MY TOOUR


Terms of Use


Effective Date : on March 8, 2013

 

By using the mytoour.com website and My Toour service you are agreeing to be bound by the following terms and conditions ("Terms of Use").


Basic Terms

  1. You must be 13 years or older to use this site.
  2. You may not post nude, partially nude, or sexually suggestive photos.
  3. You are responsible for any activity that occurs under your screen name.
  4. You are responsible for keeping your password secure.
  5. You must not abuse, harass, threaten, impersonate or intimidate other MyToour users.
  6. You may not use the My Toour service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the My Toour service.
  8. You must not modify, adapt or hack My Toour or modify another website so as to falsely imply that it is associated with My Toour.
  9. You must not access My Toour's private API by any other means other than the My Toour application itself.
  10. You must not crawl, scrape, or otherwise cache any content from My Toour including but not limited to user profiles and photos.
  11. You must not create or submit unwanted email or comments to any My Toour members ("Spam").
  12. You must not use web URLs in your name without prior written consent from My Toour, inc.
  13. You must not transmit any worms or viruses or any code of a destructive nature.
  14. You must not, in the use of My Toour, violate any laws in your jurisdiction (including but not limited to copyright laws).
  15. Violation of any of these agreements will result in the termination of your My Toour account. While My Toour prohibits such conduct and content on its site, you understand and agree that My Toour cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the My Toour service at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the My Toour service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Proprietary Rights in Content on My Toour

  1. My Toour does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the My Toour Services. By displaying or publishing ("posting") any Content on or through the My Toour Services, you hereby grant to My Toour a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the My Toour Services.
  2. Some of the My Toour Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that My Toour may place such advertising and promotions on the My Toour Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You represent and warrant that: (i) you own the Content posted by you on or through the My Toour Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the My Toour Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the My Toour Services.
  4. The My Toour Services contain Content of My Toour ("My Toour Content"). My Toour Content is protected by copyright, trademark, patent, trade secret and other laws, and My Toour owns and retains all rights in the My Toour Content and the My Toour Services. My Toour hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the My Toour Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the My Toour Services.
  5. The My Toour Services contain Content of Users and other My Toour licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the My Toour Services.
  6. My Toour performs technical functions necessary to offer the My Toour Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the My Toour Services.
  7. Although the Site and other My Toour Services are normally available, there will be occasions when the Site or other My Toour Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of My Toour. Also, although My Toour will normally only delete Content that violates this Agreement, My Toour reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by My Toour in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, My Toour encourages you to maintain your own backup of your Content. In other words, My Toour is not a backup service. My Toour will not be liable to you for any modification, suspension, or discontinuation of the My Toour Services, or the loss of any Content.

Rights

  1. My Toour does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to My Toour a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here; Privacy Policy, including but not limited to sections ("Sharing of Your Information"), and ("How We Store Your Information"). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.
  2. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that My Toour may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  4. You represent and warrant that: (1) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (2) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (3) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (4) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  5. The Service contains content owned or licensed by My Toour ("My Toour Content"). My Toour Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and My Toour, My Toour owns and retains all rights in the My Toour Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the My Toour Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the My Toour Content.
  6. The My Toour name and logo are trademarks of My Toour, and may not be copied, imitated or used, in whole or in part, without the prior written permission of My Toour, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of My Toour, and may not be copied, imitated or used, in whole or in part, without prior written permission from My Toour.
  7. Although it is My Toour's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, My Toour reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by My Toour, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, My Toour encourages you to maintain your own backup of your Content. In other words, My Toour is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. My Toour will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  8. You agree that My Toour is not responsible for, and does not endorse, Content posted within the Service. My Toour does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  9. Except as otherwise described in the Service's Privacy Policy, available at Privacy Policy, as between you and My Toour, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with My Toour is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place My Toour in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of My Toour, and My Toour will not be liable for any use or disclosure of any Content you provide.
  10. It is Ins My Toour's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, My Toour does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that My Toour is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Reporting Copyright and Other IP Violations

  1. We respect other people's rights, and expect you to do the same.
  2. We provide you with tools to help you protect your intellectual property rights.
  3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

 

Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, MY TOOUR CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MY TOOUR NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "MY TOOUR PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE MY TOOUR CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MY TOOUR OR VIA THE SERVICE. IN ADDITION, THE MY TOOUR PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE MY TOOUR PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE MY TOOUR PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE MY TOOUR PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MY TOOUR PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE MY TOOUR PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

 

 

 

MY TOOUR


Terms(Rules) of Advertising


Effective Date : March 8 , 2013

 

Our Advertising Guidelines consist of advertising content criteria, community standards, and other applicable requirements.

  1. Ads must not contain false, misleading, fraudulent, or deceptive claims or content.
  2. Ads may not position products or services in a sexually suggestive manner. Ads may not contain content that exploits political agendas or "hot button" issues for commercial use. Additionally, ad text must include proper grammar and the use of all symbols, numbers, or letters must adhere to the true meaning of the symbol.
  3. Ads must clearly represent the company, product, service, or brand that is being advertised. Products and services promoted in the ad copy must be clearly represented on the landing page, and the destination site may not offer or link to any prohibited product or service. Additionally, ads may not suggest false relevancy to generic offers.
  4. Ads for regulated goods and services (e.g. alcohol and gambling), must abide by all applicable laws, regulations, and industry codes. Ads that promote or reference alcohol are prohibited in the following countries: Afghanistan, Brunei, Bangladesh, Egypt, Gambia, Kuwait, Libya, Norway, Pakistan, Russia, Saudi Arabia, United Arab Emirates, Yemen and any other jurisdiction where such ads are prohibited by law.
  5. Advertisers must ensure that their ads comply with all applicable laws, regulations and guidelines. All claims in ads must be adequately substantiated. Ads must not offend users. Ads and any offers promoted within ads must not be false, deceptive or misleading or contain spam. Ads must not contain or promote illegal products or services. Ads must not violate the rights of any third parties.
  6. Ads may not promote or facilitate the sale or consumption of illegal or recreational drugs, tobacco products, or drug or tobacco paraphernalia.
  7. Ads must not promote the sale of prescription pharmaceuticals.
  8. Ads may not contain or link directly or indirectly to a site that contains spyware/malware downloads or any software that results in an unexpected, deceptive or unfair user experience, including.
  9. Ads may not promote the sale or use of weapons, ammunition, or explosives.
  10. Ads, or categories of ads, that receive a significant amount of negative user feedback, or are otherwise deemed to violate our community standards, are prohibited and may be removed. In all cases, Mytoour reserves the right in its sole discretion to determine whether particular content is in violation of our community standards.
  11. Ads may not constitute, facilitate or promote illegal activity.
  12. Ads may not insult, attack, harass, bully, threaten, demean or impersonate others.
  13. Ads may not contain "hate speech," whether directed at an individual or a group, based on membership within certain categories. These categories include, but are not limited to, race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language.
  14. Ads may not contain adult content, including nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
  15. Ads may not be shocking, sensational or disrespectful, or portray excessive violence.
  16. Ads may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
  17. We reserve the right to reject, approve or remove any ad for any reason, in our sole discretion, including ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy. These guidelines are subject to change at any time.

If you have any questions about publication of advertisements please contact us directly at advertise@mytoour.com

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