Terms of Use

These terms of use (“Terms”) govern your use of the iCasualTours application for iOS (the Application). Please read these Terms carefully. By using the Application, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the Application. 

These Terms can be modified by the Application Provider at any time, and such modification shall be effective immediately upon posting on the Application. Your continued access or use of the Application after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. If you object to any such changes, your sole recourse shall be to cease using the Application. 

 

1. License. The contents of the Application, including its "look and feel" (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including HTML or XML-based computer programs) and other material, are protected under both United States and foreign copyright, trademark, and other laws. These contents belong or are licensed to the Application Provider. The Application Provider hereby grant you the right to view and use the Application subject to these Terms. You may download or print a copy of information provided in the Application for internal use or distribution only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the Application Provider.

 

2. Your Responsibilities. You assume all responsibility for your use of, or access to, the Application, and waive all claims or causes of action against the Application Provider, its officers, directors, employees, agents and affiliates in connection therewith. You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Application and for paying all charges related thereto. 

 

3. Disclaimer. The Application AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE Application IS AT YOUR SOLE RISK. WE MAKE NO GUARANTEE THAT THE INFORMATION ON THE APPLICATION IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THE APPLICATION WILL BE FREE OF INTERRUPTION. The Application Provider MAKES NO WARRANTY THAT THE Application WILL MEET YOUR REQUIREMENTS, OR THAT THE Application Functions  WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.The Application Provider EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE Application (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).  The Application Provider MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Application, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Application, OR THAT DEFECTS IN THE Application WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Application IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Application Provider OR THROUGH THE Application SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

4. User Submissions. You agree not to use the Application to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) interfere with or disrupt the Application Provider Network or servers or networks connected to the Application Provider Network, or disobey any requirements, procedures, policies, or regulations of networks connected to the Application Provider Network.

 

5. User Submissions ownership. The Application Provider does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you elect to submit through the Application (collectively, “User Submissions”). As between the Application Provider and you, you own all rights to your User Submissions. However, you grant to the Application Provider representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed (including, for example, but without limitation, mobile technology devices and software, gaming platforms, and all other digital environments) without any accounting, payment, notification, credit, or other obligation to you. The Application Provider reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. The Application Provider does not pre-screen User Submissions and you agree that you are solely responsible for all of your User Submissions. The Application Provider is not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. The Application Provider is not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that: (a) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to The Application Provider the rights in your User Submissions described herein; (b) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions; (c) you are the individual pictured and/or heard in your User Submissions, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to The Application Provider described herein; (d) you will make such permissions available to The Application Provider upon request; and (e) your User Submissions do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party. 

 

6. Termination. The Application Provider may terminate your right to use the Application r suspend your access to all or part of the Application Provider Network, without notice, if you violate these Terms or you engage in any conduct that the Application Provider, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of the Application Provider, any other Application user, or any third party. YOU AGREE THAT The Application Provider SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE Application (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Application Provider Network at any time. The Application Provider reserves the right to investigate your use of the Application Provider Network in the event Application Provider, in its sole and absolute discretion, believes you have violated these Terms.

 

7. Password and Security. You are responsible for maintaining the confidentiality of your Application Provider Network password, and you are solely responsible for all activities that occur under your password. YOU AGREE THAT The Application Provider WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.

 

8. Links. The Application Provider’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Application Provider’s endorsement of such other Web site or resource or its contents. YOU AGREE THAT The Application Provider SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.

 

9. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that The Application Provider may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Application Provider’ liability shall be the minimum permitted under such applicable law.

 

10. Indemnification. You agree to indemnify, defend, and hold harmless The Application Provider, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (any other person accessing the Application on your behalf) violation of these Terms (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct).

 

11. Trademarks. iCasualTours, as well as certain other of the names, logos, and materials displayed in the Application Provider Network, constitute trademarks, trade names, service marks or logos (“Marks”) of The Application Provider or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with The Application Provider or those other entities.

 

12. Copyrights The content on the Application Provider Sites (the “Content”), including without limitation, video, text, photos, and graphics, is protected under international copyright laws, and is subject to other intellectual property and proprietary rights and laws, and is owned by The Application Provider or its licensors. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of The Application Provider and its applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. The forgoing restrictions, however, shall not apply with respect to your own User Submissions.