this Agreement and your use of Service.