Note About Our Community
www.MyTourGuide.com (the “Site”) is owned and operated by MyTourGuide, LLC (“MyTourGuide”) and is a place where people can buy and sell many different kinds of travel related content. The Site features, and may in the future feature, audio tours, video tours, e-books, travel diaries, reservations for guided tours and other travel related services.
MyTourGuide is a platform that allows users the ability to publish location-based travel information that other users can download and use. . MyTourGuide does not claim ownership of any content you publish on the Site. MyTourGuide does not preview the content provided by users prior to making it available to other users and does not guarantee its accuracy, quality, safety, merchantability or fitness for any particular purpose.
MyTourGuide supports and enforces copyrights, which means that you can't post content that you don't own or have permission to publish.
MyTourGuide’s objective is to create the tools and services that enable the exchange of travel knowledge and foster a community of users who actively participate in sharing their travel knowledge with others. Below, you will find the terms and conditions for the use of the Site. Please don't hesitate to contact support if you have any questions about the statements contained in the agreement described below.
Notice: The information available on the Site, including, without limitation, reviews, opinions, directions, global positioning system (“gps”) coordinates, graphics, photographs, logos, audio or video clips, and data (collectively, the "Content") may contain information relating to activities that are potentially dangerous. MyTourGuide does not certify, warrant or endorse the Content on the Site, including without limitation, any opinion, recommendation, advice, or any other information contained in the Content.
MyTourGuide is not, and will not be, responsible for any harm to any person or property that results from your use of the Site and/or its Content.
Member Agreement: Contents
PLEASE READ TERMS BELOW CAREFULLY, BECAUSE YOUR USE OF ANY OF THE SITE AND/OR ANY OF THE PRODUCTS AND/OR SERVICES AVAILABLE ON THE SITE CONSTITUTES ACCEPTANCE OF SUCH TERMS AND CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND MYTOURGUIDE. WITHOUT LIMITING THE FOREGOING, YOU MUST ACCEPT SUCH TERMS BY CHECKING THE BOX BELOW IF YOU WISH TO USE ANY OF THE PRODUCTS AND/SERVICES AVAILABLE ON THE SITE. IF YOU CHOOSE TO ACCEPT SUCH TERMS, THEN YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY MYTOURGUIDE.
The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to the Site, and constitute a binding, legal agreement (the "Agreement") between the User and MyTourGuide.
Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.
The Site is a collection of tools, products and services that facilitate the exchange of travel knowledge around the world. The Site provides tools that enable Users to publish their travel knowledge as digital content in online, mobile, DVD, CD-ROM, and/or printed formats. Users may contribute Content to the Site subject to these terms and conditions.
You must be thirteen years of age or older to register as a member of the Site. Membership in the Site is void where prohibited. If you are under the age of 13, then you are not allowed to register as a member of the Site or access the Site's content, features, products and services. MyTourGuide reserves the right to terminate your membership for any reason, at any time.
When you post Content on the Site, you keep any copyright you may have in such Content, but you grant a license to MyTourGuide to allow MyTourGuide to post, display, copy, and sell that Content within the limitations you set during the publishing process.
If you include any information that could be used to identify you, such as your personal phone number, e-mail address, or address, (collectively "Personal Data") in your Content, then it will be included with your Content when sold. By including Personal Data in your Content, you authorize MyTourGuide to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.
By posting your Content on the Site, you grant a license to MyTourGuide to make excerpts from your Content, excluding any Personal Data that may have been included therein, for use in marketing materials. You further agree that MyTourGuide may make minor modifications to the Content for technical reasons. We will not feature Content that you have marked "private.”
When you upload Content, you have the choice of making it public or private. Public Content is viewable and downloadable to anyone who visits the Site. Private Content is only viewable and downloadable by Users to whom you grant access.
By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:
Despite all these representations from the Site’s Users, you agree that MyTourGuide cannot guarantee the accuracy, integrity, safety or quality of any Content.
MyTourGuide reserves the right to refuse to permit your publication on the Site of any Content that MyTourGuide, in its sole discretion, deems is in violation of the terms and conditions set forth herein. If MyTourGuide determines that you have violated any aspect of the terms of service, then MyTourGuide has the right to remove your Content and revoke your membership on the Site.
In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.
The Site utilizes maps and images from Google, Inc. by permission. All tour stop, point of interest (POI) locations, and routes provided by the Site are approximate and do not represent absolute measurements, either in metric (km) or English (miles) units. You acknowledge and agree that all measurements of routes that you create or view when using the Site are approximate. You also acknowledge and agree that the tour stops, POI locations, and routes you create or view when using the Site may not be accurate, safe, or free of physical obstacles, that routes might be blocked, or that some areas may not be open to the public or may be dangerous and/or hazardous. You acknowledge and agree that MyTourGuide is not, and will not be, liable or responsible, and makes no recommendations or warranties as to, your health and safety, or any mishap or accident you may incur from using the Site or its products and/or services. MyTourGuide disclaims any express or implied warranties for the security, reliability, timeliness, accuracy, or performance of the Site and its content.
Digital Rights Managment (DRM)
MyTourGuide requires that all Users agree to accept the Agreement, which includes agreeing not to make or distribute any illegal copies of Content that may be downloaded from the Site. MyTourGuide does not, however, offer any digital rights management of Content. We rely on Users and you to abide by copyright laws and other applicable laws related to intellectual property rights.
Backup of Content
Since computers and other equipment (both yours and that of MyTourGuide) are subject to occasional malfunction, you agree that you will not hold MyTourGuide responsible for any inadvertent damage to, or corruption or destruction of, the Content. MyTourGuide is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. MyTourGuide will not be responsible for archiving or backing-up any Content. If any Content transmitted to MyTourGuide is damaged, lost or corrupted in any way, then MyTourGuide has, and will have, no obligation or liability to you. You are solely responsible for all Content you generate or forward to MyTourGuide.
As a User, you agree not to use the Site to:
In addition to complying with all restrictions on conduct and the Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.
MyTourGuide reserves the right to remove any and all material, including your Content, from the Site that MyTourGuide feels is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect. At its discretion, MyTourGuide will remove Content and/or ban Users who violate this Agreement and MyTourGuide’s policies with respect to the Site. MyTourGuide reserves the right to amend this Agreement and its policies from time to time in its sole discretion.
Member Interaction and Disputes
You acknowledge and agree that your interaction with persons, individuals, other Users, organizations, and other entities found on or through the Site are solely between you and such other parties. You acknowledge and agree that MyTourGuide will not be liable, responsible, or otherwise legally accountable to you or to any third party for any loss or damage of any sort that you or any third party has incurred, or may incur, from your interaction with such other parties. In case of a dispute between Users of the Site or other participants of the Site, or between Users and any third party, you acknowledge and agree that MyTourGuide is not, and will not be, liable, responsible, or otherwise legally accountable for such dispute nor is MyTourGuide under any obligation to become involved in any such dispute. You are solely responsible for your interactions with other Users and participants. MyTourGuide reserves the right, but has no obligation, to monitor disputes between you and other Users and/or other participants.
In general, MyTourGuide collects Personal Data when you register on the Site, when you enable payments for tours you sell on the Site and/or when you purchase products or services on the Site. That information is used to fulfill your requests for products and services, to conduct research, to contact you, and to improve the Site’s products and services. MyTourGuide endeavors to limit access to your Personal Data to only those MyTourGuide representatives who reasonably need access to complete these purposes. You may view and edit your account information at any time.
MyTourGuide will disclose Personal Data under the following circumstances:
Your Personal Data does not include your username for the Site, and any information you make available on your Tour Guide Profile page. Your username for the Site and Tour Guide Profile page may be displayed on the Site to other Users.
7. Your Information.
You agree to provide accurate, current, and complete information (“Account Data”) required to purchase and publish content on the Site. You further agree to maintain and update your Account Data as required to keep it accurate, current, and complete. MyTourGuide may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that MyTourGuide may store and use the Account Data you provide (including PayPal account information) for use in maintaining your accounts, billing fees, and revenue payments to your PayPal accounts.
In order to purchase Content on the Site, you must possess a valid credit card account.
In order to receive payments from MyTourGuide, you must (1) participate in one of the eligible revenue sources, (2) have a valid PayPal account, and (3) enter the applicable information required to transfer money to your PayPal account in your Account Section of the MyTourGuide Site.
There are three sources of revenue that Users are potentially eligible to receive: sales revenue, advertising revenue, and commissions, all as described below. At the end of every calendar quarter, MyTourGuide summarizes the applicable revenue sources for each User account and makes the appropriate payment to the User’s PayPal account on record. If MyTourGuide owes you less than $20 at the end of a calendar quarter, then MyTourGuide reserves the right, at its discretion, to pay you on the next payment due date when more than $20 is due.
It is your responsibility to update your contact information if it changes. If your account is inactive or terminated and MyTourGuide is unable to contact you using the contact information provided, then MyTourGuide may also, at its discretion, charge a termination fee equal to the amount of unpaid User revenue to cover administrative costs.
If payments to you from MyTourGuide exceed $600 in the aggregate during any 12 month period, then MyTourGuide may require you to provide additional taxpayer information as required by the United States Internal Revenue Service ("IRS") for the purpose of issuing a 1099 form for your earnings.
If your Content is sold through the Site, and MyTourGuide receives payment for such, then MyTourGuide will pay to you a percentage of the Net Sales Revenue (as defined below) associated with the sale of your Content. The percentage of Net Sales Revenue you will receive depends on your User account type as follows:
User Account Type
Percentage of Net Sales Revenue
“Net Sales Revenue” for any measuring period shall mean revenues actually received by MyTourGuide with respect to the sale of your Content less any taxes, commissions, coupons, promotions or other discounts that are applied to the retail price of such Content and less the amount of any returns or refunds with respect to your Content; provided that the amount of any return or refund shall only be included in the calculation of Net Sales Revenue once.
If you have published and sold Content on the Site, then the amount of Net Sales Revenue you have earned will be visible in the “revenue” section of your account on the Site. All payments will be made in US dollars.
Free Content is supported with advertising. Any User can choose to offer his or her Content for free. Only professional accounts receive a portion of the ad revenue associated with free Content. If a professional account User chooses to offer free Content, then such User will receive a portion of the period’s advertising revenue associated with such free Content. The ad revenue that is distributed is based on the ad revenue received by MyTourGuide on a cash basis during the calendar quarter.
The formula for distributing the ad revenue to Users is as follows:
User’s ad revenue = (User’s free Content downloads)/(total free Content downloads) x (total ad revenue) x (User’s commission rate)
User Account Type
Percentage of ad revenue
For example, if, by the end of the calendar quarter, MyTourGuide has received $200 in ad revenue in cash deposits from advertisers and the free Content associated with your professional account was downloaded 25 times while the total number of free Content downloads was 100, then you would received $20 in ad revenue for your free Content. (25 / 100) x $200 x 40% (professional account) = $20.
MyTourGuide offers Users the opportunity to earn commissions on the sales of tours through a Concierge Code program. In order to participate in the program, the User must create a personal concierge code in their Account section of the Site. The User may then provide the concierge code to customers, which entitles the customer to a discount (determined by MyTourGuide and currently set at 5%) on any tour purchases. For every tour purchased with the User’s concierge code, the User receives a percentage of the sales revenue. The customer discount and commission percentages are as follows:
All account types
Content that has been purchased, whether in electronic or printed format, will be accepted for return only if it is damaged when received by the purchaser. If you receive a CD or electronic file that is damaged in some way (inoperable CD's, corrupted file, etc.), MyTourGuide will be happy to provide a replacement copy.
We cannot guarantee the quality of the Content hosted by MyTourGuide.
Because MyTourGuide provides a creator-controlled publishing tool, MyTourGuide cannot accept responsibility for the quality of the Content purchased (including misspelled words, grammatical errors, etc.), its accuracy, design or overall appearance. The User who creates the Content approves the audio-visual presentation of the Content and bears responsibility for its quality and presentation. MyTourGuide's staff does not monitor or check individual Content prior to publication through the Site.
10. User Registration and Information
We want to make sure that you have correctly completed the information in the User Registration form on the Site ("User Information"). In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. Remember, it is your responsibility to keep current all of your User Information on the Site.
MyTourGuide uses the username you submit as your user ID. You will have the opportunity to select a MyTourGuide screen identity in the profile portion of the account section of the Site. Your MyTourGuide screen identity is the title that other users will see when they view anything you publish (comments, tours, travel diaries, etc.). You are solely responsible in all respects for: (a) all use of the Site made using your User ID and Password, and (b) maintaining the confidentiality of your User ID and Password. Only one individual may access the Site at the same time using the same User ID and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, User ID or Password or any other breach of security regarding the Site of which you are aware. MyTourGuide may refuse to grant you a User ID or Password that impersonates someone else, is protected by trademark or other intellectual property rights, is vulgar or otherwise offensive, or for any other reason.
MyTourGuide offers two types of accounts: Basic and Professional.
Basic Accounts are free and designed for the general public. Basic Account Users are able to both download and publish content subject to the terms of this Agreement. Basic Account Users can view and download all publicly available Content published on the Site. They can view and download any private Content for which they have an invitation from the creator. They can also take advantage of other products and services offered through the Site from time to time. They can use the MyTourGuide tools to create and publish public and private Content (e.g., tour products and travel diaries).
Professional Accounts are available for a fee to Users who meet the minimum professional status criteria listed below. The Professional Account is targeted at individuals with the skill and desire to use MyTourGuide to expand their professional careers and maximize the earnings they can achieve through the Site. The fee for Professional Accounts is $49.95 annually.
Criteria for Professional Status:
· A copy of a tour guide or docent license
· A listing in a formal tour guide association
· Evidence of at least one year's experience leading commercial tours
· A link or copy of your published writing work in a reputable publication.
Professional Accounts have the same rights as the Basic Accounts plus some additional benefits available only to Professional Accounts. View the account comparison on the Site for more details on the differences between accounts.
12. Suspending and Deleting Content and/or Terminating Membership
If you wish to terminate your Membership, then please contact support with a specific request to do so.
When you choose to “delete” your Content from the Site, it will no longer be available or visible to other Users after the date it is officially deleted. Anyone who downloaded a copy of your Content will continue to have access to their copy of your Content. The exceptions to your ability to remove Content are as follows:
If you choose to terminate your Membership, then the terms above regarding the status of Content you have uploaded remain applicable.
13. Restrictions on Use of Content
If you purchase Content off of the Site, you agree to the following restrictions with respect to such acquired Content and the information contained therein:
MyTourGuide makes no representation that any material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export any Content in violation of U.S. export law, regulations and rules. If you access this Site from a location outside of the United States, then you are responsible for compliance with all applicable local laws, regulations and rules.
Technical, maintenance and other issues may make the Site unavailable from time to time. MyTourGuide makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet User's purposes. MyTourGuide may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.
Everything on the Site and everything sold via the Site, including all information, materials, forums, tools and Content is offered by MyTourGuide and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including, but not limited to, the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the generality of the prior statement, MyTourGuide cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.
MYTOURGUIDE DOES NOT REPRESENT OR WARRANT THAT DOWNLOADING CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL, AND DOES NOT REPRESENT OR WARRANT THAT ANY DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. MYTOURGUIDE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE SITE AND DOWNLOADING CONTENT.
Searching for and exploring location-based content involves risk to both persons and property. There are many variables including, but not limited to, road conditions, traffic, weather, fitness level, terrain features and outdoor experience, that must be considered prior to participating in the exploration of location-based content. Be prepared for unexpected hazards and be sure to check the current weather and conditions before heading outdoors. Always exercise common sense and caution. You assume all risks arising in connection with exploring location-based content or any other related activity available through the Site.
In no event shall MyTourGuide or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or any transaction entered hereunder, whether in contract, tort or otherwise, even if MyTourGuide or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of MyTourGuide, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to MyTourGuide in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF MYTOURGUIDE, ITS OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST MYTOURGUIDE IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.
If someone takes MyTourGuide to court as the result of something you did in violation of this Agreement, you will pay for any damages or costs assessed against or incurred by MyTourGuide. In other words, you shall indemnify and hold MyTourGuide harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that MyTourGuide may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.
MyTourGuide is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties.
MyTourGuide owns the design, format and layout of the Site. Any Content obtained through the use of the Site by Users is to be used strictly for personal, non-commercial use. Any and all other uses of the Content posted on the Site is prohibited. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from the Site. Failure to maintain such notices voids the authorization granted above. In granting this authorization, MyTourGuide grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.
The MyTourGuide logo and the names of all MyTourGuide products and/or services as posted on the Site are either trademarks or service marks of MyTourGuide.
This Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of the State of New Hampshire, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Manchester, New Hampshire. The arbitration shall be conducted by a single arbitrator with experience in gps and technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
If anything happens that is beyond the reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. MyTourGuide and its subcontractors and suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
This Agreement is effective until terminated. MyTourGuide may terminate or suspend this Agreement immediately for any reason and without prior notice to you. You may terminate your Membership by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by MyTourGuide. If you choose to terminate your Membership, then the terms of this Agreement regarding any Content you have uploaded remain applicable. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
By completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.
MyTourGuide may change the terms in this Agreement from time to time. When the terms are changed, MyTourGuide will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify MyTourGuide and discontinue your use of the Site. If you use the Site after MyTourGuide has posted a change to these terms on the Site, then you are agreeing to be bound by all of the changes.
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