Tauck, Inc. ("Tauck," "we," "us" or "our") has created a website at www.tauck.com, including My Account and Agent Connect (the "Website" or "Site") and a mobile application (the "Application") to provide guests and travel agents/agencies ("Agents") access to information about Tauck tours and cruises (a "Tour"), to provide the ability to guests and agents to manage travel details related to a booking, and to provide agency owners and managers the ability to oversee Tauck-related agent and agency activities.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE, THE APPLICATION, TAUCK CONTENT OR USER CONTENT. BY ACCESSING OR REGISTERING TO USE THE WEBSITE AND/OR APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS THE WEBSITE OR APPLICATION OR REGISTER TO USE THE WEBSITE OR APPLICATION.
1. Your Agreement. These Terms govern: (i) your use of the Website; (ii) Registered Users' receipt of, and participation in, Tauck's services offered through the Website, including those set out in Section 2 (Our Services; Overview) (collectively, the "Services"); (iii) Registered Users' provision of content, including, but not limited to, Reviews, Photographs and Forum posts (collectively, "User Content"); and (iv) your use of information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress and other intellectual property owned by Tauck or our licensors and made available to you through the Website or Services (collectively, "Tauck Content"). Please read these Terms carefully; they impose legal obligations on you and on Tauck, and establish our legal relationship. By using the Services or accessing our Website, you are acknowledging that you have read and understand these Terms and agree to be legally bound by them.
While you can visit the Website and review a range of information about Tauck, our Tours, our Website and our Services without registering, to participate in the Services or obtain access to password protected areas of the Website, the Application, the Tauck Content and/or User Content, we require that you become a Registered User. Registered Users are required to confirm their agreement to be bound by these Terms during the registration process (and from time to time as we may require) by clicking an "I Accept" button.
2. Our Services; Overview. The Website and Application provide a venue to obtain information about, including but not limited to, the Tours offered by Tauck, as well as access to brochures, itineraries, Photographs, videos, ship detail, hotel information, quotes, Partner information, our blog and other materials related to our Tours, whether provided by Tauck or our Registered Users (collectively, such services accessible via the Website and/or Application, our "Services"). Each Registered User will only be granted access to the password protected areas of the Website and Application to the extent appropriate for his/her relationship with Tauck, and only in accordance with Section 5.2 (Grant of Rights to Registered Users).
2.1. Agent Users. As an Agent User, you have an agreement with us pursuant to which you are permitted to offer and book customers for participation in Tours. You can log into the Website and Application to obtain access to Tour information and marketing resources and coordinate scheduling and the submission of information for customers related to booked Tours, watch webinars related to Tours.
2.2. Guest Users. As a Guest User, you log into the Website and Application to obtain access to the Tour information, to book Tours, and to coordinate scheduling of excursions and the submission of information for your booked Tours, write reviews for the Tours you have participated in ("Reviews"), upload photographs for the Tours you have participated in ("Photographs"), submit Photographs to participate in our Photo Contest (as provided at http://www.tauck.com/photo-contest.aspx), purchase gift cards, maintain and update itineraries for Tours that are not yet scheduled, and view lists of past Tours you have taken.
2.3. Application Functionality. Registered Users will be able to use the Application, including but not limited to, access guest lists for Tours, Tauck & Fodor's recommendations for activities, dining and other points of interest for the locality of your Tour, Google Maps for directions to Tauck & Fodor's recommended points of interest, tour itineraries on a day-by-day basis (including information about accommodations and ship, as appropriate), a currency converter, as well as a satisfaction survey for the Application. Guest Users may also be able to upload Photographs through the Application, and access group messaging for their Tour.
3. Obtaining a Password; Protecting Your Password. Only Registered Users who have a valid password are authorized to access the password-protected areas of the Website and Application. Registered Users must keep in mind that we will treat anyone who uses their user name and password as that Registered User. We will provide this individual with all of the rights and privileges that we provide to that Registered User, and we will hold that Registered User responsible for the activities of a person using the Registered User's password. We therefore recommend that Registered Users maintain their user name and password in confidence, and that they refrain from disclosing this information to anyone who might "pretend" to be that Registered User with respect to the Website and Application and their participation in the Services. We also ask that Registered Users notify us immediately if they suspect that someone is using their user name and/or password in this or any other inappropriate manner.
4. Ownership; Reservation of Rights. The Website, Application, Services, and associated Tauck Content are the proprietary property of Tauck and our licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Tauck and our licensors retain all rights with respect to the Website, Application, Services and Tauck Content except those expressly granted to you in these Terms.
5. Grant of Rights.
5.1. Grant of Rights to Site Visitors. As a Site Visitor, subject to your compliance with these Terms, you are granted the right to access our Website solely for your personal, non-commercial use. You may not (i) access, view, modify or otherwise use any portion of our Website not made expressly accessible to you, or (ii) modify, copy, distribute or otherwise use the Website, Tauck Content or Services without our express permission.
5.2. Grant of Rights to Agent Users. As an Agent User, subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website, Application and Tauck Content solely for your personal or your Organization's internal use of the Services made available to you through the Website and Application, provided that you shall not: (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Website, Application, Tauck Content or Services to any third party; (ii) modify or make derivative works based upon the Website, Application, Tauck Content or Services; or (iii) reverse engineer, reverse compile, or access the Website, Application or Services in order to build a competitive product or service. You may access and view certain password-protected areas of our Website and Application for use solely in conjunction with the Services and as provided in these Terms, and you may not otherwise modify, copy, distribute, or otherwise use the Website, Application, Tauck Content or Services.
5.3. Grant of Rights to Guest Users. As a Guest User, subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website, Application and Tauck Content solely for your personal use of the Services made available to you through the Website and Application, provided that you shall not: (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Website, Application, Tauck Content or Services to any third party; (ii) modify or make derivative works based upon the Website, Application, Tauck Content or Services; or (iii) reverse engineer, reverse compile, or access the Website, Application or Services in order to build a competitive product or service. You may access and view certain password-protected areas of our Website for use solely in conjunction with the Services and as provided in these Terms, and you may not otherwise modify, copy, distribute, or otherwise use the Website, Application, Tauck Content or Services.
5.4. Duration of Rights for Registered Users. As a Registered User, you will continue to enjoy your rights under Section 5.2 (Grant of Rights to Agent Users) and Section 5.3 (Grant of Rights to Guest Users) for as long as you are a Registered User, unless your password is revoked or suspended, as set out in Section 8 (Monitoring; Revocation or Suspension of Use Privileges).
6. Registered User Grant of Rights.
6.1. Grant of Rights to Tauck in User Content. By submitting User Content for participation in our Services, whether by posting Reviews or Photographs or otherwise submitting content for display on our Website and Application, you grant Tauck the right to use, copy, reformat, index, modify, display and distribute your User Content for the purposes of providing our Services, as well as for use in print, Internet, video and other media marketing materials as Tauck (and their agents) deems fit. No compensation will be paid with respect to Tauck's use of your User Content.
6.3. Grant of Rights to Other Users in User Content. By posting a Forum Post, Review or Photograph, you agree to allow the Review or Photograph, or any part of it, to be searched, displayed, accessed, copied, and otherwise referred to by users of the Website and Application. Tauck shall have the sole authority to choose the manner in which any User Content will be searched, displayed, accessed, copied, and otherwise used on the Website and Application, and shall have the right to modify the User Content in the exercise of its rights under these Terms.
6.4. Rights/Permissions You Must Have in Your User Content. In submitting User Content, you represent and warrant (i) that you hold all rights needed to grant requisite rights under Section 6.1 (Grant of Rights to Tauck in User Content), and Section 6.3 (Grant of Rights to Other Users in User Content); (ii) that you own the copyright in all User Content subject to copyright protection (or have been given needed permissions by the copyright owner, or use the User Content under "fair use" principles); and (iii) that either (a) no consent by the persons depicted in your User Content is required, or (b) each person depicted in image, videos or identified in text in your User Content (if any), has provided you with consent ("Photo Subject Consent") to use the User Content as set forth in these Terms. Tauck does not validate User Content in any way but may, in its sole discretion but without any obligation to do so, remove User Content that is alleged to have been submitted in violation of these Terms. Tauck may require additional evidence of compliance with these Terms from users who are alleged to have submitted User Content or other information in violation of these Terms.
We ask for you to obtain Photo Subject Consent because (a) as the creator of the User Content, you are better able to identify who the subjects of your User Content are, whether Photo Subject Consent is necessary, who needs to provide the Photo Subject Consent, and obtain the requisite Photo Subject Consent; and (b) other business reasons, including without limitation the volume of User Content hosted by Tauck, make it more feasible for the individual Users to obtain any requisite Photo Subject Consents.
6.5. Tauck Assistance with Third Party Claims. To the extent that Tauck is made aware of a third party claim related to User Content on the Website or Application (a "Third Party Claim"), either by you or through a Photo Subject Take Down Request, to assist you in resolving the Third Party Claim, we will take down the User Content in question. However, we cannot assure that such take downs will resolve every dispute. If Third Party Claims are brought against Tauck related to User Content uploaded or posted on the Tauck Website or Application by you, you agree to indemnify Tauck pursuant to Section 14.
6.7. Registered User Comments/Feedback. Our Website and/or Application may allow Site Visitors and Registered Users to provide comments or feedback regarding our Website, Application and/or our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website, Application and our Services.
7. Code of Conduct. As a condition to your use of the Website, Application and the Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
9. Links to Third-Party Sites/Applications. The Website and Application may contain links or produce search results that reference links to third-party websites or applications (collectively, "Linked Sites"). Tauck has no control over these Linked/Embedded Sites or their content (including any opinion, recommendation or advice expressed therein), does not assume (and expressly disclaims) responsibility or liability for any content, opinions, recommendations, advice or other materials available on Linked Sites. Tauck does not endorse the content of any Linked Site, nor does Tauck warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website or Application to search for or link to another site, you agree and understand that such use is at your own risk.
10. Photo Subject Take Down Requests. Similar to Linked Sites, Tauck does not endorse any User Content submitted to the Website or Application by any user, or any opinion, recommendation, or advice expressed therein, and Tauck expressly disclaims any and all liability in connection with User Content. Due to the nature of User Content, images of third parties may be captured in public settings where it is not feasible for the videographer/photographer to obtain the consent of all subjects depicted in such User Content. Third parties who believe they are harmed by User Content uploaded or posted on the Tauck Site ("Photo Subject Requesters") may contact us (Section 22) and request that the particular User Content be taken down ("Take Down Request"). Take Down Requests must include enough information about the particular User Content in question for Tauck to identify the User Content, including (i) the URL(s) at which the User Content is posted, (ii) all available detail regarding the Registered User who posted the User Content (to the extent that information is viewable), and (iii) the name/title of the User Content, if any. Tauck will respond to reasonable Take Down Requests in its sole discretion.
TAKE DOWN OF THE USER CONTENT IN QUESTION SHALL BE THE SOLE REMEDY FOR PHOTO SUBJECT REQUESTERS.
11. User Disputes. Tauck is not responsible for and is not liable for the User Content or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release Tauck (and our officers, directors, agents, employees, subsidiaries and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
12. Warranty Disclaimer. TAUCK DOES NOT PROMISE THAT THE WEBSITE, APPLICATION OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE OR APPLICATION OR FROM PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE, APPLICATION, SERVICES AND CONTENT WITHIN, INCLUDING TAUCK CONTENT, ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, APPLICATION AND SERVICES, YOU DO SO AT YOUR OWN RISK. TAUCK DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
WHILE TAUCK MAY AUTHORIZE AGENT USERS TO SCHEDULE TOURS, TAUCK IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF ANY AGENT USERS. YOU EXPRESSLY AGREE THAT YOUR USE OF ANY TRAVEL AGENT TO SCHEDULE OR OTHERWISE FACILITATE YOUR PARTICIPATION IN A TOUR IS AT YOUR SOLE RISK.
WHILE TAUCK MAY MAKE THIRD PARTY RESOURCES SUCH AS OPINIONS, RECOMMENDATIONS, ADVICE, MAPPING TOOLS, AND CURRENCY CONVERTERS AVAILABLE THROUGH THE WEBSITE OR APPLICATION, THESE RESOURCES ARE PROVIDED BY A THIRD PARTY AND TAUCK IS NOT RESPONSIBLE OR LIABLE FOR, AND HEREBY DISCLAIMS LIABILITY FOR, YOUR USE OF SUCH RESOURCES OR THE INFORMATION YOU OBTAIN FROM THEM. YOU EXPRESSLY AGREE THAT YOUR USE OF ANY THIRD PARTY RESOURCE MADE AVAILABLE THROUGH THE WEBSITE OR APPLICATION IS AT YOUR SOLE RISK.
TAUCK EXPRESSLY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR APPLICATION; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE OR APPLICATION, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, APPLICATION AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL TAUCK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, APPLICATION, SERVICES OR TAUCK CONTENT.
14. Indemnity. You agree to defend, indemnify and hold Tauck and its subsidiaries, affiliates, officers, directors, agents and employees (collectively, the "Tauck Indemnified Parties") harmless from all losses, liabilities and obligations, including reasonable attorneys' fees, incurred by any of the Tauck Indemnified Parties arising from or related to (i) your breach of these Terms; (ii) your User Content, or (iii) a dispute between you and another Registered User or third party related to the Website, Application, or Services.
15. Contact for Alleged Copyright Infringement. Tauck respects the intellectual property rights of others and requires that its users do the same. If you believe that content on the Website or Application, or other activity taking place on the Website or Application constitutes infringement of a work protected by copyright, please notify Tauck, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA") to respond to such concerns, as follows:
10 Westport Rd.
Wilton, CT 06897
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
16. Modifications to these Terms. We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect prospectively, once you next access the Website. Please feel free to print out a copy of the current Terms for your records.
17. Assignment. These Terms shall not be assignable by you, either in whole or in part. Tauck reserves the right to assign its rights and obligations under these Terms.
19. Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 10 (Photo Subject Take Down Requests); (iii) Section 11 (User Disputes); (iv) Section 12 (Warranty Disclaimer); (v) Section 13 (Limitation of Liability); (vi) Section 14 (Indemnity); (vii) Section 17 (Assignment); (viii) Section 18 (General); and (ix) Section 19 (Survival).
21. Conditions of Tour. Participation on all Tours is subject to the Conditions of Tour, a copy of which may be found on the Website. By participating in a Tour, you agree to be bound by the Conditions of Tour.
22. Contact Us. If you have any questions about these Terms, the practices of this Website or the Application, the Conditions of Tour, or your dealings with Tauck, please contact us at:
10 Westport Rd.
Wilton, CT 06897
23. Effective Date. The effective date of these Terms is December 01, 2018.