Terms & Conditions
The services comprise an online platform through which operators (defined below) may create listings (defined below) for group tours (defined below) and travelers (defined below) may learn about and book such group tours. You understand and agree that Touriar is acting as an agent for the operators, not as an insurer. Touriar has no control over the conduct of operators, travelers and other users of the services or any group tours, and disclaims all liability in this regard.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
• use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content;
• use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to Group Tours;
• "stalk" or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Touriar Traveler or Operator;
• offer, as an Operator, any Group Tours that you do not yourself have permission to provide (without limiting the foregoing, you will not list Group Tours as an Operator if you are serving in the capacity of an agent for a third party);
• offer, as an Operator, any Group Tour that may not be provided pursuant to the terms and conditions of an agreement with a third party;
• register for more than one Touriar Account or register for a Touriar Account on behalf of an individual other than yourself;
• contact an Operator for any purpose other than asking a question related to a booking, such Operator's Group Tours or Listings;
• contact a Traveler for any purpose other than asking a question related to a booking or such Traveler's use of the Services;
• when acting as a Traveler or otherwise, recruit or otherwise solicit any Operator or other Member to join third party services or websites that are competitive to Touriar, without Touriar's prior written approval (for clarity and without diminishing any of Touriar's rights to enforce these Terms, Touriar may cancel such offending Member's Touriar Account, permanently block such Member from access to the Service, and take any legal action Touriar deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law);
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer's Listing);
• use automated scripts to collect information or otherwise interact with the Services;
• use the Services to find an Operator or Traveler and then complete a booking of a Group Tour transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Touriar's provision of the Services;
• as an Operator, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame any portion of the Services, or any individual element within the Services, Touriar's name, any Touriar trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Touriar's express written consent;
• access, tamper with, or use non-public areas of the Services, Touriar's computer systems, or the technical delivery systems of Touriar's providers;
• attempt to probe, scan, or test the vulnerability of any Touriar system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Touriar or any of Touriar's providers or any other third party (including another user) to protect the Services or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
• Advocate, encourage, or assist any third party in doing any of the foregoing.
Touriar will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Touriar may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. In particular, in the case of any solicitation, you acknowledge that Touriar has no obligation (but we will) to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Touriar reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Touriar, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to Touriar a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, or by means of the Services. Touriar does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Touriar the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Touriar's use of the Member Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You must not store illegal content on the Site and we will monitor our site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine of up to €25,000.