Welcome to checkyourselfie.org and all checkyourselfie.org subdomains, which is operated by Check Your Selfie, Inc. (“Check Your Selfie,” “we,” “us” or “our”). These terms and conditions of use (these “Terms”) apply to your use of checkyourselfie.org or any successor website of Check Your Selfie (the “Site”) and any services or content made available through the Site (collectively, with the Site, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise. Customers and distributors of Check Your Selfie’ products and services may be subject to additional terms and conditions.
Accepting these Terms
BY CLICKING TO INDICATE YOUR ACCEPTANCE OF THESE TERMS OR OTHERWISE USING THE SERVICES, YOU AGREE TO THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU ARE ACCESSING OR USING OUR SERVICES ON BEHALF OF ANOTHER PERSON (SUCH AS USING THE SERVICES TO BOOK A TOUR FOR MULTIPLE PEOPLE OR GROUPS), YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON THAT PERSON OR GROUP’S BEHALF. IF ANYTHING IN THESE TERMS DOES NOT MAKE SENSE TO YOU, PLEASE LET US KNOW. IF YOU DO NOT AGREE TO THESE TERMS, IN PARTICULAR THE TERMS RELATED TO MEDICAL INFORMATION OR ARBITRATION, DO NOT ACCESS OR USE THE SERVICES.
Changes to these Terms
We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. If we make changes, we will let you know by revising the date at the top of these Terms and, in some cases, providing you with additional notice (such as adding a statement to our homepage). Any changes we make to these Terms will be effective when we post them. If you use the Services after we have posted the changed Terms, then you have accepted the changes to these Terms.
Eligibility, Registration, and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, or the age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List (“SDN List”), (b) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, and (d) have not previously had your rights to access or use the Services suspended or terminated.
To access and use certain features of the Services, and in consideration of your use of the Services, you agree: (i) to provide accurate, current and complete information about yourself as may be requested by any signup forms or during account registration (collectively, “Signup Data”); (ii) to maintain and promptly update your Signup Data as necessary to keep it accurate, current and complete; (iii) if you register for an online account, to maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Check Your Selfie; and (iv) promptly notify Check Your Selfie if you discover or otherwise suspect any security breaches related to the Services.
You are responsible for the security of your accounts and any activities performed under your accounts, whether or not such actions were authorized by you. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME AND PASSWORD WILL BE ABLE TO ACCESS AND USE YOUR ACCOUNT, AND MAY BE ABLE TO ACCESS YOUR SIGNUP DATA AND OTHER PERSONAL INFORMATION ASSOCIATED WITH YOUR ACCOUNTS. AS A RESULT, YOU WILL NOT: (I) SHARE YOUR ACCOUNT PASSWORDS WITH ANY OTHER PERSON; OR (II) PROVIDE ACCESS TO YOUR ACCOUNTS OR THE SERVICE TO ANY OTHER PERSON.
YOU ACKNOWLEDGE AND AGREE THAT USING THE SAME PASSWORD FOR YOUR Check Your Selfie ACCOUNT AS YOU USE FOR ANY THIRD-PARTY ACCOUNT CONSTITUTES A SECURITY RISK. YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNTS. Check Your Selfie IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNTS OR OTHER LOSS OR DISSEMINATION OF YOUR SIGNUP DATA.
Right to Use the Services
On the condition that you fully comply with these Terms, Check Your Selfie grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Services. Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Services or any contents of the Services; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services; (c) disassemble, decompile or reverse engineer any of the software components of the Services; (d) copy, frame or mirror any part of the Services; (e) interfere with or disrupt the integrity or performance of the Services; or (f) attempt to gain unauthorized access to the Services or its related services, components, systems or networks.
Check Your Selfie’ Rights
As between you and Check Your Selfie, all information, materials and content of the Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, logos and trademarks (including Check Your Selfie), images, software, services, videos, typefaces, source and object code, format, queries, algorithms and other content is owned by Check Your Selfie or is used with permission. Check Your Selfie reserves all rights not expressly set forth in these Terms.
Check Your Selfie may permit you to download certain tip sheets, packing lists or other content from any Services (“Downloadable Content”). For clarity, Downloadable Content includes only content that Check Your Selfie specifically designates on the Services as available for download by users, even though you may be able to copy or download other content through your web browser or by other means. Downloadable Content does not include any software that Check Your Selfie may allow you to download from any Services (the use of such software is governed by the agreement you accept when you download, install, register or use such software). Check Your Selfie grants you a non-exclusive, non-sublicensable, non-transferable license to download, reproduce and use the Downloadable Content for your own non-commercial and personal use only, provided that you use the Downloadable Content (a) in accordance with applicable law, (b) in a manner that does not disparage or otherwise harm any of Check Your Selfie’ products, services or brands, and (c) otherwise in accordance with the usage guidelines and instructions that Check Your Selfie may make available on the Services from time to time. Without limiting the foregoing, you may not use any Downloadable Content for any business or other commercial purposes (business or commercial purposes does not exclude use for purposes of seeking employment through the Services) without Check Your Selfie’ prior written approval. You are solely responsible for your use of Downloadable Content. All goodwill arising from your use of the Downloadable Content will inure solely to the benefit of Check Your Selfie. Check Your Selfie may revoke this license at any time.
Rights in User Content
You retain all ownership rights in the User Content you submit to Check Your Selfie. By submitting or posting User Content on the Services, you grant Check Your Selfie a non-exclusive, royalty-free, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in connection with the Services.
By submitting or posting User Content through the Services, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule or regulation.
FOR YOUR SAFETY AND TO ENABLE YOUR TOUR GUIDES TO APPROPRIATELY PLAN, CERTAIN PORTIONS OF THE SERVICES MAY PERMIT YOU TO POST PERSONAL MEDICAL INFORMATION INCLUDING MEDICAL HISTORY, MEDICATIONS, MEDICAL CONDITIONS, INSURANCE INFORMATION, EMERGENCY CONTACTS AND OTHER PERSONAL INFORMATION (“MEDICAL INFORMATION”). YOU ARE NOT REQUIRED TO PROVIDE YOUR MEDICAL INFORMATION, BUT IF YOU DO, PLEASE BE AWARE THAT ANYONE ON YOUR SAME TOUR RESERVATION CAN VIEW YOUR MEDICAL INFORMATION. A “TOUR RESERVATION” IS THE BOOKING MADE WITH US WHEN YOU PURCHASE A TOUR VIA PHONE, IN PERSON OR ONLINE AND INCLUDES ALL THE INDIVIDUALS, BE THEY FAMILY OR OTHERWISE, YOU RESERVED A SEAT FOR ON OUR TOUR. YOU SHOULD NOT PROVIDE YOUR MEDICAL INFORMATION IF YOU DO NOT WANT OTHERS ON THE SAME TOUR RESERVATION TO SEE IT. If you would like to submit Medical Information privately to a Check Your Selfie employee, such as a tour guide for your upcoming tour, please contact [email protected] for further instruction.
Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Check Your Selfie has adopted a policy of terminating, in appropriate circumstances and in Check Your Selfie’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. Check Your Selfie may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Any suggestions, comments or other feedback you give us about the Services or any Check Your Selfie products and services will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
You agree to defend, indemnify and hold harmless Check Your Selfie, its affiliates, and their respective directors, officers, employees, agents and representatives (collectively, the “Check Your Selfie Parties”), from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, including without limitation any actual or threatened suit, demand or claim arising out your violation of these Terms or your violation of the rights of any third party.
THE SERVICES AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL Check Your Selfie BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF Check Your Selfie, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF Check Your Selfie’ ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES MAY NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Check Your Selfie FOR ACCESS TO OR USE OF THE SERVICES.