APP PRIVACY/LIABILITY POLICY
Last updated February 12, 2023
Refunds: Keep in mind a portion of proceeds go to the FMA, a non- profit, and your donation is greatly appreciated. However, if at any time you wish a refund because of a poor internet connection or issue with the app itself you may request one by emailing firstname.lastname@example.org.
Usage Information. When you use our Services our servers automatically record information (“Log Data”), including, but not limited to, your computer’s or your device’s Internet Protocol (“IP”) address, browser type, the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for via our Services, search or download activity, access times and dates, and other statistics. We also record data through use of the App, including data about when tours were taken, which stops were completed or ended, timing, and other relevant data. We use this information to monitor and analyze use of the Services, for the Services’ technical administration, to increase our Services’ functionality and user-friendliness, and to better tailor it to our visitors’ needs.
Cookies. Like many websites and online services, we use “cookies” on our Services to collect information. A cookie is a small data file that we transfer to your smartphone or computer. Most Internet browsers automatically accept cookies. We may use both session cookies and persistent cookies to better understand how you interact with our Services, to save your preferences and personalize the Services for you, to monitor aggregate usage by EscapeMaker, Fulton Market Association, Naima Rauam Users and web traffic routing on our Services and to improve our Services generally. Third parties, may also place or read cookies on your computer. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.
Location Information. With your permission, we may also collect your GPS or other location information. This information is helpful because it enables us to provide location-specific services to you when you use the App, such as telling you about important sites that are near you, or offering content or offers to you. If you choose not to allow us to collect your location information, you will not be able to access the location features of the App.
Sharing and Disclosure. We do not share Personal Information with third parties except as follows:
Compliance with Laws and Law Enforcement. We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect EscapeMaker, Fulton Market Association, Naima Rauam’s rights or property.
EscapeMaker, Fulton Market Association, Naima Rauam is very concerned with safeguarding your information. We employ reasonable physical, technological, and administrative security measures. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security..
Third Party Websites
Our Services contain links to other websites. If you choose to visit a third party website, for instance by “clicking on” a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites or over the choice of which third party sites are linked to using the Services. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Legal Compliance. Although we make every effort to preserve your privacy, we may need to disclose or provide access to your Personal Information if we have a good faith belief that such action is necessary to comply with the law, such as in connection with a judicial proceeding, court order or legal process.
Children:These Services are not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If you are between the ages of 13 and 18, you must have your parent(s)’ or legal guardian(s)’ permission to use the Services. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information and terminate the account.
You agree not to use the Services for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers, or damages our property. You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations.
We will not be responsible, or liable to any third party, for the content, accuracy or legality of any Content posted on the Site and/or the App. Our apps, guide and tours are not licensed or certified by any State agency and we shall be held harmless for any inaccurate information. We reserve the right to disclose your identity to any third party who claims that any Content posted by you on their Site and/or the App constitutes a violation of their intellectual property rights, their right to privacy, or any other rights.
Although it is our intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment or poor Wifi connection
We also reserve the right, in our sole and absolute discretion, at any time and with or without prior notice to you, to suspend, cancel, transfer, or terminate your use of any Services for any reason whatsoever.
Description of the Services
EscapeMaker, Fulton Market Association, Naima Rauam is not responsible to any third party for the substance of any Content posted
Always be aware of your surroundings and the risks inherent in travelling on city streets and sidewalks. It is up to you to ensure that you comply with all traffic and safety laws. Be careful with your personal belongings, especially in unfamiliar areas. If you choose to interact with other users of the Site or the App, you do so entirely at your own risk.
Content Available for a Fee –
Some Content may only be downloaded subject to a fee, as chosen by EscapeMaker, Fulton Market Association, Naima Rauam or the Developer. Payments are due without the need for an invoice, and can be made through the Apple Store using your Apple ID. All payments include VAT or other sales tax where applicable. All payments and refunds are subject to the Apple Store terms and conditions.Until you receive confirmation of payment from Apple, no contract is concluded. Completion of the registration process with EscapeMaker, Fulton Market Association, Naima Rauam is merely an offer to conclude a contract, and does not constitute the conclusion of a contract.
Third Party Websites and Services
The Services may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, (hereinafter “External Services”). EscapeMaker, Fulton Market Association, Naima Rauam does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, EscapeMaker, Fulton Market Association, Naima Rauam does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
EscapeMaker, Fulton Market Association, Naima Rauam disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against EscapeMaker, Fulton Market Association, Naima Rauam with respect to the content or operation of any External Services.
Disclaimer of Warranties
ESCAPEMAKER, FULTON MARKET ASSOCIATION, NAIMA RAUAM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES (INCLUDING TOURS) AVAILABLE ON OR ASSOCIATED WITH THE APP FOR ANY PURPOSE. ALL SUCH MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, OR LICENSE OR CERTIFICATION EXPRESS OR IMPLIED. ESCAPEMAKER, FULTON MARKET ASSOCIATION, NAIMA RAUAM SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ESCAPEMAKER, FULTON MARKET ASSOCIATION, NAIMA RAUAM SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE APP, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE, THE APP OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE APP. YOUR USE OF THE THE APP IS AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL ANY OF ESCAPEMAKER, FULTON MARKET ASSOCIATION, NAIMA RAUAM, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE THE APP, THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR ASSOCIATED WITH THE APP, THE DELAY OR INABILITY TO USE THE APP OR OTHERWISE ARISING IN CONNECTION WITH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE APP, THE DEVELOPER TOURS, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE APP AND/OR THOSE SERVICES.
Ownership of the Site and the App
The App, and all information, materials and content available on the App, including without limitation any trademarks, logos, service marks, trade dress, text, and graphics, is the property of EscapeMaker, Fulton Market Association, Naima Rauam respectively and/or certain third-parties. Nothing contained the App should be construed as granting, by implication or otherwise, any license or right to use any of the information, materials or content available on the App without the written permission of the party that owns such information, materials or content, whether it be EscapeMaker, Fulton Market Association, Naima Rauam or a third party.
Revisions and Errata
The materials appearing the App could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the App are accurate, complete, or current. We may make changes to the materials contained on the App at any time without notice. We do not, however, make any commitment to update the materials.
Any comments or feedback you provide to EscapeMaker, Fulton Market Association, Naima Rauam regarding the Site, the App or EscapeMaker, Fulton Market Association, Naima Rauam’ services are deemed to be non-confidential. This includes suggestions, ideas, comments or other submissions to EscapeMaker, Fulton Market Association, Naima Rauam, whether through the Site or otherwise. EscapeMaker, Fulton Market Association, Naima Rauam shall be free to use such comments or feedback on an unrestricted basis, without compensation to you. You agree that no comments or feedback submitted by you to EscapeMaker, Fulton Market Association, Naima Rauam will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.
EscapeMaker, Fulton Market Association, Naima Rauam takes copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the App infringe your copyright, you may request removal of those materials (or access to them) from the Site or the App by submitting written notification to email@example.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site or the App, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the App is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is the policy of EscapeMaker, Fulton Market Association, Naima Rauam to terminate the User accounts of repeat infringers.
Jurisdiction and Governing Laws
You agree that EscapeMaker, Fulton Market Association, Naima Rauam may at any time and without notice change the terms, conditions and notices under which the App is offered. EscapeMaker, Fulton Market Association, Naima Rauam reserves the right in its sole discretion to deny access to the App or any portion of each to any person or user without notice.
You agree that no joint venture, partnership, employment or agency relationship exists between you and EscapeMaker, Fulton Market Association, Naima Rauam as a result of this agreement or your use of the App.
EscapeMaker, Fulton Market Association, Naima Rauam’ performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of EscapeMaker, Fulton Market Association, Naima Rauam’ right to comply with law enforcement requests or requirements relating to your use of the App or information provided to or gathered by EscapeMaker, Fulton Market Association, Naima Rauam with respect to such use.
This privacy notice for EscapeMaker.com, Inc. (“Company,” “we,” “us,” or “our”), describes how and why we might collect, store, use, and/or share (“process”) your information when you use our services (“Services”), such as when you:
- Download and use our mobile application (The Seaport Artwalk), or any other application of ours that links to this privacy notice
• Engage with us in other related ways, including any sales, marketing, or events
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at Webmaster@escapemaker.com.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with EscapeMaker.com, Inc. and the Services, the choices you make, and the products and features you use.
Do we process any sensitive personal information? We do not process sensitive personal information. Do we receive any information from third parties? We do not receive any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
How do you exercise your rights? The easiest way to exercise your rights is by contacting us. We will consider and act upon any request in accordance with applicable data protection law
- WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us In Short: We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use.
The personal information we collect may include the following:
• email addresses for just the The Seaport ArtWalk App
- Other info volunarily provided only for sweepstakes on EscapeMaker.com
Sensitive Information. We do not process sensitive information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is stored by Paypal. You may find their privacy notice link(s) here: //www.paypal.com/us/legalhub/privacy-full.All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
- HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
• To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
- WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We may share information in specific situations described in this section and/or with the following third parties.
We may need to share your personal information in the following situations:
• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
In Short: We are not responsible for the safety of any information that you share with third parties that we may link to or who advertise on our Services, but are not affiliated with, our Services.
The Services may link to third-party websites, online services, or mobile applications and/or contain advertisements from third parties that are not affiliated with us and which may link to other websites, services, or applications. Accordingly, we do not make any guarantee regarding any such third parties, and we will not be liable for any loss or damage caused by the use of such third-party websites, services, or applications. The inclusion of a link towards a third-party website, service, or application does not imply an endorsement by us. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy notice. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Services. You should review the policies of such third parties and contact them directly to respond to your questions.
- HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 2 years.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
- HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
- DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at Webmaster@escapemaker.com.
- WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: //ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are located in Switzerland, the contact details for the data protection authorities are available here: //www.edoeb.admin.ch/edoeb/en/home.html.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
If you have questions or comments about your privacy rights, you may email us at Webmaster@escapemaker.com.
- CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
- DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
- DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
- HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at Webmaster@escapemaker.com or by post to:
91 South St.
New York, NY 10038
- HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
You have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please email firstname.lastname@example.org
ADDITIONAL ESCAPEMAKER & APP TERMS & CONDITIONS
Sweepstakes, Contests & Liability
By submitting an entry to win a contest or prize from Escapemaker.com or purchasing or booking a travel package, you release Escapemaker.com and its vendors and/or donators of this prize from any liability should any losses occur before, after, in transit to and from, during or relating to the prize redemption including but not limited to thefts, injuries, deaths, or acts of God. Winner will forfeit prize if not redeemed according to specific contest rules and within 6 months of winning notification. Must be at least 21 years old to enter and to win prize. You give EscapeMaker your permission to use your likeness and any social media photos posted on your public account tagged with @ or #EscapeMaker to be used in connection with the prize or EscapeMaker promotion. All winners are chosen with 90 days of Sweeps launch.
Escapemaker’s database of business listings is just that, a database. Since we provide a free listing to any tourism business that requests one, we are not able to verify the quality and conditions of these businesses. Therefore a business listed in our database is by no means endorsed or recommended and we are not responsible for any loss or damage that may occur as a result of patronizing these businesses. In the case of lodging, we strongly recommend you check with the state hotel/motel association or bed and breakfast association which monitors accredited lodgings and quality standards before making a reservation. For a list of associations, see “about us”.
Definition of “Content”
Purpose of Content
You will use the content included in this site only for your own information, and not for any other purposes, such as sales, marketing, data mining, promotion, generating leads, or the like.
Re-use of Content
All of the content of our site is the property of EscapeMaker and/or its content suppliers, and such content is protected by the copyright laws of the United States and by international copyright law.
Regarding Accuracy of Content, we will make our best efforts to provide only accurate and up-to-date information in this site, including prices, availability, conditions and the like. However, you acknowledge that, although we will make our best efforts to be accurate and up-to-date with all the information we provide, all such information is subject to change, correction, updating, etc.
You will not hold us accountable if any information is incorrect or out-of-date. You accept both a) the responsibility to verify all information directly with merchants, vendors, service providers, etc. and b) full liability for your failure to verify information appropriately.
You acknowledge that we are free to monitor postings for many reasons (one example being obscenity), and to exercise our own judgment in rejecting any posting that we feel is inappropriate. You agree that you will have no claim against us if we decide to reject, in whole or in part, any material you submit for posting, regardless of the timing of our decision not to allow such material you submit for posting, regardless of the timing of our decision not to allow such material on our site, or to remove same after its initial posting.
Although we will strive to monitor postings appropriately, we assume no responsibility for any material posted by visitors to our site, including, without limitation, any responsibility for a) the accuracy, decency, fairness, politeness etc. of such postings, b) the legal right of the individual (s) postings such material to do so, or c) any third parties’ claims connected in any way with such postings.
Payment Terms & Conditions
In using this website or app you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. There are specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations The information on this web site and app is provided on an “as is” basis. To the fullest extent permitted by law, this Company: Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
All major Credit/Debit Cards and PayPal are all acceptable methods of payment. Our Terms are payment on demand. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $5000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Cancellation Policy For Tours
Wednesday cancellation required before tour dates reserved, otherwise you will be charged a fee for no show. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Availability Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files We use IP addresses to analyze trends. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website and app.
This Company’s logo is a registered trademark of this Company in the United States. The brand names and specific services of this Company featured on this web site and app are trade marked.
Communication We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
This company is registered in New York State
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the United States govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the US courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or app an/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Packages Refunds Policy
(1) We understand that from time to time you may wish to request a refund. You have 14 business days in which to do so in order to obtain a full refund on a package. Otherwise, any advertising or package is non-refundable but fully transferrable.
In order to take advantage of your rights under this returns policy, you must send an email to email@example.com within 14 days of purchase.
The following may not be returned under this policy:
(a) If you have used any portion of the package
We will give you a refund for the full price of advertising or package purchased or exchange for a similar product based on your preference.