CUSTOMER TERMS AND CONDITIONS
Last Update: May 24, 2023
This Site is owned and operated by Discover.live, Inc. These Terms set forth the terms and conditions under which User may use Companies Site including any content, functionality, mobile applications and services offered on or through such (the “Site”), whether as a guest, servicer or registered user. This Site offers visitors the ability to book Companies Experiences and Services as defined here within. By accessing or using the Site of Companies service, User approves that User has read, understood, and agrees to be bound by these Terms and Conditions.
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 recorded or 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 and/or recorded content offered to Company’s Users. Experiences are delivered via Zoom / WebEx / Teams using Company’s assigned meeting links or via any other platforms assigned by Company.
Tour Guide (“TG”) is Company’s assigned tour guide who offer Experiences to Company’s Users.
“Service” Company offers virtual tours known as Experiences, and/or other products to Company’s customers known as the “User”. Experiences are conducted by TG, 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 TG 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, WebEx, or other video streaming platform apps assigned by Company prior to the Experience delivery in order to utilize Service.
Customized Experiences and other products or services 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 TG 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 TG or Company associate 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, contractors, 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 reason, without the Company’s express written permission, except those expressly permitted under this Agreement. 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 Site, User confirms that User owns all the relevant rights or received the appropriate license to upload/transfer/send the content. User agrees and consents that the uploaded/transferred content may be publicly displayed at the Site.
User expressly understands that the live Experience sessions will promptly start and end at the pre-scheduled time. If Company encounters technical or other unexpected issues that delay the Experience starting time, Company will either reschedule the tour at a mutually agreed date/time, or possibly delay the start and finish time, at the discretion of Company, so User can still enjoy the entire Experience. The rescheduled Experience must take place in the same location, and no more than 60 days after the originally planned start date.
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 express written consent of the Company.
User is responsible for making all arrangements necessary to have access to the Company Service. To access the Company service, User may be asked to provide certain registration details or other information. It is a condition of User’s use of the Company Service, that all the information User provides to Company is correct, current, and complete.
All transactions formed through the Site, or resulting from visits made by User, are governed by these Terms and Conditions. Additional terms, policies, conditions and licenses may also apply to specific portions, services, or features of the Site. All such additional terms, policies, conditions and licenses are hereby incorporated by this reference into these Terms and Conditions.
Changes to the Terms and Conditions. Company may revise and update these Terms and Conditions from time to time in Companies sole discretion. All changes are effective immediately upon posting, and apply to all access to and use of the Site thereafter. User's continued use of the Site following the posting of revised Terms and Conditions indicates that User accepts the changes. User is expected to check this page from time to time so User is aware of any changes, as they are binding on User.
Retention of Right to Change Offering. Company may, without prior notice, change the Services; stop providing the Services or any features of the Services Company offers; 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. Company may update the content of Service from time to time, but its content is not necessarily complete or up to date. Any of the material on the Service may be out of date at any given time, and Company is under no obligation to update such material.
Pricing and Payment Terms. The prices Company charges for using Companies Services / for Companies Experiences are listed on the Site. Company reserves the right to change Companies 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 canceled 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. All Experiences will end at the scheduled time. Experiences may be canceled by Company, with the option to reschedule, or refund or partially 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.
Force Majeure. If Company is unable to perform its obligations hereunder due to causes beyond its control, including but not limited to acts of God (earthquake, war, storm, flood or other extreme weather condition, fire, pandemics including, but not limited to COVID-19), strike, regional internet outage, live video streaming service interruption, transportation failure, equipment failure due to extreme weather, or actual or threatened outbreak of hostilities or threat to TG personal safety, then Company shall have the right to cancel a scheduled Experience delivery. Where Company cancels an Experience delivery due to a Force Majeure condition, Company shall not be responsible for any cancellation penalties.
User Contributions. The Site may contain message boards, reviews, personal or commercial web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Engagement Services") that allow users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms and Conditions. Any User Contribution User posts to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, User grants Company and Companies affiliates and service providers, and each of and Companies respective licensees, successors, and assigns the right to use, reproduce, modify, perform, create derivative works, display, distribute, and otherwise disclose to third parties any such material for any purpose.
User represents and warrants that User owns or controls all rights in and to the User Contributions and has the right to grant the license granted above to Company and Companies affiliates and service providers, and each of their and Companies respective licensees, successors, and assigns. User represents and warrants all of User's Contributions do and will comply with these Terms and Conditions. User understands and acknowledges that User is responsible for any User Contributions User submits or contributes, and User, not Company, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by User or any other user of the Site.
Monitoring and Enforcement. Company may remove or refuse to post any User Contributions for any reason at Companies sole discretion. Company may take any action with respect to any User Contribution that Company deems necessary in Companies sole discretion, including if Company believes that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Company. Company may disclose User's identity or other information about User to any third party who claims that material posted by User violates their rights, including their intellectual property rights or their right to privacy, and further may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Content Standards. These content standards apply to any and all User Contributions and use of Engagement Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person or promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent User's identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.
Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance User places on such information is strictly at User's own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by User or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, reviewers, syndicators, aggregators, and/or reporting services. Company is not responsible, or liable to User or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Site. Company may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Company is under no obligation to update such material.
Trademarks. The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. User must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
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. Upon termination, your right to use Service will immediately cease.
Prohibited Uses. User may use the Site only for lawful purposes and in accordance with these Terms and Conditions. User agrees not to use the Site in any way that violates any applicable federal, state, local, or international law or regulation. The site may not be used for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. Further, the site may not be used to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms and Conditions. The site also may not be used to transmit, or procure the sending of, any advertising or promotional material without Companies prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation. User may not use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site. User may not use any spider, robot, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on Site. User may not use any device, software, or routine that interferes with the proper working of the Site or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. User may not attempt to interfere with the proper working of the Site.
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.
User’s use of the Site, its content, and any Services or items obtained through the Site is at User’s own risk. The Site, its content, and any Services provided by Company are provided on “as is”, and “as available” basis, 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; 7) completeness; 8) security; 9) reliability; 10) availability of the Site, and 11) title. Without limiting the foregoing, Company and anyone associated with Company do not represent or warrant that the Site, its content, or any Services or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that Site or the server that makes it available are free of viruses or other harmful components, or that Site or any Services or items obtained through Site will otherwise meet User needs or expectations. 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 notify Company at email@example.com, or write us at 7 Skyline Drive, Suite 350, Hawthorne, NY 10532, USA.
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 from time to time. User’s continued use of the Site or Companies 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 Site 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.
Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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.
Information About User and User's Visits to the Site.
Linking to Site and Social Media.
User may link to Companies homepage, provided User does so in a way that is fair and legal and does not damage Companies reputation or take advantage of it, but User must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Companies part without Companies express written consent. User may use these features solely as they are provided by Company and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions Company provides with respect to such features. User may not establish a link from any Site that is not owned by User or link to any part of the Site other than the homepage. Company may disable all or any social media features and any links at any time without notice at Companies discretion.
Links from Site.
The Site has links to third party Sites that are not owned or operated by us. Company is not responsible for the content on those Sites and the act of linking to those Sites does not imply Companies endorsement of the material contained on those Sites or of the controllers or owners. If User decides to access any of the third-party Sites linked to this Site, User does so entirely at User's own risk and subject to the terms and conditions of use for such Sites.
The owner of the Site is based in the United States. Company makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If User accesses the Site from outside the United States, User does so on User's own initiative and is responsible for compliance with local laws.
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.
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.
To the extent permitted by applicable law, User agrees to defend, indemnify and hold harmless Company, its shareholders, affiliates, investors, officers, directors, employees, contractors, licensors, suppliers, successors, agents, TG, and assigns, from and against any and all claims, damages, judgements, awards, obligations, losses, liabilities, costs or debt, and expenses or fees (including but not limited to attorney's fees) arising from: (1) User's use of and access to Service; (2) User's violation of any term of this Agreement; (3) any claim that Service delivery caused damage to User or a third party. This defense and indemnification obligation will survive this Agreement and User's use of Service.