Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
If you are using the site, application or services you are contracting with TimeTravlr, Inc.
THIS SITE, APPLICATION AND SERVICES COMPRISE AND ONLINE PLATFORM THROUGH WHICH AMBASSADORS MAY PROVIDE RECOMMENDATIONS (DEFINED BELOW) AND TRAVELERS (DEFINED BELOW) MAY LEARN ABOUT AND ARRANGE TRANSPORTATION TO LISTED RECOMMENDATIONS. YOU UNDERSTAND THAT TIMETRAVLR IS NOT A PARTY TO ANY AGREEMENT BETWEEN TRAVELERS AND TRANSPORTATION PROVIDERS, NOR IS TIMETRAVLR A TRAVEL AGENT OR INSURER. TIMETRAVLR HAS NO CONTROL OVER THE CONDUCT OF AMBASSADORS, TRAVELERS, TRANSPORTATION PROVIDERS AND OTHER USERS OR THE SITE, APPLICATION AND SERVICES OR ANY RECOMMENDATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“TimeTravlr Content” means all content that TimeTravlr makes available through the Site, Application or Services.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Traveler” means a Member who requests a Recommendation via the Site, Application or Services.
“Ambassador” means a Member who provides a Recommendation via the Site, Application or Services.
“Recommendation” means an event or venue that is listed by a Ambassador as available for providing hospitality, tourism or entertainment via the Site, Application or Services.
“Member” means a person who completes TimeTravlr’s account registration process, including but not limited to Travelers and Ambassadors, as described under Account Registration below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer to and apply to that company or other legal entity.
TimeTravlr reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with Notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
Operations of Site, Application and Services
The Site, Application and Services can be used to facilitate the listing, discovery and transportation to events and establishments providing tourism, culture, hospitality and entertainment (“Recommendations”). Such recommendations are contributed by Ambassadors via the Site. You may view curated Recommendations and request transportation thereto via the Application. If you wish to arrange transportation to a Recommendation, or to create a listing you must to create a TimeTravlr Account (defined below).
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO CONNECT TRAVELERS WITH RECOMMENDATIONS VIA TRANSPORTATION FROM A THIRD-PARTY PROVIDER. TIMETRAVLR DOES NOT CONTROL THE OPERATIONS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY RECOMMENDATIONS OR TRANSPORTATION PROVIDERS. TIMETRAVLR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RECOMMENDATIONS AND THE TRANSPORTATION THERETO. ACCORDINGLY, ANY TRIPS WILL BE MADE AT THE TRAVELER’S OWN RISK.
In order to access certain features of the Site and Application, and to arrange transportation to a Recommendation or create a Recommendation, you must register to create an account (“TimeTravlr Account”) and become a Member. You may register to join the Services directly via the Site or Application.
As a Member, you may create Recommendations. To create an event Recommendation, you will be asked to provide information regarding an event or venue including but not limited to, location, capacity and description. In order to be included on the Application, all Recommendations must have a physical address. TimeTravlr may select featured recommendations based upon various criteria such as location, description and other features of the recommendation. Other Members will be able to discover your Recommendation and arrange transportation to that location.
You acknowledge that you are responsible for any and all Recommendations you post. Accordingly, you represent and warrant that any event you post will (i) not breach any agreements you have entered into with any parties, such as lease agreements, promotional agreements or ticketing agents and (ii) will be in compliance with all applicable laws. Please note that TimeTravlr assumes no responsibility for a Ambassador’s compliance with any agreements with or duties to third parties, applicable laws, rules regulations. TimeTravlr reserves the right, at anytime and without prior notice, to remove or disable access to any Recommendation for any reason, including Recommendations that TimeTravlr, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or TimeTravlr’s then-current policies or otherwise harmful to the Site, Application or Services.
TimeTravlr may feature certain Recommendations for listing on the Application. This curation does not constitute an endorsement. Members are required by these Terms to provide accurate information, and although TimeTravlr may undertake additional checks and processes designed to help verify or check the credibility of Ambassadors and Recommendations, we do not make any representations about, confirm or endorse any Member or Recommendation.
Any references in the Site, Application or Services to a Recommendation being “verified” (or similar language” only indicate that the Ambassador has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by TimeTravlr about any Ambassador, including of the Ambassador’s identity and whether the Ambassador is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate the suitability of a Recommendation.
By using the Site, Application or Services, you agree that any legal remedy that you seek to obtain for actions, omissions, incidents or damages of Members, Transportation Providers or other third parties will be limited to a claim against the Members, Transportation Providers or other third parties who caused you harm. You agree not to impose liability on or seek any legal remedy from TimeTravlr with respect to such actions, omissions, incidents or damages.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations that may apply to the Site, Application, Services and Content. In addition, you are responsible for compliance with any laws, rules, regulations that may apply to Transportation Carriers. In connection with your use of the Site, Application, Services and Collective Content, 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;
use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages services contained in the Site, Application, Services or Collective Content;
use the Site, Application, Services or Content for any commercial or other purposes that are 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 our Site, Application or 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 of technology;
use our Site, Application, Services or Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to tourism, hospitality or entertainment;
as a Ambassador, submit an recommendation with false or misleading information;
use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Content;
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; Iiv) is defamatory, obscene, pornographic, vulgar or offensive; 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 our Site, Application, or 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 the Site, Application, Services or Content, or any individual element within the Site, Application, Services or Content, TimeTravlr’s name, any TimeTravlr trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without TimeTravlr’s express written consent;
access, tamper with, or use nonpublic areas of the Site, Application or Srvices, TimeTravlr’s computer systems, or the technical delivery systems of TimeTravlr’s providers;
attempt to probe, scan or test the vulnerability of any TimeTravlr system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TimeTravlr or any of TimeTravlr’s providers or any other third party (including another user) to protect the Site, Application, Services or 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 Site, Services, Application or Content to send altered, deceptive or false source-indentifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Content; or
advocate, encourage or assist any third party in doing any of the foregoing.
TimeTravlr has the right to investigate and prosecute any of the above to the fullest extent of the law.
TimeTravlr may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against TimeTravlr or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) fraud protection, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of TimeTravlr, its users, or members of the public. You acknowledge that TimeTravlr has no obligation to monitor your access to or use of Site, Application, Services or Content or to review or edit any member content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other government body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. TimeTravlr reserves the right, at any time and without prior notice, to remove or disable access to any Content that TimeTravlr, at its sole discretion, considers to be objectionable for any reason, in violation of these terms or otherwise harmful to the Site, Application or Services.
Sourcing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
You acknowledge and agree that (i) these Terms are concluded between you and TimeTravlr only, and not Apple, and (ii) TimeTravlr, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between TimeTravlr and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TimeTravlr.
You and TimeTravlr acknowledge that, as between TimeTravlr and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and TimeTravlr acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between TimeTravlr and Apple, TimeTravlr, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and TimeTravlr acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
The Site, Application, Services and Content are protected by copyright, trademark and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Content, including all associated intellectual property rights, are the exclusive content of TimeTravlr and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services or Content.
Subject to your compliance with these terms, TimeTravlr grants you a limited non-exclusive, non-transferable license, to download and install on a single mobile device or computer that you own or control and run such a copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sources Application (defined below), you will only use the App Store Sourced Application. TimeTravlr reserves all rights in the Application not expressly granted to you by these Terms.
TimeTravlr Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, TimeTravlr grants you a limited, non-exclusive, non-transferable license, to (i) access and view any TimeTravlr Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TimeTravlr or its licensors, except for the licenses and rights expressly granted in these terms.
We may, in our sole discretion, permit you to post upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application or Services, you hereby grant to TimeTravlr 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, through, by means of or market the Site, Application and Services. TimeTravlr does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights 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 Site, Application and 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 Site, Application and Services or you have the rights, licenses, consents and releases that are necessary to grant to TimeTravlr the rights in such Member Content, as contemplated under these terms; and (ii) and neither the Member Content nor your posing, uploading, publication, submission or transmittal of the Member Content or TimeTravlr’s use of the Member Content (or any portion thereof) on, through or by means of any Site, Application and the Services will infringe misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral right or other proprietary intellection property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that TimeTravlr is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TimeTravlr of such websites or resources or the content, products or services available from such websites our resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
IF YOU CHOOSE TO USE THE SITE APPLICATION, SERVICES OR CONTENT, YOU DO SO AT YOUR SOLE RISK. THE SITE, APPLICATION, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TIMETRAVLR MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES OR CONTENT, INCLUDING, BUT NOT LIMITED TO, RECOMMENDATIONS OR TRANSPORTATION SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TIMETRAVLR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY EVENT, VENUE, TRANSPORTATIONS SERVICES, CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TIMETRAVLR OR THROUGH THE SITE, APPLICATION, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND CONTENT, YOUR LISTING OR DISCOVERY OF RECOMMENDATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR ARRANGING OF TRANSPORTATION SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TIMETRAVLR OR TRANSPORTATION CARRIERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TIMETRAVLR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, APPLICATION, CONTENT OR THE TRANSPORTATION SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGES OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR TRANSPORTATION, WHETHER BASED ON WARRANTY CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TIMETRAVLR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ESSENTIAL PURPOSE.
You agree to release, defend, indemnify and hold TimeTravlr and its affiliate and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services or Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) request for transportation, or (iii) creation of a Recommendation.
These Terms constitute the entire and exclusive understanding and agreement between TimeTravlr and you regarding the Site, Application, Services, Content and any listing, discovery or transportation to Recommendations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TimeTravlr and you regarding discovery or listing of Recommendations, the Site, Application, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without TimeTravlr’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TimeTravlr may assign or transfer these Terms, at its sole discretion, without restriction. Subject to these foregoing, these Terms will bind and inure to the benefit of the parties, their successor and permitted assigns.
Controlling Law and Jurisdiction
These terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for an actions for which the parries retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets patents, or other intellectual property rights.