PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SERVICES OFFERED BY GAFTECH, LLC. ("GAFTECH"). THESE TERMS SET FORTH THE LEGALLY BINDING TERMS & CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://MYREELTOUR.COM (THE "SITE") AND THE SERVICES AND CONTENT OFFERED BY GAFTECH, LLC.
ACCEPTANCE OF TERMS AND CONDITIONS
These Terms & Conditions ("Terms") govern your access to and use of the services of GAFTECH including our website and mobile application, email notifications, APIs, applications, buttons, (collectively the "Services"), and any information, text, images, photos, videos, graphics, location data, messages, all other forms of data and communications, or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content").
Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Service, for any content you post to the Service, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Service and through third party services and websites. You should only provide Content that you know will be shared with others under these Terms.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms. GAFTECH may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all local, national, and international laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
The Service that GAFTECH provides is always evolving and the form and nature of the Service that GAFTECH provides may change from time to time without prior notice to you. Any new features that are added to the current Service shall be also subject to the Terms. In addition, GAFTECH may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
ELIGIBILITY AND REGISTRATION
You may browse the site and view Content without registering, but in order to use some aspects of the Service, you will need to register for an account ("User Account") and thereby represent, warrant and covenant that you are providing GAFTECH with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Service, and to keep your registration information accurate and up-to-date.
The right to use the Service is personal to you and is not transferable to any other person or entity. You may not impersonate someone else, sell, share or otherwise transfer your registration information, account or user profile, provide an email address other than your own, or create multiple Personal Accounts
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree to notify us immediately of any unauthorized use of your account. GAFTECH cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
We grant you permission to use the Service subject to the restrictions in these Terms & Conditions. Your use of the Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
You understand and agree that by registering for a User Account the Service may include certain communications in connection with the Service, including but not limited to, service announcements, status reports, certain offers from our business partners, and our email and administrative messages.
GAFTECH may cancel your account or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture, destruction and deletion of all information and Content associated with your account. If you wish to cancel your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms & Conditions, which by their nature should survive cancellation, shall survive cancellation, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content, and GAFTECH cannot guarantee the authenticity, completeness, truthfulness, integrity, quality, accuracy or reliability of any Content or data which users may provide about themselves, or take responsibility for such Content.
You represent that you own, or have the necessary permissions to use and authorize the use of your Content. You may expose yourself to liability if your Content contains material that is false, intentionally misleading, or defamatory, violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, contains material that is unlawful, including illegal hate speech or pornography, exploits or otherwise harms minors, or violates or advocates the violation of any law or regulation.
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, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk.
You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will GAFTECH be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
CONDUCT AND GUIDELINES
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by GAFTECH in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of GAFTECH or any third party;
- impersonates any person or entity, including any employee or representative of GAFTECH;
- includes anyone's identification documents or sensitive financial information; or
Please note that GAFTECH has a zero-tolerance policy against child and adult pornography, or otherwise inappropriate photos or videos as determined by GAFTECH in its sole discretion, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by GAFTECH in its sole discretion) an unreasonable or disproportionately large load on GAFTECH's (or its third party providers') infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures GAFTECH may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- run any form of auto-responder or "spam" on the Service;
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
- harvest or scrape any Content from the Service;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by GAFTECH;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- otherwise take any action in violation of GAFTECH's guidelines and policies.
Ventown does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. GAFTECH has no obligation to monitor the Site, Service, Content, or User Submissions. However, GAFTECH reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if GAFTECH is concerned that you may have violated these Terms), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service.
GAFTECH also reserves the right to access, read, preserve, and disclose any information as GAFTECH reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of GAFTECH, its users and the public.
Your Pro Account starts on the date of account registration and continues automatically unless you notify us of your intent to cancel your account. We may offer free subscriptions and/or trial subscriptions during which you may use the Service for the time period specified, subject to limitations. Free and Trial subscriptions are only available to individuals that do not currently have an account at the time of registration, unless otherwise stated.
We will retain your information and content for as long as your account is active or as needed to provide you services. You may continue your Basic subscription for as long as you wish unless otherwise extended or canceled by us, or until you choose to upgrade or change your account status. Upon completion of your Free or Trial subscription, you will receive an email notice from us that your subscription period has ended and you will have the option to provide payment information in order to continue to use the Service. If you do not chose to provide your payment information to use a paid version of the Service at the end of your subscription period, you understand and agree that we may limit or delete any of your content within a commercially reasonable time after the expiration of the applicable subscription period.
With the exception of Basic and Trial subscriptions, you agree to at all times provide us or our designee with valid credit card information for credit cards accepted by us and authorize us to deduct the monthly and/or annual charges against such credit card until such time as your account is cancelled, and to replace the information for any credit card that expires or is denied with information on a different valid credit card. Accounts with outstanding balances over 7 days old may be suspended due to nonpayment.
GAFTECH bills your account on a month-to-month basis (for Pro Accounts), beginning on the subscription date of your account. GAFTECH offers the ability to upgrade or downgrade your subscription in the middle of a billing period. On your monthly subscription renewal date, you are billed in full for your current package.
Upgrading or downgrading your subscription mid-period can result in either a prorated charge or prorated credit adjustment being applied to your account. Such Prorated amounts are based on the number of days remaining in the previous billing cycle and we will attempt to charge your credit card on file for the prorated amount due, or add a credit to your account for the amount owed.
Any subscription deletions during the previous month will no longer be billed, notwithstanding there are no refunds offered for deletions incurred in the previous month.
The amounts charged to you by us, whether through your credit card or otherwise, may be subject to applicable taxes and other government charges. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
Prices for using the Service are subject to change upon 30 days notice from GAFTECH. Such notice may be provided at any time by email or by posting the changes to the Reel Tour website. You agree that GAFTECH shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Some Devices allow applications to access real-time location-based information (for example, GPS). Our mobile apps do not collect such information from your mobile device at any time while you download or use our mobile apps as of the date this policy went into effect, but may do so in the future with your consent to improve our Services. Some photos and videos you place in GAFTECH may contain recorded location information. We may use this information to optimize your experience. If you do not wish to share files embedded with your geo-location information with us, please do not upload them. If you don't want to store location data in your photos or videos, please consult the documentation for your camera to turn off that feature. Also, some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device's location.
You retain your rights to any Content and User Submissions you submit, post or display on or through the Site and our Services. By submitting, posting or displaying Content and User Submissions on or through the Site and Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content and User Submissions in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for GAFTECH to make such Content and User Submissions available to other companies, organizations or individuals who partner with GAFTECH for the syndication, broadcast, distribution or publication of such Content on other media and services. Such additional uses by GAFTECH, or other companies, organizations or individuals who partner with GAFTECH, may be made with no compensation paid to you with respect to the Content and User Submissions that you submit, post, transmit or otherwise make available through the Services.
You also hereby grant GAFTECH and each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your Content and User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content and User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant does not affect your other ownership or license rights in your Content and User Submission(s), including the right to grant additional licenses to the material in your Content and User Submission(s), unless otherwise agreed in writing with GAFTECH.
You are responsible for your use of the Site and Services, for any Content and User Submissions you provide, and for any consequences thereof, including the use of your Content and User Submissions by other users and our third party partners. You understand that your Content and User Submissions may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. GAFTECH will not be responsible or liable for any use of your Content or User Submissions by GAFTECH in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content and User Submissions that you submit.
When you delete your Content and User Submissions, they will be removed from the Service. However, you understand that any removed Content and User Submissions may persist in backup copies for a reasonable period of time or may remain with users who have previously accessed or downloaded your Content User Submissions.
GAFTECH, LLC RIGHTS
All right, title, and interest in and to the Service (excluding Content and User Submissions provided by users) are and will remain the exclusive property of GAFTECH and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the GAFTECH name or any of the GAFTECH trademarks, logos, domain names, and other distinctive brand features. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
CONTENT AND USE OF THE SERVICE
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of GAFTECH, its users and the public.
You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service unless you have been specifically authorized to do so; (ii) probe, scan, test, breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by GAFTECH (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with GAFTECH; or (iv) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
You can opt-out of most communications from GAFTECH including emails and text messages that GAFTECH may provide you with after you have given us your permission to do so. Once you give us permission, we reserve the right to send, dispatch, remit, transmit and/or forward emails, SMS/text messages and other forms of communication to you until such time you remove yourself from our mailing lists by using the "unsubscribe" link sent in connection with every message you receive by the Service. Neither GAFTECH, its partners, affiliates or business account holders will be held responsible for any charges related to the use of the text services by you.
INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE
GAFTECH respects the intellectual property rights of others and expects users of the Service to do the same. You warrant that no Content delivered via the Service or otherwise made available by GAFTECH, and any necessary software, maps, GIS data, drawing and annotation tools, and user-generated submissions used in connection with the Service, contains proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, trade secrets, intellectual property or other proprietary rights and laws. Use of the content, software or materials on our site for any purpose not expressly permitted in these Terms is prohibited. Any rights not expressly granted herein are reserved.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact us. We reserve the right to remove Content alleged to be infringing others intellectual property without prior notice and at our sole discretion. In appropriate circumstances, GAFTECH will also terminate a user's account if the user is determined to be a repeat infringer.
THE SERVICE IS "AS-IS"
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, GAFTECH AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. GAFTECH will not be responsible or liable for any harm to your computer system, tablet, or phone, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that GAFTECH has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from GAFTECH or through the Service, will create any warranty not expressly made herein.
THIRD PARTY SITES AND LINKS
The Service may contain links to third-party websites or resources. Because we have no control over such sites or resources, you acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GAFTECH of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You agree to indemnify and hold GAFTECH, and its subsidiaries, affiliates, officers, agents, or partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content and User Submissions, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
TO THE EXTENT PERMITTED BY APLLICABLR LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAFTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- GAFTECH MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND (VI) THE RESULTS OF TRAFFIC OR USAGE STATISTICS OR THE LEVEL OF IMPRESSIONS OR CLICK-THROUGH RATES OR THE QUALITY OF CONVERSION RATE FOR ANY PROMOTION OR ADVERTISEMENT WILL MEET YOUR EXPECTATIONS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, TABLET, OR PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAFTECH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GAFTECH (OR ITS AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, or (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
WAIVER AND SEVERABILITY
The failure of GAFTECH to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
CONTROLLING LAW AND JURISDICTION
These Terms, and any action related thereto, will be governed and construed in accordance with the laws of the State of Nevada, excluding its conflicts of law rules, and the United States of America. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the State of Nevada. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms & Conditions, including without limitation, this section.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.
We may revise these Terms from time to time; the most current version will always be at http://myreeltour.com/terms-and-conditions/. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The Service is operated and provided by Gaftech, LLC. If you have any questions about these Terms, please contact us: firstname.lastname@example.org. We will respond to your inquiry within 30 days.
Effective date: May 1st, 2015