Last Updated: November 1, 2013
Donuts Bangkok Co., Ltd. (“Donuts”, “we”, “us”, or “our”) provides a service, including, but not limited to, under the name of “Meetrip”, that connects Tour Guides (defined below) with Travelers (defined below) through an online platform (the “Service”). The Service is accessible at the Site (defined below) and through the Application (defined below).
Some areas of the Site and Application may have different terms and conditions or may require you to agree with and accept additional terms and conditions (collectively, the “Additional Terms”). If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall prevail with respect to your use of or access to that area of the Site and Application.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, you and your will refer and apply to that company or other legal entity.
“Application” shall mean an application for mobile devices.
“Collective Content” means Member Content and Donuts Content.
“Content” shall mean texts, graphics, images, music, software (excluding the Application), audio, video, information and other materials.
“Donuts Account” shall mean an account to enjoy the Service.
“Donuts Content” means all Content that Donuts makes available through the Site or Application, including any Content licensed from a third party, but excluding Member Content.
“Last Updated Date” shall mean the last date when these Terms are modified or changed.
“Member” shall mean a person who registers to create a Donuts Account, including, but not limited to, Tour Guides and Travelers.
“Member Content” means all Content that a Member makes available by posting, uploading, publishing, submitting or transmitting via the Site or Application.
“Password” shall mean a password to login to your Donuts Account.
“Recurring Payments” shall mean any recurring or incremental payments toward the Total Fees which are required before beginning of the applicable Tour.
“Service Fees” shall mean Donuts’s fees for the Service.
“Site” shall mean meetrip.to and any other websites through which Donuts makes the Service available.
“SNS” shall mean social networking sites.
“Tax” or “Taxes” mean any sales taxes, consumption taxes, value added taxes (VAT), goods and services taxes (GST) and other similar local, national, municipal, state or federal indirect or other withholding and personal or corporate income taxes.
“Third Party Account” shall mean an account registered with third party’s SNS.
“Total Fees” shall mean fees that the Traveler must pay to participate in the Tour, which consist of Tour Fees and any other possible fees such as fees for Donuts.
“Tour” shall mean a travel activity program posted by the Tour Guide on the Site or via the Application.
“Tour Fees” shall mean fees for the Tour, which are displayed in each description of the Tour.
“Tour Guide” shall mean a Member who posts the Tour available via the Site or Application.
“Tour Guide Fees” shall mean fees that are charged to the Tour Guide based upon a percentage of the amount of the Tour Fees.
“Traveler” shall mean a Member who requests a booking of a Tour via the Site or Application, or a Member who participates in a Tour and is not the Tour Guide for such Tour.
Donuts reserves the right, at its sole discretion and without prior notice to or consent by users of the Site and Application, including, but not limited to Members, to modify or change these Terms, including, but not limited to, the Service, Service Fees, Site and Application at any time. If we modify or change these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to enjoy the Service, access or use the Site or Application, or download or post any Content from or on the Site or via the Application after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be legally bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease enjoying the Service, accessing or using the Site and Application, and downloading or posting any Content from or on the Site or via the Application.
The Service is intended solely for persons who are 18 or older. Any enjoyment of the Service, access to or use of the Site or Application, or downloading or posting any Content from or on the Site or via the Application by anyone under 18 is expressly prohibited. By enjoying the Service, accessing or using the Site or Application, or downloading or posting any Content from or on the Site or via the Application, you represent and warrant that you are 18 or older.
5. How the Site and Application Work
The Site and Application can be used to facilitate to post and book the Tours. The Tours are available on the Site and Application by Tour Guides. You may view the Tours as an unregistered user of the Site and Application. However, if you wish to post or book a Tour, you must first register to create a Donuts Account and become a Member.
6. Account Registration
In order to access certain features of the Site and Application, and to post or book a Tour, you must register to create a Donuts Account and become a Member. You may register to create a Donuts Account directly via the Site or Application or indirectly via the Third Party Account.
You can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Donuts Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Donuts through the Site, Services or Application; or (ii) allowing Donuts to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Donuts and/or grant Donuts access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Donuts to pay any fees or making Donuts subject to any usage limitations imposed by such third party service providers. By granting Donuts access to any Third Party Accounts, you understand that Donuts will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Donuts Account and Donuts Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Donuts Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Donuts’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Donuts Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Donuts makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Donuts is not responsible for any SNS Content.
We will create your Donuts Account and your Donuts Account profile page for your use of the Site and Application based upon the personal information that you have provided to us or we have obtained via an SNS. You may not have more than one (1) active Donuts Account. You agree to provide accurate, current and complete information for the Member registration and to update such information to keep it accurate, current and complete. Donuts reserves the right to suspend or terminate your Donuts Account and your access to the Site and Application if you create more than one (1) Donuts Account or if any information provided for the Member registration or thereafter seems to be inaccurate, not current or incomplete. You are responsible for safeguarding your Password. You agree that you will not disclose your Password to any third party and that you will take sole responsibility for any activities or actions under your Donuts Account, whether or not you have conducted or authorized such activities or actions. You shall immediately notify Donuts of any unauthorized use of your Donuts Account.
7. Posting Tours
As Tour Guide, you may post the Tours. To this end, you will be asked a variety of questions about the Tour to be listed, including, but not limited to, the location, capacity, size, features, availability of the Tour and pricing and related rules and financial terms. In order to be posted on the Site or via the Application, all Tours must have valid physical addresses. The Tours will be made publicly available on the Site and via the Application. You understand that Traveler may book the Tour posted by you on the Site and via the Application based upon the information provided in your description of the Tour posted by you and agree that once Traveler requests a booking of your Tour, the price for such Tour may not be altered.
You acknowledge and agree that you are solely responsible for any and all Tours you post, and represent and warrant that any Tours you post (i) will not breach any agreements you have entered into with any third parties and (ii) will be in compliance with all laws, regulations and rules applicable to your Tour, and (iii) will not infringe or conflict with the rights of third parties. Donuts assumes no responsibility for Tour Guide’s compliance with any applicable laws, regulations and rules.
Donuts reserves the right, at any time and without prior notice to or consent by Tour Guides, to remove or disable access to any Tours posted for any reason, including the Tours that Donuts, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to users of the Site and Application or Donuts or its reputation.
When you post a Tour, you may choose to include certain requirements which must be met by Traveler in order to request a booking of your Tour, including, but not limited to, requiring Traveler to have a profile picture or verified phone number of Traveler. Any Traveler wishing to book Tours with such requirements must meet such requirements. More information on how to set such requirements is available in the “Tour Guiding” section of the Site and Application.
If you are Tour Guide, Donuts will make certain tools available to you to help you to make informed decisions on which Travelers you choose to confirm for booking of your Tour. You acknowledge and agree that, as Tour Guide, you are responsible for your own acts and omissions and the acts and omissions of any individuals who join the Tour at your request or invitation, excluding Traveler and any individuals Traveler invites to the Tour, if applicable.
Donuts recommends that you obtain appropriate insurance for your Tours. You are responsible for reviewing carefully any insurance policy that you may have for your Tour, and, in particular, making yourself be familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Traveler (and the individuals Traveler invites to the Tour, if applicable) while joining in your Tour.
8. No Endorsement
Donuts does not endorse any Members or any Tours. In addition, although these Terms require the Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site or Application. Except as provided in the Donuts Tour Guide Guarantee Terms and Conditions, which can be seen at meetrip.to/terms (the “Donuts Tour Guide Guarantee”), which is an agreement between Donuts and Tour Guides, we are not responsible for any damage or harm resulting from your interactions with other Members. By enjoying the Service or using the Site or Application, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties shall be limited to a claim against the particular Members or other third parties who caused you harm, and you agree not to attempt to impose any liability on, or seek any legal remedy from Donuts with respect to such actions or omissions. We encourage you to communicate directly with other Members on the Site and Application regarding any Tours posted by you or any bookings made by you.
9. Bookings and Financial Terms for Tour Guides
If you are a Tour Guide and a booking is requested for your Tour via the Site or Application, you will be required to either confirm or reject the booking within twenty-four (24) hours from when the booking is requested (as determined by Donuts in its sole discretion), or the booking request will be automatically cancelled. When the booking is requested via the Site or Application, we will share with you (i) the name of the Traveler who has requested the booking, (ii) a link to the Traveler’s Donuts Account profile page, (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Traveler on such SNS, and (iv) an indication whether the name that the Traveler provided to Donuts when the Traveler became a Member matches the name that the Traveler provided to the SNSs to which the Traveler has linked his or her Donuts Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Tour within such twenty-four (24) hour period, any amounts collected by Donuts for the requested booking will be refunded to the applicable Traveler’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Traveler, Donuts will send you an email, text message or message via the Site or Application confirming such booking, depending on the selections you make via the Site or Application.
The Tour Guide shall determine the Tour Fees. Donuts will collect the Tour Fees at the time of booking confirmation (i.e. when the Tour Guide confirms the booking within twenty-four (24) hours of the booking request) and will remit the Tour Fees less the Tour Guide Fees to the Tour Guide.
Donuts does not currently charge fees for posting the Tour. However, you acknowledge and agree that Donuts reserves the right, in its sole discretion, to charge you for and collect fees from you for posting the Tour. Donuts will provide a notice of any fees for posting the Tour to be paid by the Tour Guide via the Site and Application prior to implementing such fees.
The Tour Guide shall be responsible for honoring any confirmed bookings and conduct any Tours reserved through the Site or Application.
10. Bookings and Financial Terms for Travelers
If you, as a Traveler, choose to enter into a transaction with a Tour Guide for the booking of a Tour, you agree and understand that you will be required to enter into an agreement with the Tour Guide and you agree to accept any terms, conditions, rules and restrictions associated with such Tour imposed by the Tour Guide. You acknowledge and agree that you shall be responsible for performing the obligations of any such agreements, and Donuts is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Listings for Tours will specify the Total Fees. As noted above, the Tour Guide is required to either confirm or reject the booking within twenty-four (24) hours from when the booking is requested (as determined by Donuts in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Tour Guide), any amounts collected by Donuts will be refunded to such Traveler’s credit card and any pre-authorization of such Traveler’s credit card will be released.
You shall pay Donuts the Total Fees if your request for a booking of a Tour is confirmed by the applicable Tour Guide. You understand and agree that Donuts reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees and (ii) charge your credit card a nominal amount, not exceeding one dollar ($1) or a similar sum in the currency in which you are transacting (e.g. one euro (€1), one British pound (￡1)or one hundred yen (100)) to verify your credit card if the applicable Tour Guide confirms your requested booking. Once Donuts receives confirmation of your booking from the applicable Tour Guide, Donuts will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Donuts cannot control any fees that may be charged to a Traveler by his or her bank in connection with Donuts’s collection of the Total Fees, and Donuts disclaims all liabilities in this regard.
11. Service Fees
In consideration for providing the Service, Donuts shall have the right to collect the Service Fees. The Service Fees are made up of (i) the Tour Guide Fees and (ii) any other fees for the Service contemplated by these Terms. The Tour Guide Fees shall be deducted from the Tour Fees before remitting the Tour Fees to the Tour Guide.
The balance will be remitted to Tour Guides via PayPal in the currency of U.S. dollars. Except as otherwise provided herein, the Service Fees are non-refundable.
12. Cancellations and Refunds
If, as a Traveler, you cancel your requested booking for a Tour before it is confirmed by a Tour Guide, Donuts will refund the Tour Fees collected for such requested booking within a commercially reasonable period from the cancellation. If, as a Traveler, you wish to cancel a confirmed booking made via the Site or Application, the cancellation policy of the Tour Guide contained in the applicable Tour shall apply to such cancellation.
If a Tour Guide cancels a confirmed booking made via the Site or Application, Donuts will refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable period from the cancellation.
A Tour Guide may pledge to donate a portion of the funds they receive from confirmed bookings of the Tour to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Tour Guide does in fact make the donation he or she pledged to make.
IRS regulation, regarding federal tax reporting requirements, stipulates that Donuts must collect IRS Form W-9 from all property owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Donuts cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Tour Guide is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
• "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Donuts Traveler or Tour Guide;
• offer, as a Tour Guide, any Tours that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Tours as a Tour Guide if you are serving in the capacity of a rental agent or listing agent for a third party);
• register for more than one Donuts Account or register for an Donuts Account on behalf of an individual other than yourself;
• contact a Tour Guide for any purpose other than asking a question related to a booking, such Tour Guide’s Tours or Listings;
• contact a Traveler for any purpose other than asking a question related to a booking or such Traveler’s use of the Site, Application and Services;
• when acting as a Traveler or otherwise, recruit or otherwise solicit any Tour Guide or other Member to join third party services or websites that are competitive to Donuts, without Donuts’s prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with the Site, Application or Services;
• use the Site, Application and Services to find a Tour Guide or Traveler and then complete a booking of a Tour transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Donuts’s provision of the Services;
• as a Tour Guide, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; or
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Donuts’s name, any Donuts trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Donuts’s express written consent;
• access, tamper with, or use non-public areas of the Site or Application, Donuts’s computer systems, or the technical delivery systems of Donuts’s providers;
• attempt to probe, scan, or test the vulnerability of any Donuts system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Donuts or any of Donuts’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
Donuts will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Donuts may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Donuts has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Donuts reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Donuts, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Donuts and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Donuts Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Donuts grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Donuts Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Donuts or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Donuts a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Site, Application and Services. Donuts does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Donuts the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Donuts’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Donuts is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Donuts of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Donuts used herein are trademarks or registered trademarks of Donuts. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at email@example.com or through the Contact (meetrip.to/contact) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Donuts and you hereby irrevocably assign to Donuts and agree to irrevocably assign to Donuts all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Donuts’s request and expense, you will execute documents and take such further acts as Donuts may reasonably request to assist Donuts to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Donuts respects copyright law and expects its users to do the same. It is Donuts’s policy to terminate in appropriate circumstances the Donuts Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Donuts’s Copyright Policy at meetrip.to/terms for further information.
Termination and Donuts Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Donuts Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Donuts terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Donuts Account you will remain liable for all amounts due hereunder. You may cancel your Donuts Account at any time via the "Cancel Account" feature of the Services or by sending an email to firstname.lastname@example.org. Please note that if your Donuts Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION , SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT DONUTS DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND TOUR GUIDES. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DONUTS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DONUTS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TOURS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DONUTS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TOURS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DONUTS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TOUR GUIDES OR TRAVELERS. YOU UNDERSTAND THAT DONUTS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY TOURS. DONUTS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND TOUR GUIDES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, AND YOUR LISTING OR BOOKING OF ANY TOURS VIA THE SITE, APPLICATION AND SERVICES, REMAINS WITH YOU. NEITHER DONUTS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY TOUR VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DONUTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE TOUR GUIDES PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THE DONUTS TOUR GUIDE GUARANTEE, IN NO EVENT WILL DONUTS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY TOUR VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY TOUR OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A TOUR GUIDE, THE AMOUNTS PAID BY DONUTS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DONUTS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Donuts and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Tour, (iii) creation of a Listing or (iv) the implementation of a Tour by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the implementation of a Tour.
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
If you participate with or tour guide anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Donuts by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Donuts and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Tours made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Donuts and you regarding bookings or listings of Tours, the Site, Application, Services, Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Donuts’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Donuts may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Donuts (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Donuts agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Donuts are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Donuts otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Donuts otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Donuts submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Donuts will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Donuts will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Modification" section above, if Donuts changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Donuts’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Donuts in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Donuts to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Donuts. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any App Store Sourced Application, please contact Donuts at email@example.com.
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information Collection and Use
Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the "Service") and to enable users to enjoy and easily navigate the Site and Application.
Personally Identifiable Information
When you register with us through the Site or Application and become a Member and when you choose to post a Listing or book an Tour, or when you wish to contact another Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Identity Information"). Identity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Site and Application, we may also ask for your credit card number and other billing information ("Billing Information") (Identity Information and Billing Information together, "Personal Information"). If the address of a Listing you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth. We reserve the right to require address confirmation for Tours included in Listings. If we require such confirmation, we will send a code via postal mail to the address contained in a Listing and ask you to enter the code via the Site, Application and Service in order to confirm the address of the Tour included in the applicable Listing. We use your Personal Information to provide the Service and administer your inquiries.
We collect Personal Information in connection with your registration to join the Service. You can register to join via the Site or Application by completing the required forms.
You can also register to join by logging into online accounts you may have with third party service providers ("SNS")(e.g. Facebook); each such account, a "Third Party Account", via our Site or Application as described below. As part of the functionality of the Site, Service and Application, you may link your Donuts Account with Third Party
Accounts, by either: (i) providing your Third Party Account login information to Donuts through the Site, Service or Application; or (ii) allowing Donuts to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Donuts and/or grant Donuts access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Donuts to pay any fees or making Donuts subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your "real" name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Donuts to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Donuts Account and Donuts Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Donuts Account on the Site, Service and Application. If there is information about your "friends" or people with whom you are associated in your Third Party Account, the information we obtain about those "friends" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
If you register to be a part of our Affiliate Program, we will collect your name, website name, website URL, email address and affiliate program payment preferences (including, but not limited to, bank account number and routing number, bank account name, PayPal account email address, billing address and other financial information). We use this information to enable your participation in the Affiliate Program and to make payments related thereto.
We also collect the other information that you provide as part of registration and the administration and personalization of your Donuts Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) ("Non-Identifying Information").
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Donuts Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Information to contact you with Donuts newsletters, 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 unsubscribe instructions provided in any of the communications or update your "Notifications" information. (See "Changing or Deleting Information," below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, an "Donuts User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application and the Service and for the Site and Application's technical administration, to increase our Site and Application's functionality and user-friendliness, and to better tailor our Site and Application to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Emailing Via an Donuts Account
As part of the Service, Donuts Users may communicate with Donuts
Members through use of the "Contact Tour Guide" feature on the Site and Application. Where Donuts Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from Donuts to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee. Via the "Contact Tour Guide" feature of the Site and Application, you may also speak with other Donuts Members over the phone. In these instances, Donuts will not share your phone number with the other Donuts Member, but will use your phone number to contact you over the phone to connect you with the other Donuts Member.
If you choose to use our referral service to ask a friend for a recommendation, 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. Donuts stores this information for the sole purpose of sending this one-time email.
Your friend may contact us at firstname.lastname@example.org to request that we remove this information from our database.
You can import contacts from your email account address book to invite them to send you a recommendation. We collect, but do not store, the username and password for the email account you wish to import your contacts from and will only use it for that purpose only.
Identity theft and the practice currently known as "phishing" are of great concern to Donuts. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Donuts Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.
Information Sharing and Disclosure
The Site, Application and Service can be used to facilitate the listing and booking of Tours. Listings for such Tours are made available via the Site, Application and Service by Tour Guides. Listings posted by Tour Guides, ratings and reviews of Tour Guides and Travelers, and the Profile Information (as defined below) of Tour Guides and Travelers, are visible to any Donuts User.
Donuts Members and Users
When you create an Donuts Account, we will set up an Donuts Account profile page for you. Your Donuts Account profile page will include your first name and last initial. You can select the other items of Personal Information that you wish to be included in your Donuts Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of Donuts, connections you have established between your Account and any SNSs, and a biography and links to your Listings, if applicable (together, your "Profile Information"). We will display your Profile Information in your Donuts Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Donuts Users and consequently should reflect how much you want other Donuts Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.
If you post a Listing, we may publish that Listing publicly via the Site and Application and may enable third parties to publish your Listing on their websites through the use of an HTML "widget". We may also display the geographical location of your Listing in the form of a map so that potential Travelers can see the general area and neighborhood of your Listing, but your actual street address will not be disclosed until you enter into a confirmed transaction with another Member.
If you request to make a booking via the Site, Application and Service, Donuts will share the following information about you with the applicable Tour Guide: (i) your first and last name, (ii) a link to your Donuts
Account profile page, (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Tour Guide on such SNS, and (iv) an indication that the name that you provided to Donuts when you became a Member matches the name that you provided to the SNSs to which you have linked your Donuts Account. All of this information will enable the Tour Guide to decide whether to confirm or reject your booking. When a Tour Guide confirms a booking we will share pieces of the Tour Guide’s Identify Information, including, but not limited to, full name, phone number, the Tour’s address and the Tour Guide’s email address, with the applicable Traveler selected by the Tour Guide and we will share pieces of the Traveler’s Identify Information with the Tour Guide, including, but not limited to, full name, phone number and email address, so that the Traveler and Tour Guide may contact one another directly. In no event is a Traveler's Billing Information shared with a Tour Guide.
Aggregate Information and Non-Identifying Information
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Compliance with Laws and Law Enforcement; Guarantee Program
Donuts cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Donuts or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to administer our Donuts Tour Guide Guarantee www.Donuts.com/terms, to protect the property and rights of Donuts or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. Business Transfers
Donuts 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.
Changing or Deleting Your Information
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at email@example.com or editing the relevant part of their profile. If you would like us to cancel your Donuts Account, please contact us or select the "Cancel Account" feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Donuts Account. Please note that, if you cancel your Donuts Account, any reviews you have posted via the Site and Application will remain publicly viewable via the Site and Application. Please see below for privacy contact information.
Donuts is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security 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, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us at firstname.lastname@example.org.
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 and Application 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.
Links to Other Websites
Our Site and Application contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement 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. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites 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.
With your consent we may post your testimonial on the Site and Application along with your name. If you want your testimonial removed please contact us at email@example.com.
Our Policy Toward Children
The Site and Application are not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at firstname.lastname@example.org. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
contact Donuts at email@example.com.
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