Privacy Policy and Terms of Use

WalknTours (“our”, “us” or “we”) respects the privacy of our customers and other users of our website located at https://www.walkntours.com (the “Site”), the mobile applications provided to our customers (the “App”) and the publishing tools that we provide (the “Tools,” and collectively with the Site and the App, the “Services”).

This Privacy Policy explains how we collect the personal information of our customers and other users of our Services (collectively, "Users"), how we handle and protect that information, and what Users can do to help protect that information.

By using the Services, you consent to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at [walkntours.com/terms].

Collection and Use

Personal Information. In the course of using the Services, we may ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, hometown and email address. We use your Personal Information to provide the Services and administer your inquiries. We will also use your Personal Information to contact you with WalknTours marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the un-subscribe instructions provided in any of the communications. (See "Accessing, correcting, and deleting your personal data", below.)

We collect this Personal Information for the purpose of providing the Services, communicating with you, responding to your requests/inquiries, and improving our Services. We may share your Personal Information with our affiliates and with other carefully selected companies that we believe offer services and products that would potentially be of interest to you.

Usage Information. When you use our Services our servers automatically record information (“Log Data”), including, but not limited to, your computer’s or your device’s Internet Protocol (“IP”) address, browser type, the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for via our Services, search or download activity, access times and dates, and other statistics. We also record data through use of the App, including data about when tours were taken, which stops were completed or ended, timing, and other relevant data.  We use this information to monitor and analyze use of the Services, for the Services’ technical administration, to increase our Services’ functionality and user-friendliness, and to better tailor it to our visitors’ needs.

Cookies. Like many websites and online services, we use “cookies” on our Services to collect information. A cookie is a small data file that we transfer to your smartphone or computer. Most Internet browsers automatically accept cookies. We may use both session cookies and persistent cookies to better understand how you interact with our Services, to save your preferences and personalize the Services for you, to monitor aggregate usage by WalknTours Users and web traffic routing on our Services and to improve our Services generally. Third parties, may also place or read cookies on your computer. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.

We also use “pixel tags,” “clear GIFs”, “web beacons” or similar means (individually or collectively “Pixel Tags”) on our Apps and our Site. A Pixel Tag is an electronic image, often a single pixel, embedded on web pages. Pixel Tags are ordinarily not visible to users. Pixel Tags allow us to count the number of WalknTours Users who have visited certain pages of the Site, to deliver branded services and to generate statistics about how our Site is used.

Location Information. With your permission, we may also collect your GPS or other location information. This information is helpful because it enables us to provide location-specific services to you when you use the App, such as telling you about important sites that are near you, or offering content or offers to you. If you choose not to allow us to collect your location information, you will not be able to access the location features of the App.

Device Information. We may collect information about your mobile device and internet connection, including the device’s unique identifier, operating system, browser type, mobile network information and the device’s telephone number.

Sharing and Disclosure. We do not share Personal Information with third parties except as follows:

Registered Users. When you register with the Services and create a profile, you will be prompted to enter certain Personal Information. If you connect using a third-party SNS (see Third Party Social Networking Services below) your information (as part of your profile) will be listed publicly on our Services. Note that your email address will not be publicly visible unless you choose to add it as part of your profile information (see Sharing Content With Others below for more information on when your email address may be shared).

Adding Content to the Services. If you choose to add content to the Services, including without limitation, photos, pictures, graphics, videos, text, audio, links, comments, works of authorship, data or information (any and all of the foregoing “Content”), such content will be publicly viewable via the Services and subject to the Terms of Service. Your name will also be publicly associated with any Content you add.  Whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected or used by others. Such postings may also appear on other websites or when searches are executed on the subject of your posting. Such activities are beyond the control of WalknTours and this Privacy Policy. You should therefore exercise discretion when disclosing any Personal Information or other information when using the public message boards.

Third Party Social Networking Services. Registered Users may link their accounts with certain third party social networking services (“SNSs”) and doing so may associate Personal Information from that SNS with your account on the Services, for instance, your name. If you choose to link your account with an SNS then, with your permission and on your behalf, we will share your Personal Information, including, but not limited to, information contained in your profile and any Content with the applicable SNS. Through use of such SNS’s APIs we also receive certain information (which may include your Personal Information) in accordance with the privacy settings you have set in your SNS account, if any. Other than what we may share with the SNS in connection with your linking of accounts, the personal information an SNS has about you is obtained by the SNS independent of our Services. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other services you use. If you link an SNS account to your WalknTours account on the Services then, depending on the settings you have selected on the SNS, users of that SNS may be able to search for and find your linked account on the Services and/or use that SNS to view your activity on the Services. We will not post any information to an SNS on your behalf without first obtaining your consent.

Service Providers. We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Services’ features) or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Tour Developers.  When you take a tour in the WalknTours app and start the tour by clicking the open button on the tour introduction screen the tour developer that owns that account will receive your information, not limited to, contact email, name and hometown.  They may also contact you.  If you choose to not communicate with the tour developer then directly contact that tour developer when they contact you.  We take no responsibility the communications. 

Anonymous Information.  We provide statistics and the aggregated anonymous information on which the statistics are based to our publisher and advertising partners as part of the services that we provide to those partners. These statistics and information contain no Personal Information.

We may also use the anonymous information we collect:

  • as part of our efforts to keep the Services safe and secure;

  • to protect our or others' rights or property;

  • to provide you with location features and services, like telling you and your friends when there are sites that would interest you nearby;

  • to measure or understand the effectiveness of content or ads you and others see, including to deliver relevant content or ads to you;

  • to make suggestions to you and other users; and

  • for internal operations, including troubleshooting, data analysis, testing, research and service improvement.

Compliance with Laws and Law Enforcement. We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect WalknTours’s rights or property.

Do Not Track Disclosure.  Many browsers provide users with a Do Not Track (DNT) privacy preference. When DNT is activated by a user, the browser sends an automated DNT signal to website servers that inform those websites that the user does not want to be tracked.

At this time, the Site and the App do not recognize automated browser signals regarding tracking mechanisms such as DNT.

Business Transfers. WalknTours may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. We will provide you with notice of the transfer of your Personal Information to the new entity.

EU personal data

If you are located in the EU, United Kingdom, Liechtenstein, Norway, Switzerland, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) related to your personal data, as further described below. At this time WalknTours only offers the Services in the United States.  To the extent that GDPR or successor laws apply, WalknTours will be the controller of your personal data processed in connection with the Services.

Accessing, correcting, and deleting your personal data

You have certain rights with respect to your personal data, and we want to help you review and update your information to ensure it is accurate and up-to-date.

If you have a WalknTours account, you can accomplish most of the following by logging into your account. For more information or any additional requests you can contact us via info@WalknTours.com.

  • Access: You can request more information about the personal data we hold about you and request a copy of such personal data.

  • Rectification: If you believe that any personal data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.

  • Portability: You can ask for a copy of your personal data in a machine-readable format.

  • Erasure: You can request that we erase some or all of your personal data from our systems. If you wish to erase all of your personal data, you can sign in and delete your user account from the account settings page. If you completely delete all such information, then your account may become deactivated. Deleting your account will delete Content you saved; however, if that Content has been downloaded by another Registered User or is otherwise also associated with another Registered User’s account (for instance a comment you left on another Registered User’s page) then the Content will not be deleted from that Registered Users’ account if you delete your account. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Security

WalknTours is very concerned with safeguarding your information. We employ reasonable physical, technological, and administrative security measures. 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.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International privacy laws

If you are using our Service from outside of the United States, please be aware that you are sending data, including personally identifying information, to the United States where our servers are located. That information may then be transferred within the United States and then transferred back out of the United States to countries outside of your residence, depending upon the type of information and how it is stored by us. Our collection, storage and use of your personal information will at all times continue to be governed by this Privacy Policy.

California Privacy Laws

If you are a California resident, you have certain additional rights regarding our use of your Personal Information.  To learn more about your rights, visit [link to California Privacy Notice]. Among other things, you may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request please send an e-mail to info@walkntours.com or write us at 450 Harrison Ave, Boston, MA, 02118.

Transfer

Your information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy by accessing or using the Services followed by your submission of such information represents your agreement to that transfer.

Third Party Websites

Our Services contain links to other websites. If you choose to visit a third party website, for instance by “clicking on” a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites or over the choice of which third party sites are linked to using the Services. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Legal Compliance.  Although we make every effort to preserve your privacy, we may need to disclose or provide access to your Personal Information if we have a good faith belief that such action is necessary to comply with the law, such as in connection with a judicial proceeding, court order or legal process.

Children

These Services are not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If you are between the ages of 13 and 18, you must have your parent(s)’ or legal guardian(s)’ permission to use the Services. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information and terminate the account.

Contact

If you have any questions about this Privacy Policy, please contact us at info@WalknTours.com.

Privacy Policy Change

WalknTours may change its Privacy Policy from time to time, and in WalknTours’ sole discretion. WalknTours encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Effective as of 6-11-2019.

WalknTours Terms of Use

Your use of the walkntours.com website (the “Site”), WalknTours publishing tools (the “Tools”) and the WalknTours app for mobile devices (the “App”) (collectively the Site, the Tools, and the App are referred to as the “Services”) constitutes your agreement and acceptance without modification of the legal disclaimers, notices, terms and conditions set forth herein (the “Terms of Use”) as well as WalknTours’ Privacy Policy.  You acknowledge that you have read the Terms of Use and that you are legally authorized (or, if you are an individual, legally competent and over the age of 18 years) to accept and agree to these terms. If you do not agree and accept without modification the legal disclaimers, notices, terms and conditions set forth herein, do not use or access the Services.  These Terms of Use are subject to change from time to time without notice.  Your use of the Services following any change constitutes your agreement to be bound by the terms and conditions then in effect.

The materials, images and all products and services available on or associated with the Site and the App are provided by WalknTours.  Please also read our Privacy Policy to learn how we collect and use information.

License

We hereby grant you a non-exclusive, non-transferable, personal, revocable license to use the Services in accordance with these Terms of Use. The license granted to you by us for the App is limited to a non-transferable license to use the App on any mobile device that you own or control. This license does not allow you to distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App.

You agree not to use the Services for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers, or damages our property. You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations.

Content

In utilizing the Services, you may be permitted to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site and/or the App (collectively, "Submit"), including, but not limited to, images, information, articles, photos, videos, or text (collectively, "Content"). You agree not to Submit any Content that:

  • contains vulgar, profane, abusive, or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;

  • contains sexually explicit language, pictures or other materials;

  • is defamatory, threatening, harassing, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; hatred or physical harm of any kind against any group or individual, such as Content that promotes racism, bigotry, obscenity, or discrimination;

  • advertises, promotes or offers to trade any goods or services or engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

  • is intended primarily to promote a cause or movement, whether political, religious or other;

  • contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content (including the right for WalknTours to redistribute such copyrighted material to its users), or otherwise infringes any copyright, trademark, patent, trade secret, or other intellectual property right;

  • constitutes, promotes or encourages illegal acts, vandalism of property, the violation of any right of any individual or entity, or the violation of any local, state, national or international law, rule, guideline or regulation;

  • reveals the identity or any personal details of any person other than yourself including, without limitation, any other member without that person's permission;

  • contains any identifiable personal contact information (other than for purposes of registering for the Services);

  • expresses or implies that any statements you make are made or endorsed by us;

  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits or provides personal information from anyone under 18;

  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

  • solicits passwords or personally identifying information for commercial or unlawful purposes from other users; or

  • is not otherwise in compliance with these Terms of Use.

The foregoing is a partial list of the kind of Content that is illegal or prohibited on the Site and the App. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this section or any other provision of these Terms of Use, including without limitation removing the offending Content from the Site or the App, terminating the violator's access to the Services, and contacting and disclosing information to the relevant authorities. We reserve the right (but disclaim any duty, obligation, or responsibility) to review, screen, refuse to post, remove in its entirety, or edit (at any time and without prior notice) any Content that we believe, in our absolute and sole discretion, may violate these Terms of Use.

You are solely responsible for the Content that you Submit to the Site and/or the App or transmit to other members. We will not be responsible, or liable to any third party, for the content, accuracy or legality of any Content posted on the Site and/or the App. We reserve the right to disclose your identity to any third party who claims that any Content posted by you on the Site and/or the App constitutes a violation of their intellectual property rights, their right to privacy, or any other rights.

By posting Content to any public area of the Site and/or the App, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, and display, the Content for all purposes connected to operating and promoting the Services. We will not sell or sublicense your Content to any third party, however if WalknTours is acquired, this license may be assigned to our successor.

Your Account

In order to access the Services, you will have to register an account with WalknTours (“Registered User”). Upon registration, you will have to provide accurate and complete information. It is important that you keep your WalknTours account password secure and confidential. Any personal data you choose to provide about yourself in connection with your use of the Services will be collected, stored, and used in accordance with our Privacy Policy.

You must notify WalknTours immediately of any breach of security or unauthorized use of your WalknTours account that you become aware of.

You agree that you will be solely responsible (to WalknTours, and to others) for all activity that occurs under your WalknTours account. WalknTours reserves the right to disallow, cancel, remove or reassign certain usernames in appropriate circumstances, as determined by WalknTours in its sole discretion.

Although it is our intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

You may cancel or terminate your account and/or use of any Services, with or without cause at any time, by providing written notice to us via email at info@walkntours.com. Any attempt to terminate your account by means other than those described below will not be considered a proper termination. We also reserve the right, in our sole and absolute discretion, at any time and with or without prior notice to you, to suspend, cancel, transfer, or terminate your password, account, and/or use of any Services for any reason whatsoever.

Description of the Services

Registered Users of the Services who are approved to use the Tools and subscribe to a tour developer plan and pay all required fees may create and publish tours (hereinafter “Tours”) by submitting, uploading and posting Content to WalknTours via the Services (each such Registered User is a “Developer”).  Please contact us at info@walkntours.com for more information on becoming a Developer and applicable fees.  Developer fees are subject to change from time to time in the sole discretion of WalknTours.  WalknTours reserves the right in its sole discretion to deny access to the Tools and to determine whether or not to put a Developer’s Tours on the Site or the App.  Registered Users and other users of the Services who are not Registered Users may also, view, access and download Content, via the Services. Any Content for the Developer Tours provided by Developers to WalknTours using the Tools via the Services will be stored by WalknTours at the direction of such Developer, and, if WalknTours decides to make the Developer’s Tours available on the Site or the App, may be shared and distributed to other Registered Users and other third parties (either free of charge or subject to a fee, as directed by the Developer and subject to these Terms of Use), using the tools and features provided as part of the Services. Each Developer is subject to a registration process to access the Tools, however WalknTours does not review all Tour Content prior to publication.  WalknTours is not responsible to any third party for the substance of any Developer Tours or Content posted by a Developer or any other Registered User to the Site or the App.  Any Content that violates these Terms of Use should be reported to WalknTours immediately at info@walkntours.com.

The Services also may enable Registered Users to contribute ratings and commentaries, and enables any user of the Services (whether or not Registered Users) to view and access Content made available by Registered Users. WalknTours may, from time to time, release new tools, resources, features or other services (“New Services”) on the Website, via the Tools and/or the App. Any New Services will be subject to these Terms of Use as well as any additional terms that we may release for those specific services or features.

Safety

Certain of the Services may permit and/or facilitate interactions among or between users, including through comments, discussion forums and/or similar features as well as in the real world environment.  Always be aware of your surroundings and the risks inherent in travelling on city streets and sidewalks.  It is up to you to ensure that you comply with all traffic and safety laws.  Be careful with your personal belongings, especially in unfamiliar areas.  If you choose to interact with other users of the Site or the App, you do so entirely at your own risk. You should exercise caution in evaluating what you see when involved in internet communication with people who are unknown to you and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal.

By using the Site or the App, you accept that any user messages and communication may not be genuine and you agree to take reasonable precautions in all interactions with other users of the Site or the App, particularly if you decide to meet offline or in person. You are solely responsible for your interactions with other users. You should not provide your personal or financial information (for example, your credit card, social security number or bank account information) to other users.

Content Available for a Fee - Registered Users

Some Content may only be downloaded subject to a fee, as chosen by WalknTours or the Developer.

Payments are due without the need for an invoice, and can be made through the Apple Store using your Apple ID. All payments include VAT or other sales tax where applicable. All payments and refunds are subject to the Apple Store terms and conditions.

Until you receive confirmation of payment from Apple, no contract is concluded. Completion of the registration process with WalknTours is merely an offer to conclude a contract, and does not constitute the conclusion of a contract.

Grant of License to WalknTours to Content You Provide

By uploading or posting your Content to the Site and/or the App, you direct WalknTours to store your Content on its servers from where you authorize the use, reproduction, transmission, distribution, display, making available and other communication to the public of your Content using the Services.

To enable WalknTours to provide the aforementioned services and to enable your use of the Services, you hereby grant the appropriate license to WalknTours on a limited, worldwide, non-exclusive, royalty-free and fully paid basis. Such license includes a right for WalknTours to:

Use, post, reproduce, transmit, distribute, display, make available, transfer (with right to sub-license) and prepare derivative works of such Content;

Promote and redistribute part or all of your Content (and derivative works thereof), for marketing, sales and promotional efforts whether on the Site, the App or through third parties, in any media formats and through any media channels;

If you are a Developer and use the Tools to create your own Tours (“Developer Tours”), you also grant WalknTours the right to use your name, approved likeness, and approved biographical information in any media now known or hereafter invented for purposes of advertising and promoting your Content and the WalknTours Services. You will, promptly, provide WalknTours an image and brief written biography suitable for use by WalknTours in the marketing of your Content. Any image or biographical information you provide will be deemed approved by you upon submission to WalknTours. If you are not the author of your Content, you agree to obtain for WalknTours the right to use the author’s (or editor’s) name, likeness, and biographical information in any media now known or hereafter invented for purposes of advertising and promoting your Content and the Services.

For the avoidance of doubt unless you are a Developer and choose to make your Developer Tours available to Registered Users for a fee, no compensation shall be due to you for WalknTours’ use of your Content for any of the rights stipulated in this section. In the event that you direct WalknTours (in accordance with these terms) to make your Developer Tours available to Registered Users for a fee (provided that WalknTours decides to make the Developer Tours available on the Site or the App), WalknTours agrees to collect and forward Developer Tour Fees (described below) to you solely upon the sale of your Developer Tours to a Registered User and subject to the Compensation – Developers paragraph below. Other than the forwarding the Developer Tour Fees in accordance with these Terms of Use, no other compensation shall be due to you for WalknTours’ use of your Developer Tours or for any of the rights stipulated in this section.

Grant of License to Users to Content You Provide

By uploading and posting your Content, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up (or if you are a Developer, subject to a specific fee), license to other users of the Services, to download, use, share, display, and otherwise communicate your Content for personal, non-commercial purposes only.

Removal of your Content from your account will automatically result in the deletion of the relevant files from WalknTours’ systems and servers.  Licenses with respect to comments or other contributions that you make on the Site will be perpetual and irrevocable, and will continue notwithstanding any termination of your account. Notwithstanding the foregoing, you hereby acknowledge and agree that once your Content has been downloaded by a user of the Services, WalknTours is not obliged to ensure the deletion of your Content from any servers, smartphones or systems operated or under the control of a third party, or to require that any user of the Services deletes any item of your Content.

Compensation - Developers

If you are a Developer, and if permitted by WalknTours, you may choose to make your Developer Tours available through the Services subject to a fee and hereinafter described as a “Fee” or “Fees”. WalknTours will collect Fees in respect of your Developer Tours that are purchased by Registered Users and deduct a portion of such Fees before remitting the remainder to you. Deductions include a percentage of the Fee charged by Apple (currently 30%) for making your Developer Tours available for a Fee on the Apple Store and a percentage charged by WalknTours (currently 10%) for payment processing, publication, distribution, storage and support of your Developer Tours (“Deduction” or “Deductions”). You will therefore receive 60% of the Fees collected, based on the current charges by WalknTours and others. The Fees for amount due to WalknTours for Deductions are subject to change as may be decided by WalknTours from time to time in its sole discretion upon providing you 30 days’ notice by e-mail at the last address contained in your membership information. Apple fees are also subject to change from time to time.  If at any time the Fees or the Deductions are not acceptable to you, you may terminate your use of the Site and the App in accordance with these Terms of Use.

WalknTours will endeavor to make payment of Tour Fees collected net of Deductions (“Developer Tour Fees”) in respect of purchased downloads of your Developer Tours on a monthly basis on or about the 15th day of the month following the date such sale is reported and fees paid to WalknTours by Apple, provided such fees aggregate a minimum of US$100.00, failing which Developer Tour Fees owing will be retained until they exceed such minimum. Balances will be remitted by WalknTours to Developers via PayPal, direct deposit or other payment methods described on the Site, the Tools or via the App. In all cases, payment of Developer Tour Fees will be net of: (i) any bank, payment charges or foreign currency processing costs in order to make payment to you (ii) applicable taxes or other withholdings required by applicable law; (iii) bad debts or other uncollectible sums; (iv) legal and other reasonable fees incurred in enforcing these Terms of Use or the agreements contemplated herein; (v) cancellations or refunds where the original sale has been reported to you, including but not limited to where due to a fraudulent transaction; (vi) overpayment of Developer Tour Fees in a prior period; and (vii) any amounts owing by the Developer to WalknTours under these Terms of Use or otherwise. Without limiting the generality of the foregoing, WalknTours is entitled to set-off against any amount owing to Developer all amounts to which WalknTours is or may be entitled under these Terms of Use or otherwise at law, including withholding amounts as security for any pending or threatened claim relating to any matter which is the subject of a representation, warranty or indemnity of the Developer under these Terms of Use.

Third Party Websites and Services

The Services may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, (hereinafter “External Services”).

WalknTours does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, WalknTours does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by WalknTours with respect to the Services. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

WalknTours disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against WalknTours with respect to the content or operation of any External Services.

Disclaimer of Warranties

WALKNTOURS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES (INCLUDING DEVELOPER TOURS) AVAILABLE ON OR ASSOCIATED WITH THE SITE, THE TOOLS AND THE APP FOR ANY PURPOSE.  ALL SUCH MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  WALKNTOURS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  DEVELOPERS ARE SOLELY RESPONSIBLE FOR THE CONTENT OF THE TOURS THEY CHOOSE TO MAKE AVAILABLE THROUGH THE APP OR THE SITE.  WALKNTOURS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE (INCLUDING ANY DEVELOPER TOURS), THE TOOLS OR THE APP, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE, THE TOOLS OR THE APP OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE, THE DEVELOPER TOURS, THE TOOLS OR THE APP.  YOUR USE OF THE SITE, THE DEVELOPER TOURS, THE TOOLS AND THE APP IS AT YOUR OWN RISK. 

 

Limitation of Liability

IN NO EVENT SHALL ANY OF WALKNTOURS, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE TOOLS OR THE APP, THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR ASSOCIATED WITH THE SITE (INCLUDING ANY DEVELOPER TOURS), THE TOOLS AND THE APP, THE DELAY OR INABILITY TO USE THE SITE, THE TOOLS OR THE APP OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, THE TOOLS OR THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE APP, THE DEVELOPER TOURS, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE, THE APP AND/OR THOSE SERVICES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WALKNTOURS, ITS OFFICERS, DIRECTORS, EMPLOYEES AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES OR THE SITE, THE TOOLS OR THE APP, (B) ANY CONTENT YOU MAY POST ON THE SITE OR THE APP, INCLUDING THE DEVELOPER TOURS, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THESE TERMS OF USE. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSIBLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY THE COMPANY AFFILIATES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

Ownership of the Site and the App

The Site, the Tools, the App, and all information, materials and content available on the Site, the Tools, and/or the App, including without limitation any trademarks, logos, service marks, trade dress, text, and graphics, is the property of WalknTours and/or certain third-parties. Nothing contained on the Site, the Tools or the App should be construed as granting, by implication or otherwise, any license or right to use any of the information, materials or content available on the Site, the Tools, and/or the App without the written permission of the party that owns such information, materials or content, whether it be WalknTours or a third party.

Revisions and Errata

The materials appearing on the Site, the Tools, and/or the App could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Site, the Tools, or the App are accurate, complete, or current. We may make changes to the materials contained on the Site, the Tools, and/or the App at any time without notice. We do not, however, make any commitment to update the materials.

Feedback

Any comments or feedback you provide to WalknTours regarding the Site, the App or WalknTours’ services are deemed to be non-confidential.  This includes suggestions, ideas, comments or other submissions to WalknTours, whether through the Site or otherwise.  WalknTours shall be free to use such comments or feedback on an unrestricted basis, without compensation to you.  You agree that no comments or feedback submitted by you to WalknTours will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.

Copyright Infringement

WalknTours takes copyright infringement seriously.  We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site or the App infringe your copyright, you may request removal of those materials (or access to them) from the Site or the App by submitting written notification to info@walkntours.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site or the App, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

  If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.  Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is the policy of WalknTours to terminate the User accounts of repeat infringers.

Jurisdiction and Governing Laws

You agree that these Terms of Use and your use of the Site, the Tools, and the App are governed by the laws of the Commonwealth of Massachusetts, USA.  You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boston, Massachusetts USA in all disputes (a) arising out of, relating to, or concerning the Site, the Tools, the App and/or these Terms of Use, (b) in which the Site, the Tools, the App and/or these Terms of Use is an issue or a material fact, or (c) in which the Site, the Tools, the App and/or these Terms of Use are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.  Use of the Site, the Tools, the App and/or these Terms of Use is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.  WalknTours has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, the Tools and the App, but makes no representation that materials on the Site, the Tools, or on the App are appropriate or available for use in any particular jurisdiction.  You are responsible for compliance with applicable laws.   Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Miscellaneous
You agree that WalknTours may at any time and without notice change the terms, conditions and notices under which the Site, the Tools, and the App are offered.  WalknTours reserves the right in its sole discretion to deny access to the Site, the Tools, the App or any portion of each to any person or user without notice.

You agree that no joint venture, partnership, employment or agency relationship exists between you and WalknTours as a result of this agreement or your use of the Site, the Tools, or the App.

WalknTours’ performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of WalknTours’ right to comply with law enforcement requests or requirements relating to your use of the Site, the Tools, or the App or information provided to or gathered by WalknTours with respect to such use.

Privacy

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in these Terms of Use by reference. For full details, please refer to our Privacy Policy at walkntours.com/privacypolicy.

 

This document was last updated on June 11, 2019.

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