TERMS OF SERVICES
Date of last review: 19 September 2007
Welcome to Tuc Tuk - People City Guide.
“Tuc Tuk- People City Guide” (hereinafter “Tuc Tuk) is the company that operates the Site and provides the Services of tuctuk.com (hereinafter the “Website”). The Company has its social address in Madrid, Spain, Dionisio Inca Yupanqui 81, 28043 and it is registered in Registro Mercantil de Madrid. The purpose of the company is to create an online community and city guide for travelers around the world.
These Terms of Services set out the legally required conditions with respect to your use and our provision of Website. Before you register as a member in Tuc Tuk, we ask you to read them carefully.
Your access to our website constitutes that you understand and agree to be bound by this document and all applicable laws and regulations. You also accept that Tuc Tuk has the right to modify these Terms of Services, the Site or the Service with out further notice, and you consent to read these Terms periodically in order to be aware of any change.
1. USERS
Eligibility
Tuc Tuk´s website is intended for users who are 18 years of age or older. Any registration by anyone who is under 18 is unauthorized, unless you use this website under the supervision of an adult who has agreed to these Terms of Services.
Registration
By registering as a member, accessing to our Site or using our Service (hereinafter “User”) you agree to:
Please note that Tuc Tuk reserves the right to prohibited registration or to cancel any user account in its discretion.
2. The use of Website
You understand and agree that as a user you are not allowed to:
3. User Content
By accepting these Terms of Service, you agree to be fully responsible for any picture, message, material or any kind of information (hereinafter “Content”) that you submit, upload, publish, display, share, post or make available (hereinafter “Post”) through this Website and to comply with all the laws applicable to such posted Content.
You also understand and accept that you are not allowed to post content on this Website:
Tuc Tuk may review, delete or remove any posted Content in its sole discretion and with out further notice. You are solely responsible for creating backup copies and replacing any content you post on this Site/Service. Furthermore, Tuc Tuk does not control the information posted by third parties through this Website and does not guarantee the integrity, accuracy or quality of such Content. Therefore, Tuc Tuk is not liable, under any circumstances, for errors, omissions, losses or damages incurred as a result of your use of any Content.
4. Third Party Content
This Site and Service contains links to other web sites and content from other parties, (hereinaftter “Third Party Sites and Content”). The Company has not reviewed all the Third Party Sites linked to its website and it is not responsible for any Third Party Content including, without limitation, its accuracy, reliability or privacy practices. The inclusion of such Third Party Sites and Content in this Website does not imply, by any means, approval or endorsement by Tuc Tuk. Moreover, Tuc Tuk does not have any liability, obligation or responsibility for any commercial transaction between a user and a Third Party engaged through this Website.
Third Party Sites and Content Providers
As a user, you are allowed to share and post links to Third Party Sites and Content. By doing so, you understand and agree that all links, User Content or Third Party Content shared through the Website Service is subject to the applicable sections of these Terms of Services.
You also understand, accept and agree:
All Content on this Website, including design, text, images, logos, buttons, software, brands or any other symbol subject to copy right, are the proprietary property of Tuc Tuk, its users or its licensors with all rights reserved. Such Content may not be modified, copied, distributed, framed, reproduced, downloaded, transmitted or sold in any form with out the author's written permission.
As a user, you are granted a limited license to access and use the Website, and to temporarily download or print a copy of any portion of the Content for your personal, non-commercial viewing only. This license is revocable at any time without notice and with or without cause.
Copyright Complaints
Tuc Tuk respects the intellectual property rights of others and we prohibit Users from Posting Content than violate another party's intellectual property rights.
If you believe that any Content on this Website infringes upon any copyright with your own or control, we ask you to send us a written notification of such infringement containing the following information:
Javier Suárez
872 Massachusetts Avenue Apt. 804
Cambridge, MA 02139
USA
Tuc Tuk compromises to remove or disable access to the allegedly infringing Content, and to terminate the account of repeated infringes.
6. Privacy
Your privacy is very important to Tuc Tuk. Please read our Privacy Policy to understand how we collect, use, communicate and make use of your personal information.
Tuc Tuk is committed to conducting business in accordance with these principles and those stated in the “Ley Orgánica de Protección de Datos de Carácter Personal” (Madrid, Spain) in order to ensure that the confidentiality of personal information is protected and maintained.
7. Disclaimers
The Site and Service is provided by Tuc Tuk on an “as is” basis. Tuc Tuk makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights. Further, Tuc Tuk does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on its Website or otherwise relating to such content or on any sites linked to this site. It is also not responsible for the conduct of any user of this Website.
Tuc Tuk does not warrant that the Site and Service will be available at any time, will be secure or error-free, that defects will be corrected or that the Service is free of viruses or other potentially harmful components. You are responsible for any Content downloaded or obtained though the use of this Website. Such Content is accesses at your own discretion and risk and you are solely responsible for any damage to your computer system or data. Tuc Tuk also does not warrant that any of the Content on its web site is accurate, complete, or current and it reserves the right to make changes to the Content, software and other items contained on its Website at any time without notice.
Limitations on liability
In no event shall Tuc Tuk its directors, employees, agents or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Content on this Website, even if Tuc Tuk or one of its authorized representatives has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
8. Legislation and Arbitration
You agree that any claim relating to Tuc Tuk ´s web site or these Terms of Service shall be governed by the laws of the State of Madrid, Spain without regard to its conflict of law provisions.
You and Tuc Tuk accept that the exclusive forum for any and all disputes and claims relating in any way to these Terms of Services, the Site or Service shall be final and binding arbitration. The Arbitration shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules.
You also agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, partners and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Website, the violation of these Terms of Service by you, or the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
These Terms of Use constitute the entire agreement between you and Tuc Tuk regarding the use of the Website. The failure of Tuc Tuk to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision in that or any other instance.
Tuc Tuk, in its sole discretion, reserves the rights to investigate and take appropriate legal action against any one who violates these Terms of Services. Tuc Tuk also may prohibit registration, cancel accounts or delete profiles and any Content that user have posted on the Site for any reason, or no reason, at any time in its sole discretion and without notice.
Date of last review: 19 September 2007
Welcome to Tuc Tuk - People City Guide.
“Tuc Tuk- People City Guide” (hereinafter “Tuc Tuk) is the company that operates the Site and provides the Services of tuctuk.com (hereinafter the “Website”). The Company has its social address in Madrid, Spain, Dionisio Inca Yupanqui 81, 28043 and it is registered in Registro Mercantil de Madrid. The purpose of the company is to create an online community and city guide for travelers around the world.
These Terms of Services set out the legally required conditions with respect to your use and our provision of Website. Before you register as a member in Tuc Tuk, we ask you to read them carefully.
Your access to our website constitutes that you understand and agree to be bound by this document and all applicable laws and regulations. You also accept that Tuc Tuk has the right to modify these Terms of Services, the Site or the Service with out further notice, and you consent to read these Terms periodically in order to be aware of any change.
1. USERS
Eligibility
Tuc Tuk´s website is intended for users who are 18 years of age or older. Any registration by anyone who is under 18 is unauthorized, unless you use this website under the supervision of an adult who has agreed to these Terms of Services.
Registration
By registering as a member, accessing to our Site or using our Service (hereinafter “User”) you agree to:
- Provide accurate, current and complete registration information.
- Maintain any information you provide to Tuc Tuk accurate, current and complete at all times. You are fully responsible for any false declaration or inaccurate information that you post on the Site and for the damages that this may cause to the company or any other person.
- Register for only one user account.
- Be fully responsible for the use of your account and for any action that take place using that account.
- Maintain the confidentiality of your password and log out properly when you finish your session.
- Notify Tuc Tuk of any unauthorized use of your account or password.
- Use this Website and its information for personal, non-commercial, purposes only.
- Not to upload pictures or make any comment considered to be harmful, threatening, abusive or obscene regarding other users or our partners.
Please note that Tuc Tuk reserves the right to prohibited registration or to cancel any user account in its discretion.
2. The use of Website
You understand and agree that as a user you are not allowed to:
- Use a false name or use an e-mail address owned by another person.
- Solicit or collect private information of other members for commercial or unlawful purposes.
- Use this site to transfer illegal, threatening or obscene materials.
- Transmit unwanted electronic communications or unauthorized promotional materials to other members of this Website, including “junk mail”, “spam” or any other form of solicitation that may interfere with the enjoyment of this Site and Service.
- Use or make available through this Website any software that might contain viruses, codes, files or programs designed to harm, interrupt, or limit the functionality of the Website or any computer, telecommunication equipment, system or network.
- Use automated scripts or any other device to access or retrieve information or that attempts to interfere with the proper working of this Website.
- Make available private or personal information of any third party.
- Violate any law or infringe upon the rights of any third party including copyrights, publicity or other personal or proprietary rights.
- Remove any proprietary rights notices contained in our Website.
- Copy, distribute, modify, adapt or translate any portion of this Website without the authorization of Tuc Tuk.
- Use this Website to violate any applicable local, state, national or international law.
3. User Content
By accepting these Terms of Service, you agree to be fully responsible for any picture, message, material or any kind of information (hereinafter “Content”) that you submit, upload, publish, display, share, post or make available (hereinafter “Post”) through this Website and to comply with all the laws applicable to such posted Content.
You also understand and accept that you are not allowed to post content on this Website:
- Considered to be unlawful, harmful, threatening, abusive, obscene, invasive of privacy, intimidating or otherwise objectionable.
- That promotes illegal activity, harasses or advocates harassment of another person.
- That infringes or violates the intellectual property, publicity, privacy or other rights of any party.
- That falsely express or imply that it is sponsored or endorsed by the Company.
Tuc Tuk may review, delete or remove any posted Content in its sole discretion and with out further notice. You are solely responsible for creating backup copies and replacing any content you post on this Site/Service. Furthermore, Tuc Tuk does not control the information posted by third parties through this Website and does not guarantee the integrity, accuracy or quality of such Content. Therefore, Tuc Tuk is not liable, under any circumstances, for errors, omissions, losses or damages incurred as a result of your use of any Content.
4. Third Party Content
This Site and Service contains links to other web sites and content from other parties, (hereinaftter “Third Party Sites and Content”). The Company has not reviewed all the Third Party Sites linked to its website and it is not responsible for any Third Party Content including, without limitation, its accuracy, reliability or privacy practices. The inclusion of such Third Party Sites and Content in this Website does not imply, by any means, approval or endorsement by Tuc Tuk. Moreover, Tuc Tuk does not have any liability, obligation or responsibility for any commercial transaction between a user and a Third Party engaged through this Website.
Third Party Sites and Content Providers
As a user, you are allowed to share and post links to Third Party Sites and Content. By doing so, you understand and agree that all links, User Content or Third Party Content shared through the Website Service is subject to the applicable sections of these Terms of Services.
You also understand, accept and agree:
- Not to post links to Third Party Sites and Content: - Considered to be unlawful, harmful, threatening, abusive, obscene, invasive of privacy, intimidating or otherwise objectionable.
- To defend, indemnify and hold Tuc Tuk, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, arising out of or in connection with such Third Party Sites and Content.
- To grant to Tuc Tuk an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license to use, copy, publicly perform, digitally perform, publicly display, reformat, translate and distribute such Third Party Content, and to prepare derivative works of, or incorporate into other works, such Content for any purpose in connection with the Site
- That promotes illegal activity, harasses or advocates harassment of another person.
- That infringes or violates the intellectual property, publicity, privacy or other rights of any party.
- That falsely express or imply that it is sponsored or endorsed by the Company.
All Content on this Website, including design, text, images, logos, buttons, software, brands or any other symbol subject to copy right, are the proprietary property of Tuc Tuk, its users or its licensors with all rights reserved. Such Content may not be modified, copied, distributed, framed, reproduced, downloaded, transmitted or sold in any form with out the author's written permission.
As a user, you are granted a limited license to access and use the Website, and to temporarily download or print a copy of any portion of the Content for your personal, non-commercial viewing only. This license is revocable at any time without notice and with or without cause.
Copyright Complaints
Tuc Tuk respects the intellectual property rights of others and we prohibit Users from Posting Content than violate another party's intellectual property rights.
If you believe that any Content on this Website infringes upon any copyright with your own or control, we ask you to send us a written notification of such infringement containing the following information:
- Name, contact information and signature (physical or electronic) of a person authorized to act of behalf the owner of the infringed copyright.
- Identification of the Content being infringed, including information regarding its location on the Site.
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Javier Suárez
872 Massachusetts Avenue Apt. 804
Cambridge, MA 02139
USA
Tuc Tuk compromises to remove or disable access to the allegedly infringing Content, and to terminate the account of repeated infringes.
6. Privacy
Your privacy is very important to Tuc Tuk. Please read our Privacy Policy to understand how we collect, use, communicate and make use of your personal information.
Tuc Tuk is committed to conducting business in accordance with these principles and those stated in the “Ley Orgánica de Protección de Datos de Carácter Personal” (Madrid, Spain) in order to ensure that the confidentiality of personal information is protected and maintained.
7. Disclaimers
The Site and Service is provided by Tuc Tuk on an “as is” basis. Tuc Tuk makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights. Further, Tuc Tuk does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on its Website or otherwise relating to such content or on any sites linked to this site. It is also not responsible for the conduct of any user of this Website.
Tuc Tuk does not warrant that the Site and Service will be available at any time, will be secure or error-free, that defects will be corrected or that the Service is free of viruses or other potentially harmful components. You are responsible for any Content downloaded or obtained though the use of this Website. Such Content is accesses at your own discretion and risk and you are solely responsible for any damage to your computer system or data. Tuc Tuk also does not warrant that any of the Content on its web site is accurate, complete, or current and it reserves the right to make changes to the Content, software and other items contained on its Website at any time without notice.
Limitations on liability
In no event shall Tuc Tuk its directors, employees, agents or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Content on this Website, even if Tuc Tuk or one of its authorized representatives has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
8. Legislation and Arbitration
You agree that any claim relating to Tuc Tuk ´s web site or these Terms of Service shall be governed by the laws of the State of Madrid, Spain without regard to its conflict of law provisions.
You and Tuc Tuk accept that the exclusive forum for any and all disputes and claims relating in any way to these Terms of Services, the Site or Service shall be final and binding arbitration. The Arbitration shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules.
You also agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, partners and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Website, the violation of these Terms of Service by you, or the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
These Terms of Use constitute the entire agreement between you and Tuc Tuk regarding the use of the Website. The failure of Tuc Tuk to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision in that or any other instance.
Tuc Tuk, in its sole discretion, reserves the rights to investigate and take appropriate legal action against any one who violates these Terms of Services. Tuc Tuk also may prohibit registration, cancel accounts or delete profiles and any Content that user have posted on the Site for any reason, or no reason, at any time in its sole discretion and without notice.
If you have any questions or comments regarding these Terms of Services please contact us:
Maintrol@TucTuk.comPrivacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.