Last Updated: 09/09/2011
Welcome, and thank you for your interest in GuideHop!
Access and Use of the Service
- Under 13 years of age: not authorized to use the Service, with or without registering.
- Under 18 years of age: may use the Service, with or without registering, only with the approval of your parent or guardian.
Security (Account & Password): Your user account and password as a registered user, including all actions, communications, and use of Services under your account, are your sole responsibility. In order to maintain security, you are required to (a) immediately alert GuideHop of any unauthorized use of your password or user 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. Failing to comply with this policy releases GuideHop from any liability regarding the outcome of user account and/or password security breaches.
Storage and Posting General Practices: GuideHop assumes no obligation to post any content from you or any third party. It is entirely with GuideHop's discretion to edit, remove, or delete any content or accounts that you create. Using the Services indicates you agree that GuideHop may, at our sole discretion, impose limits concerning your use of the Service. Typical examples of such limitation would include, but are not limited to:
- Maximum time content may remain posted
- Maximum storage allotted to an account to store data on GuideHop's servers
- Maximum time account info will be stored while that account is inactive.
You agree that GuideHop carries no liability in the case of deletion or failure to store any data or other content provided by you.
Conditions of Use
Granting GuideHop License: By uploading, submitting, or posting any content (e.g. profile information) to the Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.
Content Restrictions & User Conduct. You are solely responsible for any content that you upload, submit, post or transmit via our Services. Failure to comply with the content restrictions described in these Terms of Service releases GuideHop from any liability for such content and may result in GuideHop suspending or removing your account, deleting the content in question with or without notice, pursuing civil legal action against you, or reporting you to the relevant law enforcement authority. Content not allowed on GuideHop includes anything that:
- Is defamatory;
- Contains sexually explicit or pornographic content;
- May disparage any ethnic, racial, sexual or religious group;
- Exploits images or the likeness of individuals under 18 years of age;
- Depicts use of illicit drugs;
- Makes use of offensive language or images;
- Characterizes violence as acceptable, glamorous or desirable;
- Provides a link to any commercial websites; or
- Contains any of your personal contact information, except as specifically required or requested as part of your registration on this site;
- Is unlawful;
- Is threatening, abusive, harassing, tortious interference, defamatory, or libelous;
- Is invasive of another's privacy;
- You do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Infringes any intellectual property or other proprietary rights of any party;
- May be considered spam or unwanted solicitation;
- Is malware;
- Falsely states or misrepresents your affiliation with a person, organization, or other entity;
The removal of content, and the decision to pursue any additional actions in response to the removal of said content, is at the sole discretion of GuideHop.
User & Merchant Fee Terms: If you are a Merchant, GuideHop will endeavor to remit Revenue (defined below) to you, less GuideHop's applicable fees (as described on the Site and in the Services), within 48 hours of the End Date (defined below). For purposes hereof, "Revenue" shall mean gross revenue actually received by GuideHop from its sale of Offers hereunder, less taxes, refunds, returns, chargebacks, and bad debt. For purposes hereof, the "End Date" shall be the date of commencement of the activity or experience described in the relevant Offer. All Revenue will be paid to Merchant in accordance with the payment information provided by the Merchant to GuideHop through the Service, and Merchant is solely responsible for ensuring such information remains accurate and up to date. Merchant will be responsible for all taxes in connection with the Offers (excluding taxes based on GuideHop's net income). If Merchant disputes any payments, Merchant must let GuideHop know within sixty (60) days after the date that GuideHop pays you.
Cancellation and Refunds: If you wish to cancel or obtain a refund for an Offer, please see GuideHop's Cancellation Policy located at [guidehop.com/guidelines].
Global Use: In recognition of varying local laws and regulations, GuideHop requires that you comply with the specific laws and regulations of your locale. It is the responsibility of the Merchant to be familiar with, and adhere to, local laws and regulations. It is highly recommended that Users also familiarize themselves with local laws and regulations to ensure a positive experience. By using the Service, you release GuideHop from any liability should your content or Tour violate local laws.
Commercial Use: GuideHop's service is strictly intended for personal use, for both Users and Merchants. Any commercial use of GuideHop's Site, Services, name, or copyrighted content other than the specific use of the Service as offered by GuideHop is forbidden. Violation of this policy may result in cancellation of an account, civil legal action, or criminal legal action per our discretion.
Taxes: GuideHop is not a tour operator, guide, or agency and does not conduct business as such. The extent of GuideHop's offerings is a technology platform allowing a marketplace for customers and Merchants. You understand that we are acting solely as an intermediary for the collection of fees between you and any Merchants or customers with whom you choose to enter into a transaction. We do not represent, as an agent or otherwise, any Merchant or customer. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either Merchants or Customers.
Intellectual Property Rights
Service Content, Software and Trademarks: All content on the Site or other GuideHop distribution methods, e.g. mobile applications, (hereafter, "Content") is protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. Except by explicit written authorization by an officer of GuideHop, Inc., you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. Non-commercial use of our Content, so long as it does not conflict with the above, is permitted.
Your Use of Our Intellectual Property: Systematic retrieval of our Content, including user-generated data, to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or similar, whether by manual methods, through the use of web scrapers, bots, or automated data collection methods, or otherwise is forbidden and may result in cancellation of an account, civil legal action, or criminal legal action per our discretion. The use of GuideHop's Content, name, or trademarks as meta-tags in other sites or commercial products is also forbidden. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without prior written consent from an officer of GuideHop, Inc. You may freely use links to the homepage of our Site without our written permission.
Third Party Material: In using our Services, it is highly likely that you will be exposed to content and information from third parties, including user-generated content from other users and content found on linked sites (hereafter, "Third Party Content"). We do not control or pre-screen, and shall have no responsibility for, Third-Party Content found on or linked from our Site. Bear in mind that although such content may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable, GuideHop shall have no liability for it. You must evaluate the authenticity of, and bear all risks associated with, your exposure to Third Party Content.
User Content Posted on the Site: You are solely responsible for the content and other materials you post on or through the Service, the Site, or any other method of adding content to your profile (e.g. mobile applications) or transmit to or share with other users or recipients, whether as a Merchant, end user or otherwise (collectively, "User Content").
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service, including questions posed to other users regarding Tours ("Submissions"), provided by you to GuideHop are non-confidential and GuideHop shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Complaints: In an effort to protect your intellectual property, GuideHop has a process in place to address any potential infringements on your copyright or intellectual property rights. This process is outlined below:
GuideHop will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to GuideHop's Copyright Agent at [[email protected]] (Subject line: "DMCA Takedown Request").
Please provide a written explanation of the infringement and include the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: In response to an allegation against you of copyright or intellectual property infringement, you may dispute the allegation by contacting GuideHop's Copyright Agent at [[email protected]] and providing the following:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the state of Deleware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Upon receipt of a counter-notice the Copyright Agent, on behalf of GuideHop, will provide a copy of the counter-notice to the original complainant informing them that the content in question could be posted again within 10 days. The burden of continuing this dispute then falls on the original complainant, who must within 10 days initiate official legal action against the party accused of the infringement and inform GuideHop's Copyright Agent to ensure that the content in question is not reposted.
Repeat Infringer Policy: At GuideHop's sole discretion, users who have repeatedly been found to infringe upon copyright or intellectual property rights, whether complaints have been filed or not, may have their accounts suspended or deleted.
Any Tours purchased or inquired about through the Service are being offered solely by Merchants, and not by GuideHop directly. Tours purchased through the Service, are purchased from the Merchant, and the Merchant has sole responsibility to provide the goods and/or services promised and agreed upon. The following terms and conditions apply to all Tours:
- The Merchant is the sole provider of all goods and services associated with the purchase of the Tour.
- Merchants redeem their fee through the Service after the Tour has been completed.
- Prices negotiated with the Merchant cannot be impacted by other promotional items (e.g. coupons, vouchers, etc.) unless agreed upon by the Merchant prior to purchase.
- Offers are void to the extent prohibited by law.
Merchants provide the final confirmation that a Tour has been purchased through the Service. Upon confirmation of a Tour booking, the Merchant represents, warrants and agrees that they shall fully honor and conduct all confirmed Tours (unless appropriate notice is provided to the customer) and shall be solely and fully responsible for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to a customer concerning any Tour or caused in whole or in part the Merchant, as well as for any unclaimed property liability arising from unredeemed Tour or portions thereof. Each Merchant hereby waives, and releases and will hold harmless GuideHop and its officers, directors, employees and agents from, any claim, liabilities, losses, damages, or injury arising from or related to any Tour or any act or omission of Merchant in connection with a Tour or the services or goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of Tours or any portion thereof.
Indemnity and Release
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GUIDEHOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GUIDEHOP MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GUIDEHOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GUIDEHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL GUIDEHOP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GUIDEHOP IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
(a) Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than Ten Thousand US Dollars (US$10,000), you or we may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with its applicable rules, or any other established ADR provider agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(b) Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Deleware, USA or where the defendant is located.
Under GuideHop's sole discretion, your account can be suspended or deleted, in part or in whole, at any time, with or without notice. You release GuideHop from any liability associated with such suspension or deletion.
Disputes between users, including Merchants, are strictly the responsibility of the parties involved, and GuideHop is in now way liable for such disputes or their outcomes. At GuideHop's discretion, a GuideHop representative may get involved in an unofficial capacity to help resolve a dispute. Such involvement in no way implies liability on the part of GuideHop for the dispute or its outcome.