TIGSEE.COM TERMS OF USE

Welcome to TigSee.com. Before using, accessing, or visiting our website, application, mobile app, or accessing any of our other services we encourage you to review these Terms of Use and our Privacy Policy which is incorporated in full by reference and collectively referred to as these “Terms”.

By using TigSee.com, you are agreeing to these Terms. Please read them carefully. If you have any questions, contact us at info@tigsee.com.

These Terms were last updated on April 29, 2015.

ACCEPTANCE OF TERMS OF USE

TGSy, LLC. (“TGSy”, “TigSee” "we," “us”, or “our”) owns and operates the current and future website, mobile and touch versions of www.tigsee.com (collectively, "Site"). By using the Site, or otherwise registering with us, you agree to comply with and accept the following Terms, which together with our Privacy Policy apply to you when you view, access, or otherwise use the Site. You also agree to comply with any applicable local and federal laws, and regulations. We urge you to check these Terms frequently for updates, as they may change. If you do not wish to comply with these Terms, please refrain from using or accessing the Site in anyway.


IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE IMMEDIATELY STOP USING THE SITE OR APP AND ANY SERVICES OFFERED THROUGH THE SITE.


ABOUT TIGSEE

TigSee.com allows users to plan vacations without stress or hassle. It is a platform enabling users to easily discover and connect with reliable Tour Operators, for their various travel needs including destination-based and theme-based needs. Tour Operators found on TigSee.com allow users to tap into their expertise in destinations, accommodations, attractions, food, and overall planning skills to enable users to book single and multi- day package tours (“Tour Operator Offerings”) to enhance their travel experience. The Tour Operator is solely responsible to you for the care and quality of the services and Tour Operator Offerings.

USING THE SITE
  1. Eligibility: To access or use the Site, you must be 13 years or older, and possess the requisite capacity to enter into these Terms.

  2. Permission to use site: Subject to your compliance with these Terms, TigSee grants you a non-exclusive, non-transferable, non-sublicenseable, worldwide, license for personal, non-commercial, use to access the Site.

  3. Site Availability and Access: The Site may, from time to time, be modified, updated, interrupted, or suspended without notice or liability. While we use reasonable efforts to maintain TigSee.com’s and your account’s availability, you understand and agree that there may be interruptions in service.

  4. User Accounts: Users may view content on the Site without creating an account. In order to post experiences, or otherwise interact with content on TigSee.com, including engaging Tour Operators and Tour Operator Offers, users must sign in, in one of two ways:

    1. By using your valid, personal, non-commercial Facebook account
    2. By creating an account on TigSee.com (using your name and email address, and creating a password)
    You may not impersonate or create an account for anyone other than yourself, provide details other than your own, or create multiple accounts. By creating an account, you agree to receive certain communications in connection with this Site. Please read our Privacy Policy for more information

  5. Site Updates: These Terms apply to any updates of the Site. Such updates may occur automatically, without notice to you, and without permission from you.

USER GENERATED CONTENT
  1. What is User Generated Content? User generated content is content available and accessible on the Site, generated by users of the Site, and not TigSee itself. There are two types of user generated content on Tigsee.com:

    1. Public user generated content: Public user generated content includes comments and reviews of travel experiences, comment and reviews about Tour Operators, submitting travel photographs etc.
    2. Private user generated content: Private user generated content is only available and accessible to the Tour Operators you choose to communicate with, and not the general public or Tour Operators with whom you have not communicated. These types of private user generated content include submitting vacation requests to Tour Operators, providing details about travel through tigsee.com to Tour Operators, and uploading travel documents through tigsee.com to Tour Operators.

  2. Ownership: You agree and acknowledge to grant TigSee all rights in ownership of any Public user generated content you may contribute to the Site.

  3. Right to use Public User-Generated Content: We may use public user generated content, generated by you on our Site, in a number of ways, including using reviews of experiences and ratings to publicly display on the Site, incorporating into advertisements and other works, promoting it, and allowing Tour Operators to do the same in connection with their own websites and advertising platforms. We shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, and monitor public user-generated content.

  4. Representation and warranties: You represent and warrant that any content submitted by you has been created by you, or that you are an authorized agent of the content-creator and have express permission to the content. Your represent and warrant that you will not transmit, upload, post or otherwise make available on the Site content that is unlawful, solicitous, pornographic, threatening, harmful, racist, defamatory or invasive of another’s right to privacy.

USER CONDUCT
  1. Restrictions and Limitations on User Conduct: All interactions on the Site must comply with these Terms of Use. To the extent that we, in our sole discretion, find your conduct to restrict, limit, violate or inhibit any other user from using or enjoying any part of the Site, we may limit your access to the Site and seek other remedies.

  2. Prohibited Activity: The following activities are expressly prohibited on the Site. This list is not exhaustive, and we reserve the right to revoke any user’s access to the Site, should such user’s behavior be deemed, in our sole discretion, to be in violation of these Terms.

    • Submitting content to the Site that is in violation of applicable laws (including laws pertaining to solicitation and solicitation of minors, rights of privacy, rights of publicity, and intellectual property laws) related to the Site or any third party’s rights;

    • Submitting content that contain viruses or malware;

    • Causing the unauthorized download or capture of any copyrighted, confidential or private information;

    • Providing purposely false, inaccurate or otherwise fraudulent information in connection with your account and information you may submit in the form of comments, experiences or ratings.

    • Providing false, inaccurate, misleading or otherwise fraudulent information in connection with your account or information.

    • Impersonating another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud;

    • Submitting information protected by copyright, trademark, trade secret of other proprietary right collectively “intellectual property” or “IP” without the express permission of the owner of such IP.

    • Accessing data, accounts, pages or information not authorized for your access purposefully, such as by logging into another’s account;

    • Tampering, modifying or manipulating pages on the Site that are not meant for public modification;

    • Modifying, tampering with, or otherwise creating derivative works of the Site;

    • Submitting “spam” or “mail bombs” to the Site or its users; or

    • Using the Site to advertise or solicit for commercial, political, religious purposed or otherwise, without being designated a Vendor on the Site, including by means of unauthorized hyperlinking to the Site from any other website.

  3. Your Account: Any violation of these Terms of Use may result in termination of your account, without notice. Upon termination, the provisions of these Terms shall survive the termination.

PRIVACY

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms of Use, and available at Privacy Policy.

INTELLECTUAL PROPERTY

The Site contains material protected by copyright, trademarks and other proprietary information, including, but not limited to, audio, graphic, photographic and text information and the entire contents of the Site are protected by copyright, trademark and other intellectual property laws of the United States. Except as expressly provided herein, nothing in the Terms gives you a right to use the TigSee name or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Site is entirely voluntary and you agree that we can use the feedback, comments, and suggestions without any obligation to you. Further You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

TOUR OPERATOR RELATIONSHIP
  1. Tour Operator Accounts: To ensure only the highest quality of service and customer satisfaction, the Tour Operators invited to be part of the TigSee experience are audited using strict criteria, and must pass our screening system before coming along for the ride. Rest assured that Tour Operator Accounts pertain to verified businesses with a track record of high performance, excellent user reviews, industry awards and expertise in their areas of tourism.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE SITE TO YOU. EACH SUBSECTION BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION.

  1. YOU EXPRESSLY AGREE THAT USE OF THE SITE, PROVIDED TO YOU ON AN “AS IS” BASIS, IS AT YOUR SOLE RISK. THIS INCLUDES ALL CONTENT, USER-GENERATED CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, TOUR OPERATOR OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE. NONE OF TIGSEE’S, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE.

  2. WE DO NOT MAKE ANY WARRANTY AS TO THE QUALITY OR ACCURACY OF INFORMATION THAT MAY BE OBTAINED FROM USE OF THE SITE, OR OF THE RELIABILITY OF USER-GENERATED CONTENT PROVIDED THROUGH THE SITE.

  3. TO THE EXTENT ALLOWED BY APPLICABLE LAW, TIGSEE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE TOUR OPERATOR OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

  4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE IS YOUR IMMEDIATE DISCONTINUATION OF USE OR ACCESS TO THE SITE.

  5. IN NO EVENT SHALL TIGSEE, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE THE SITE, AND INFORMATION CONTAINED THEREIN. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES.

THIRD PARTY WEBSITES

The Site may contain links to websites maintained by Tour Operators and/or other parties. These links are provided solely for your convenience and do not purport to endorse or present our opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.

INDEMNIFICATION AND RELEASE

You agree to defend, indemnify and hold harmless TGSy, its subsidiaries and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to:

  • any Tour Operator Offerings purchased by you through the Site;
  • any user-generated content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use;
  • fraud you commit or your intentional misconduct or gross negligence; or
  • your violation of any applicable U.S. or foreign law or rights of a third-party.
You are solely responsible for your interactions with Tour Operators and other users of the Site. To the extent permitted under applicable laws, you hereby release TGSy from any and all claims or liability related to any product or service of a Tour Operator, any action or inaction by a Tour Operator, including but not limited to any harm caused to you by action or inaction of a Tour Operator, a Tour Operator’s failure to comply with applicable law and/or failure to abide by the terms of a Tour Operator Offering and any conduct, speech or user content, whether online or offline, of any other third-party.

TERMINATION

You may terminate the Terms at any time by emailing info@tigsee.com or revoking Facebook permissions, and discontinuing use of the Site and any services provided through the Site. We may close or suspend your account to discontinue your access to certain parts of the Site, for any or no reason and without notice due to you, and without liability of any kind. We retain the right to use content generated on the Site by you even after your account has been terminated. In the event of termination by either the User or TGSy, Section 3, 6, 8, and 10 shall survive and remain in effect.

GENERAL TERMS
  1. Revisions and Errata: The content appearing on the Site could include technical, typographical, or photographic errors. We do not warrant that any of the content or other materials on its website are accurate, complete, or current. We may make changes to the content and materials contained on its website at any time without notice. We do not, however, make any commitment to update the materials.

  2. Term of Agreement: This Agreement along with any other of our policies shall remain in full force and effect for as long as you are a user of the Site. In the event of termination of your access to the website, you will still be bound by these terms and conditions and the accompanying policies for a period of three years.

  3. Domicile of this Website: This Site is controlled, owned, and operated in the State of Washington. If you access this Site from any other location in the world you do so at your own risk and you are responsible for the compliance of your own jurisdiction’s laws and regulations.

  4. Jurisdiction and Choice of Law: The validity, interpretation, and performance of the Agreement are governed and controlled by the laws and regulations of the State of Washington. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the State of Washington.

  5. Severability: In the event any provision of the Agreement are found to be illegal, invalid, or unenforceable for any reason, the legality, validity, and enforceability of the remainder of the terms and conditions shall not be affected and shall remain in full force and effect to the greatest extent permitted by law.

  6. Changes to this Agreement: We reserve the right to change or modify the Agreement, at any time and without notice. Changes to the terms and conditions or other policies will be effective upon the posting of a notification of change on the website.

  7. Entire Agreement: This Agreement along with the services’ other policies contains the complete agreement between you and TGSy. Any prior versions of this Agreement shall have no effect on these terms and conditions.

  8. Assignment: We reserve the right to assign the Agreement, including any other notices or policies to any third party at our sole discretion by acquisition of this website or by merger.

DISPUTE RESOLUTION

You agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Site.

  1. Informal Negotiations: Parties to a dispute concerning the terms and conditions of use, the Privacy Policy, or the use of this website will attempt to informally negotiate a potential settlement or resolution to the dispute;

  2. Online Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.

  3. Binding Arbitration: If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington.

Digital Millenium Copyright Act

We respect the intellectual property of others, and reserve the right to delete or disable content that appears to violate these terms or applicable law. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

The notification must be sent to:

TGSy LLC
Attn: Legal Department
3417 Evanston Ave
Ste. 212
Seattle, WA 98103

We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.

Contact us

If you have any questions regarding the terms and conditions, please email us at info@tigsee.com

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