PLEASE READ THE Viamigo USER AGREEMENT CAREFULLY AND, IF YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE Viamigo USER AGREEMENT WITHOUT ANY MODIFICATION, THEN CHECK THE “YES, I AGREE TO USER AGREEMENT" BOX AND SUBMIT YOUR REGISTRATION. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS AND CONDITIONS, THEN YOU CANNOT BECOME A Viamigo SYSTEM USER OR USE THE Viamigo WEBSITE.
Viamigo USER AGREEMENT
This Viamigo USER AGREEMENT contains the terms and conditions which must be agreed to in order for a person to become a Viamigo System user. As used herein, "Viamigo" means Viamigo, INC., a California corporation; the "User" means you, the person named in the registration information who is registering to be or is registered as a Viamigo System user; this "Agreement" means this Viamigo USER AGREEMENT between Viamigo and the User, as it may be modified or amended from time to time; the "Website" means the www.Viamigo.com website and all related webpages and servers; the "Viamigo System" means the Viamigo system for providing services to the User relating to introducing travelers and guides to each other; and the "User's Account" means the User's Viamigo account. By submitting the registration information and by checking the “YES, I AGREE TO USER AGREEMENT" box, the User agrees with Viamigo to be bound by the following terms and conditions:
1. AGREEMENT AND MODIFICATIONS. THE ACCESS AND USE OF THE WEBSITE OR THE Viamigo SYSTEM BY THE USER ALSO CONSTITUTES FULL AGREEMENT BY THE USER TO BE BOUND BY THIS AGREEMENT. Viamigo RESERVES THE RIGHT TO MODIFY THE TERMS AND CONDITIONS OF THIS AGREEMENT FROM TIME TO TIME, AND ANY SUCH MODIFICATIONS WILL BECOME EFFECTIVE IMMEDIATELY UPON THEIR POSTING TO THE WEBSITE OR UPON NOTICE TO THE USER. THE USER AGREES THAT IT IS THE RESPONSIBILITY OF THE USER TO REVIEW THIS AGREEMENT PERIODICALLY FOR MODIFICATIONS. THE CONTINUED ACCESS AND USE OF THE WEBSITE OR THE Viamigo SYSTEM BY THE USER AFTER ANY SUCH MODIFICATIONS SHALL ALSO CONSTITUTE FULL AGREEMENT BY THE USER TO BE BOUND BY SUCH MODIFICATIONS.
2. AUTHORITY; REGISTRATION INFORMATION. The person who submits the registration information and checks the "YES, I AGREE TO USER AGREEMENT" box represents and warrants to Viamigo that such person is at least 18 years of age and has adequate legal capacity to enter into binding agreements. Viamigo's services are not available to minors. Viamigo's services are only available to those who are legally entitled to enter into a binding contract. The User agrees: (i) to provide true, accurate, current, and complete information about the User as prompted by the registration form; and (ii) to maintain and update this information to keep it true, accurate, current, and complete. If any registration information provided by the User is untrue, inaccurate, not current, or incomplete, then Viamigo has the right to terminate the User's Account.
3. THE USER'S ACCOUNT. By submitting the registration information and checking the "YES, I AGREE TO USER AGREEMENT" box, the User is agreeing to create a new Viamigo account to become the User's Account. As long as the User's Account is in good standing, the User is entitled to use the Viamigo System, subject to all of the terms and conditions of this Agreement. To use the Website and the Viamigo System, the User must: (i) provide for the User's own access to the internet and pay any service fees associated with such access; and (ii) provide all equipment necessary for the User to make such connection to the internet, including a computer and modem.
4. GUIDES AND TRAVELERS. THE USER ACKNOWLEDGES AND AGREES THAT: (I) FOR YOUR SAFETY, PLEASE FOLLOW COMMONSENSE RULES WHEN MAKING ARRANGEMENTS ONLINE WITH PEOPLE WHO ARE NOT KNOWN TO YOU; (II) ALL CONTACT AND ARRANGEMENTS BETWEEN THE GUIDES LISTED ON THE WEBSITE (THE "GUIDES") AND THE TRAVELERS WHO USE THE WEBSITE (THE "TRAVELERS") ARE THE RESPONSIBILITY OF THE GUIDES AND TRAVELERS THEMSELVES; (III) Viamigo IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTACTS, ARRANGEMENTS, OR AGREEMENTS BETWEEN THE GUIDES AND THE TRAVELERS; (IV) IF THE USER IS A GUIDE, THEN THE USER'S CONTACT INFORMATION MAY BE PUBLICLY DISPLAYED AND OTHER Viamigo USERS WILL BE ABLE TO CONTACT THE USER; (V) THE USER IS RESPONSIBLE FOR THE USER'S OWN SAFETY IN CONNECTION WITH THE USE OF THE WEBSITE OR THE Viamigo SYSTEM AND IS RESPONSIBLE FOR ALL COMMUNICATIONS BETWEEN THE USER AND OTHER Viamigo USERS; (VI) Viamigo DOES NOT CHECK OR VERIFY THE IDENTITY OF THE GUIDES OR ANY REFERENCES PROVIDED BY THE GUIDES; (VII) Viamigo DOES NOT EMPLOY ANY OF THE GUIDES; AND IF THE USER IS A GUIDE, THE USER SHALL NOT MAKE ANY STATEMENT OR REPRESENTATION THAT DOES OR MAY IMPLY THAT THE USER IS EMPLOYED BY Viamigo; (VIII) Viamigo DOES NOT CHECK OR VERIFY THE IDENTITY OF ANY OF THE TRAVELERS; (IX) Viamigo DOES NOT GUARANTEE AND IS NOT RESPONSIBLE FOR ANY SERVICES PROVIDED BY THE GUIDES; AND (X) THE USERS ARE RESPONSIBLE WHEN MEETING OTHERS WITH WHOM THEY HAVE BEEN CONNECTED THROUGH Viamigo.
8. CONTENT. The User understands and agrees that: (i) all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Viamigo System, are the sole responsibility of the person from whom such Content originated; (ii) the User is entirely responsible for each individual item of Content that the User posts, emails or otherwise makes available via the Viamigo System; (iii)Viamigo does not control and is not responsible for Content made available through the Viamigo System, and that by using the Viamigo System, the User may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable; (iv) the Website and Content available through the Viamigo System may contain links to other websites, which are completely independent of Viamigo; (v) Viamigo makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site; (vi) the User's linking to any other websites is at the User's own risk; (vii) the User must evaluate and bear all risks associated with the use of any Content; (viii) the User may not rely on the Content; (ix) under no circumstances will Viamigo be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise made available via the Viamigo System; and (x) Viamigo does not pre-screen or approve Content, but Viamigo shall have the right (but not the obligation) in Viamigo's sole discretion to refuse, delete, or move any Content that is available via the Viamigo System for violating the letter or spirit of this Agreement or for any other reason.
8. TRANSACTION FEES AND OTHER FEES. Becoming a Viamigo System user currently is free. Viamigo may charge transaction fees for certain services as described on the Website. In the future, Viamigo may charge fees for value-added services or memberships. All fees paid to Viamigo are non-refundable. Viamigo's services may be extended in the future which may affect Viamigo's fee policy. Viamigo reserves the right to modify any fees at any time upon posting such modifications to the Website.
9. USE OF THE WEBSITE AND THE Viamigo SYSTEM. The User shall only use the Website and the Viamigo System: (i) to manage the User's Account; (ii) to advertise the User's guide services (if the User is a Guide); (iii) to locate and contact Guides (if the User is a Traveler); and (iv) for purposes reasonably related to the above purposes, and for no other purposes. As a condition to the use of the Website and the Viamigo System by the User, the User represents and warrants to Viamigo that the User shall not use the Website or the Viamigo System for any purpose that is unlawful or prohibited by this Agreement. The User agrees not to resell use of or access to the Website or the Viamigo System. The User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Viamigo System. The User agrees to abide by all applicable local, state, national, and international laws and regulations in the User's use of the Website and the Viamigo System, and agrees not to interfere with the use and enjoyment of the Website or the Viamigo System by other Viamigo System users. The User agrees: (i) not to interfere with or disrupt the Website or the Viamigo System or servers or networks connected to the Website or the Viamigo System; (ii) to comply with all requirements, procedures, policies, and regulations of networks connected to the Website and the Viamigo System; and (iii) to comply with all applicable laws regarding the transmission of technology or technical data exported from the United States. The User may not access, download, use, or export the Website in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. The User will receive a User Name and Password upon completing the registration process. The User is responsible for maintaining the confidentiality of the Password, and is fully responsible for all activities which occur under the User's User Name and Password. The User agrees to notify Viamigo immediately of any unauthorized use of the User's User Name or Password or any other breach of security. The Website contains robot exclusion headers and the User agrees that the User will not use any web crawler, web robot, web spider, other automatic device, or manual process to monitor, use, or copy any portion of the Website or the content contained therein without Viamigo's prior express written permission. The User agrees that the User will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website. The User agrees that the User will not take any action that imposes an unreasonable or disproportionately large load on Viamigo's infrastructure.
10. FINANCIAL RESPONSIBILITY. The User agrees to be financially responsible for all use of the Website and the Viamigo System by the User and for all use of the User's User Name and Password. The User also represents and warrants that all information supplied by the User in using the Website and the Viamigo System is true and accurate. The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Website or the Viamigo System by the User or out of the use of the User's User Name and Password.
11. OWNERSHIP. The Website and the Viamigo System and all their contents are the copyrighted property of Viamigo and/or its third party suppliers, vendors, and distributors. Much of the content found on the Website is owned by third party suppliers, vendors, and distributors. None of the content or data found on the Website may be reproduced, sold, transferred, or modified without the express written permission of Viamigo and/or its third party suppliers, vendors, and distributors. The User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images, software, products, or services obtained from the Website.
12. EXCLUSION OF WARRANTY. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT Viamigo MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE WEBSITE AND THE Viamigo SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. Viamigo AND/OR ITS THIRD PARTY SUPPLIERS, VENDORS, AND DISTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. Viamigo AND ITS THIRD PARTY SUPPLIERS, VENDORS, AND DISTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Viamigo AND ITS THIRD PARTY SUPPLIERS, VENDORS, AND DISTRIBUTORS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Viamigo DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD PARTY PRODUCT, MATERIAL, OR SERVICE ACQUIRED OR USED BY THE USER THROUGH THE WEBSITE OR THE Viamigo SYSTEM. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO THE USER.
13. LIMITATION OF LIABILITY. IN NO EVENT SHALL Viamigo AND/OR ITS THIRD PARTY SUPPLIERS, VENDORS, AND DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE WEBSITE OR THE Viamigo SYSTEM OR CONTENT FOUND THEREIN; (II) ANY FAILURE OR DELAY; OR (III) THE PERFORMANCE OR NON PERFORMANCE BY Viamigo AND/OR ITS THIRD PARTY SUPPLIERS, VENDORS, AND DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO THE USER.
If, notwithstanding the foregoing, Viamigo or any of its third party suppliers, vendors, or distributors should be found liable for any loss or damage which arises out of or is in any way connected with any of the uses of the Website or the Viamigo System or their content, then the liability of Viamigo and its third party suppliers, vendors, and distributors shall in no event exceed, in the aggregate, the amount of the fees previously paid to Viamigo with respect thereto. The foregoing shall apply to both contract and negligence claims.
14. INDEMNIFICATION. The User shall defend, indemnify, and hold harmless Viamigo and Viamigo's owners, affiliates, officers, attorneys, employees, representatives, successors, assigns, and third party suppliers, vendors, and distributors (collectively, the "Indemnified Parties"), against and from all losses, claims, causes of action, damages, judgments, expenses, and liabilities of any kind (including reasonable attorneys', accountants', and experts' fees and out-of-pocket expenses), that may be imposed on, incurred by, or asserted against any Indemnified Party resulting from, arising out of, or relating to any of the following: (i) any breach by the User of any representations, warranties, covenants, or obligations contained in this Agreement; (ii) any claims by credit or charge card companies with respect to charges incurred using the User's User Name and Password; (iii) any unauthorized or fraudulent use of the User's User Name and Password or a User's credit or charge card number in connection with the use of the Website; (iv) the use of the Website or the Viamigo System by the User; or (v) the User's violation of any rights of any person.
15. Viamigo SOFTWARE AND Viamigo TECHNOLOGY. As used in this Agreement, "Viamigo Software" means any software that is made available to download from the Website and the related documentation and materials used in connection with the Website and any derivatives, modifications, or enhancements thereto; and "Viamigo Technology" means all trade secrets, know-how, proprietary software (including the Viamigo Software), images, designs, concepts, tools, methodologies, and other proprietary technology and content, whether or not covered by patents or copyrights, used in connection with the Website, and any derivatives, modifications, or enhancements thereto. Subject to the terms and conditions of this Agreement, Viamigo hereby grants to the User a limited, nonexclusive, nontransferable, royalty-free license to use the Viamigo Software for viewing and otherwise using the Website during the term of the User's Account in accordance with the terms and conditions of this Agreement and for no other purpose. The User acknowledges and agrees that all Viamigo Software, including without limitation all HTML code and Active X controls contained in the Website, is owned by Viamigo and/or its third party suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Viamigo Software is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The User shall not modify, decompile, disassemble, reverse engineer, or create derivative works of the Viamigo Software and shall adhere to all applicable laws, rules, and regulations relating to the export or re-export of technical data (including the Viamigo Software). The User acknowledges that the Viamigo Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. The User agrees not to export or re-export the Viamigo Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions. The User acknowledges and agrees that Viamigo owns all right, title, and interest in and to the Viamigo Technology, including any derivatives, modifications, or enhancements thereto, regardless of whether any such derivatives, modifications, or enhancements are made at the request of or funded by the User. The User agrees to assign, and hereby does assign, to Viamigo any and all rights that it might obtain in the Viamigo Technology and any derivatives, modifications, and enhancements thereto and agrees to cooperate with Viamigo and execute such documents as are reasonably necessary or appropriate to effect the foregoing rights and assignments or to otherwise achieve such objectives. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE Viamigo SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
16. LINKS TO THIRD-PARTY WEBSITES. The Website may contain hyperlinks to websites operated by parties other than Viamigo. Such hyperlinks are provided for the User's reference only. Viamigo does not control such websites and is not responsible for their contents. Viamigo's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
17. TERM AND TERMINATION. In Viamigo's sole discretion, Viamigo may modify or discontinue, temporarily or permanently, any aspect of the Website or the Viamigo System at any time without prior notice. In Viamigo's sole discretion, in addition to any other rights or remedies available to Viamigo and without any liability whatsoever, Viamigo may terminate the User's Account at any time immediately upon notice to the User or upon posting to the Website.
18. GENERAL PROVISIONS. Governing Law, Jurisdiction, and Venue. This Agreement shall be governed by and construed according to the laws of the State of California, U.S.A., excluding its conflict of laws rules to the extent such rules would apply the law of another jurisdiction. The User consents to the exclusive jurisdiction of all federal and state courts in California, U.S.A., and agrees that venue shall lie exclusively in Santa Clara County, California, U.S.A., in all disputes arising out of or relating to this Agreement or the use of the Website or the Viamigo System. Use of the Website or the Viamigo System is not authorized in any jurisdiction that does not give effect to all provisions of the terms and conditions of this Agreement, including without limitation this paragraph. Assignment. The User shall not assign, convey, subcontract, or delegate the User's rights, duties, or obligations under this Agreement. Independent Contractors. The relationship between Viamigo and the User shall be that of independent contractors. Neither Viamigo, the User, nor any respective officers, agents, or employees of either shall be held or construed to be partners, joint ventures, fiduciaries, employees, or agents of the other[, except that Viamigo will be the agent for the User as expressly provided above]. Law Enforcement. Viamigo's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Viamigo's right to comply with law enforcement requests or requirements relating to the User's use of the Website or the Viamigo System or information provided to or gathered by Viamigo with respect to such use. Construction. If any provision of this Agreement is for any reason held to be invalid, illegal, or unenforceable under applicable law in any respect (including without limitation the exclusion of warranty and liability limitations set forth above), then: (i) such invalidity, illegality, or unenforceability shall not affect the other provisions of this Agreement; (ii) this Agreement shall be construed as if such invalid, illegal, or unenforceable provision were excluded from this Agreement; and (iii) the court in its discretion may substitute for the excluded provision an enforceable provision which in economic substance reasonably approximates the excluded provision. Entire Agreement. This Agreement constitutes the entire agreement between the User and Viamigo with respect to the User's Account, the Website, and the Viamigo System and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Viamigo with respect thereto. However, additional terms and conditions indicated may apply to purchases of goods and services, and other uses of portions of the Website, and the User agrees to be bound by such other terms and conditions. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Reserved Rights. Any rights not expressly granted herein are reserved.
19. COPYRIGHT AND TRADEMARK NOTICES. All contents of the Website are: Copyright © 2007 Viamigo, INC., San Francisco, CA 94117, U.S.A., and/or its third party suppliers, vendors, and distributors. All rights reserved. Viamigo™ and other names of Viamigo products and/or services referenced in the Website are trademarks or registered trademarks of Viamigo, INC. Other product and company names mentioned on the Website may be the trademarks of their respective owners.
PLEASE READ THE Viamigo USER AGREEMENT CAREFULLY AND, IF YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE Viamigo USER AGREEMENT WITHOUT ANY MODIFICATION, THEN CHECK THE “YES, I AGREE TO USER AGREEMENT" BOX AND SUBMIT YOUR REGISTRATION. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS AND CONDITIONS, THEN DO NOT CHECK THE BOX AND YOU CANNOT BECOME A Viamigo SYSTEM USER.
In short, you agree we can display your info on our site, and that you may be contacted by visitors to our site in the future, but that you do not work for Viamigo. The agreement may change in the future, but please read the details below. Used in this text, “Viamigo” means the website Viamigo.com, all third parties, affiliates, and future electronic forms of Viamigo.com.
By filling out our web form, you agree that all information you provide to Viamigo may be displayed on the Viamigo website and the information may be provided for display on third party sites such as Google.com. You also agree that visitors to Viamigo may contact you with the information you provide. If you provide photography, it must not be copyrighted by any other entity except yourself or your organization, or you must have the right to provide such copyrighted material to Viamigo. You agree that you are not an employee of Viamigo and that any contract you enter into with visitors who contact you through the Viamigo website will be solely between yourselves and that Viamigo will not be held liable for any legal action resulting from any such contracts for services. This user agreement may be altered in the future, and when it is you will be notified by email with a link to the new agreement. By not deleting your information on our website after being notified of the new agreement, it is implied that you accept the new terms.
In short, you agree to the understanding that guides on Viamigo are not employees, and that any service contract is yours. You agree that, unless you specify not to display it, we can display your info on our site so that you may be contacted by other travelers in the future. The agreement may change in the future, but please read the details below.
Used in the text below, “Viamigo” means the website Viamigo.com, and all third parties, affiliates, and future electronic forms of Viamigo.com.
By filling out any form on Viamigo, you agree that we may transmit any information to guides who have made their information available to travlers such as yourself. You understand that guides on our site are not employees of Viamigo and that any contract you enter into with guides who you contact through Viamigo will be solely between yourselves and that Viamigo will not be held liable for any legal action resulting from any such contracts for services. All information you provide to Viamigo may be displayed on the Viamigo website and the information may be provided for display on third party sites such as Google.com. You also agree that other visitors to Viamigo may contact you with the information you provide. If you provide photography, it must not be copyrighted on any other entity except yourself or you must have the right to provide it. This user agreement may be altered in the future, and when it is you will be notified by email with a link to the new agreement. By not deleting your information on our website after being notified of the new agreement, it is implied that you accept the new terms.
Please see the User Agreement for more information.
If the user is a guide, then the user's contact information may be publicly displayed and other Viamigo users will be able to contact the user.
The user is responsible for the user's own safety in connection with the use of the website or the Viamigo system and is responsible for all communications between the user and other Viamigo users. Users are responsible when meeting others with whom they have been connected through Viamigo.
Although we may charge membership fees, request phone numbers and request personal references from guides, Viamigo does not systematically or routinely check or verify the identity of the guides or any references provided by the guides.
Viamigo does not employ any of the guides. If the user is a guide, the user shall not make any statement or representation that does or may imply that the user is employed by Viamigo.
Viamigo does not check or verify the identity of any of the travelers, although we may charge small fees in the future in an attempt to limit frivolous guide contacts.
Viamigo does not guarantee and is not responsible for any services provided by the guides.
Viamigo does not pre-screen or approve content, but Viamigo shall have the right (but not the obligation) in Viamigo's sole discretion to refuse, delete, or move any Content that is available via the Viamigo System for violating the letter or spirit of the user agreement or for any other reason.
Users are responsible for all content, postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked to from Viamigo.
Viamigo does not control and is not responsible for content made available through the Viamigo System.
Users may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable - and users may notify Viamigo.
Content available through the Viamigo System may contain links to other websites, which are completely independent of Viamigo.
Viamigo makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site.
Inappropriate content that does not relate to Viamigo's purpose may be deleted without notice. Examples of reasons for which we may delete content include non-travel related listings, profanity, nudity, defamation, complaints, or flagged listings.
Flagging occurs when users notify Viamigo of content they feel should be reviewed. We will review the content if necessary, or automatically suspend content if a certain level of flagging is reached.
Listings must not contain any inappropriate content or else they may be suspended. Repeated posting of inappropriate content will result in a guide profile being deleted.
Ratings must only be created by users who have a professional relationship with a guide. Examples of relationships include client-guide, agent-guide, user-guide, or users who have simply had an email exchange regarding travel services. If ratings are found not to be true representations of a professional relationship, this will result in deletion of listings and possible profile deletion at the discretion of Viamigo.
Becoming a Viamigo System user currently is free. Viamigo may charge transaction fees for certain services as described on the Website. In the future, Viamigo may charge fees for value-added services or memberships. All fees paid to Viamigo are non-refundable. Viamigo's services may be extended in the future which may affect Viamigo's fee policy. Viamigo reserves the right to modify any fees at any time upon posting such modifications to the Website.
Whether free or paid, violating any policy or agreement may lead to the cancellation of a membership and removal of a user's content from the website.
No member may abuse any other member through communications channels provided by Viamigo. Any harassment or any kind will not be tolerated and may be grounds for membership cancellation, with no refund to fees that may have been paid to Viamigo.
COPYRIGHT ABUSE POLICY
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Viamigo's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), by using our Contact form and selecting Report Abuse.
Please provide our Agent with the following Notice:
a) Send a link to the page on which the abuse has occurred Then identify the material on the Viamigo site that you claim is infringing, with enough detail so that we may locate it on the website. ;
b) Send a link to the source of the materials. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law -;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address;
Viamigo will remove truly infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
In order to use this Web site, you must first complete the registration form and create a user name and password. During registration you are required to give contact information (such as name and email address). We use this information to contact you about the services on our site in which you have expressed interest and to allow other users to contact you.
You have the option to provide demographic information (such as location) to us; we encourage you to submit this information so we can provide you a more personalized experience on our site.
You will receive a registration confirmation email, and you may receive newsletters from Viamigo which you can request not be sent to you via an opt-out process. If you request we not email you, we will try our best to keep you off of our list. Please see more info on this below.
You may be asked to provide a reference email address to us, and we will only use the reference email to send a links so that the receiver can confirm they know you.
Viamigo, INC. is the sole owner of Viamigo.com. Viamigo collects personally identifiable information from our users at several different points on our Web site.
Surveys or Contests
From time-to-time we may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address and phone), and demographic information (such as zip code).
We use this information to improve our services.
We may use a third party service provider to conduct these surveys or contests; that company will be prohibited from using our users' personally identifiable information for any other purpose.
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Viamigo does not store email addresses of friends and uses the information for the sole purpose of sending this one-time email and tracking the success of the program.
Uses of Information
We use the information you provide to allow you to offer your services or request services from others. We may also use your information to target advertising to you based on preferences and demographics you provide to Viamigo.
Communications from the Site
Special Offers and Updates
We will occasionally send you information on services, special deals, and promotions. You can sign up for these emails from us on our registration page.
Out of respect for your privacy, we present the option not to receive these types of communications. Please see the "Choice and Opt-out."
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the "Choice and Opt-out" section.
Service-related Announcements and User-to-User Communication
Guides may not opt out of user-to-user communications as this is the basis for Membership on Viamigo. Travelers may opt out of user-to-user communications.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.
Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you will have the option to deactivate your account.
Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.
We may store information that we collect through cookies, log files, clear gifs, and/or third party sources to create a "profile" of your preferences. We tie your personally identifiable information, and communications history, to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the site for you.
We may share your profile with other third parties.
Information Sharing and Disclosure
Aggregate Information (non-personally identifiable)
We share aggregated demographic information about our user base with our partners and advertisers. This information does not identify individual users. The type of data we may share is geographic location, frequency of use, type of guide or traveler, frequency of communication. We do not link aggregate user data with personally identifiable information.
Personally identifiable information
We do share personally Identifiable Information with Third Parties only in the context of connecting travelers and guides.
Here are various scenarios where Viamigo may share personal information:
- When guides become members and give information about themselves, some of that information is shared with travelers.
- When guides are licensed by specific organizations, we may share their information with those organizations.
- When travelers email guides through our site, traveler information is automatically shared.
For publicity purposes, Viamigo may share personal information about Guides with the media, but only information specifically shared through the site, or information which is shared with Viamigo for the purpose of publicity.
We may use an outside credit card processing company to bill you for services. These companies do not retain, share, store or use personally identifiable information for any other purposes.
We may use other third parties such as translators and web promotion services to provide copywriting services on our site. When you sign up for such services, we will only share the information necessary for the third party to provide that service.
These third parties are prohibited from using your personally identifiable information for any other purpose.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site
We will provide you the opportunity to 'opt-out' of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole.
We may link this automatically-collected data to personally identifiable information in order to fine tune our services.
We use a third-party tracking service Google Analytics, and may use others, that uses beacons and log files to track non-personally identifiable information about visitors to our site in the aggregate so we may better understand site usage.
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. But our persistent cookie is useful. On your request by checking a checkbox, we set a persistent cookie to store your passwords if you wish, so you don't have to enter it more than once. Persistent cookies may also enable us to track and target the interests of our users to enhance the experience on our site.
If you reject cookies, you may still use our site, but your ability to use some areas of our site, may be limited.
Links to Other Sites
This Web site contains links to other sites that are not owned or controlled by Viamigo. Please be aware that we, Viamigo, are not responsible for the privacy practices of such other sites.
We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.
This privacy statement applies only to information collected by this Web site.
Access to Personally Identifiable Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on your profile.
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
In the event Viamigo goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email or by prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.
Changes in this Policy Statement
If we decide to change our policy, we will post those changes to this statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this policy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.