Last updated on January 31, 2017
None of the Services under our copyright may be translated or reproduced in any form by electronic or mechanical means including photocopying, recording or information storage and retrieval without permission in writing from The YOLO Guide. Requests for permission should be made in writing via our Contact Us page.
Vendor listings in the Services are informational and should not be viewed as direct endorsements by the author(s) or The YOLO Guide.
All vendor pricing, fees, hours, offerings and the like detailed within the Services are subject to change. The YOLO Guide do not assume and hereby disclaim any liability to any party for any loss or damage caused by errors, omissions or any potential travel disruption due to labor or financial difficulty, whether such errors or omissions resulted from negligence, accident or any other cause.
1.1. Grant of a Limited License to Use the Services
The following restrictions apply to the use of the Services:
– You shall not create an Account or access the Services if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors. You are responsible for any use of your credit card or other payment instrument by minors.
– You shall not have more than one Account at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Services if you have previously been removed by The YOLO Guide, or previously been banned from using the Services.
– You shall use your Account only for non-commercial purposes; You shall not use the Services to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;
Username and Password
During the Account creation process, you will be required to create or select a username and password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account or our Services.
In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify The YOLO Guide in order to modify your Login Information.
You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
The YOLO Guide reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Any use of the Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
– Engage in any act that The YOLO Guide deems to be in conflict with the spirit or intent of the Services or make improper use of The YOLO Guide’s support Services.
– Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services or without The YOLO Guide’s express written consent, modify or cause to be modified any files that are a part of the Services.
– Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Services.
– Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of Services attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services.
– Attempt to gain unauthorized access to the Services, Accounts registered to others or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by The YOLO Guide, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services.
– Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
– Post any information that contains explicit nudity, excessive violence, or offensive subject matter or that contains a link to such content.
– Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including The YOLO Guide members, users, employees, contractors, or representatives.
– Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a The YOLO Guide employee, contractor, or representative.
– Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by The YOLO Guide.
– Solicit or attempt to solicit personal information from other users of the Services or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services.
1.2. Suspension and Termination of Account and Services
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICES, AND THEIR CONTENT AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
THE YOLO GUIDE RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 90 DAYS.
The YOLO Guide reserves the right to stop offering and/or supporting the Services or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, The YOLO Guide shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Services or any part thereof including any Content you submitted or others submitted.
You may terminate your Account at any time and for any reason by contacting The YOLO Guide via our online Contact Us page, informing us that you wish to terminate your Account.
All rights, title and interest in and to the Services (including without limitation any mobile applications, titles, computer code, themes, objects, copy and content) are owned by The YOLO Guide. The YOLO Guide reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Services.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE YOLO GUIDE.
2.3. Virtual Content
The YOLO Guide owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, whether purchased from The YOLO Guide, or any other attributes associated with an Account or stored on the Services.
2.4. User Content
“User Content” (or “Content”) means any communications, images, and all the material, data, and information that you upload or transmit through The YOLO Guide Services, or that other users upload or transmit.
3. USER CONTENT
3.1. Content Submission
When you submit any ideas, suggestions, documents and/or proposals relating to the Services (or other products or services) to The YOLO Guide through your Profile, the Forums, Contact forms, Comment forms or through any other mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) The YOLO Guide is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) The YOLO Guide shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) The YOLO Guide may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of The YOLO Guide without any obligation of The YOLO Guide to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from The YOLO Guide under any circumstances.
3.2. Content Screening
The YOLO Guide does screen much of the User Content that is submitted for inappropriate content or conduct before and/or after it is posted, published, or disseminated publicly. However, The YOLO Guide does not guarantee that we will pre-screen or monitor all User Content and assumes no responsibility for the conduct of any user submitting any User Content nor responsibility for fully monitoring all of the User Content of the Services for inappropriate content or conduct. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services.
However, if you do find certain User Content offensive, indecent or the like, you can contact us to request its removal.
If at any time The YOLO Guide chooses, in its sole discretion, to provide less or no monitoring of the Services, The YOLO Guide nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.3. Information Use by Other Members of the Services
3.3.1. Public Discourse
The Services may include features where you can post User Content, including your experiences, ideas, observations and comments on varied or designated topics. The YOLO Guide cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services. The YOLO Guide shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.3.2. Responsible For Your Own Content
If you elect to use any third party service or application that is integrated with the Services, you also agree that the license granted to The YOLO Guide in the previous Content still apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant The YOLO Guide the right and license to enable such access to your Content.
3.5. User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. The YOLO Guide reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with The YOLO Guide to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting The YOLO Guide access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
4. FEES AND PURCHASE TERMS
The YOLO Guide, at its discretion, may charge membership and/or subscription (“Subscription”) fees to access certain areas of the Services, such as YOLO Insider. The YOLO Guide may manage, regulate, control, modify or eliminate the Subscription content or services, in part or full, at any time, with or without notice. The YOLO Guide shall have no liability to you or any third party in the event that The YOLO Guide exercises any such rights.
The transfer of Subscriptions is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem or otherwise transfer Subscriptions to any person or entity, including but not limited to another user or any third party.
The provision of Subscriptions for use in the Services is a service provided by The YOLO Guide that commences immediately upon acceptance by The YOLO Guide of your purchase.
ALL PURCHASES AND REDEMPTIONS OF A SUBSCRIPTION ARE FINAL AND NON-REFUNDABLE.
When you purchase physical goods via our Services, The YOLO Guide will charge the retail or sale price for the item(s) plus shipping and handling and government taxes, when applicable.
When you purchase a Bespoke Itinerary and/or Travel Concierge packages via our Services, The YOLO Guide will charge the amount listed online or as determined via a direct and final quote from a The YOLO Guide official representative.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you on our Services or via a third party service. The YOLO Guide may revise the pricing for the goods and Services offered through the Services at any time.
YOU ACKNOWLEDGE THAT THE YOLO GUIDE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SUBSCRIPTION PERIOD WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
YOU ACKNOWLEDGE THAT THE YOLO GUIDE MAY PROVIDE A FULL OR PARTIAL REFUND FOR NON-SUBSCRIPTION PRODUCTS AND SERVICES LIKE PRINT BOOKS AND TRAVEL CONCIERGE SERVICES. THE FINAL REFUND AMOUNT WILL BE THE FEES, AS DETERMINED BY THE YOLO GUIDE, FOR SHIPPING, HANDLING, RESTOCKING, COST OF LABOR AND OTHERWISE.
5. RIGHT TO MODIFY AND UPDATE
You understand that the Services is an evolving one. We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Services, including changes that may affect the previous mode of operation of the Services. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of posts, transmissions and email messages, the nature or size of any index or database, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice.
You also acknowledge that a variety of The YOLO Guide actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that The YOLO Guide has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service, including Premium Services.
(a) WITHOUT LIMITING THE YOLO GUIDE’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE YOLO GUIDE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(b) Unavailability of Website or Application.
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Application. While it is The YOLO Guide’s objective to make the Services accessible at all times, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Services may operate slowly from time to time. And you may need to update third party software from time to time in order to receive and utilize the Services. You understand and acknowledge that due to circumstances both within and outside of the control of The YOLO Guide, access to the Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, The YOLO Guide shall not be liable in any way for any delay in responding to an inquiry or question forwarded by You or the effects any delay or unavailability may have on You. YOU AGREE THAT THE YOLO GUIDE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE SERVICES.
(c) Third-Party Links
We may include or recommend third party services, resources, materials and/or links to third party websites and applications as part of, or in connection with, the Services. We have no control over such said services, resources, materials, sites or applications, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such third party services, resources, materials, sites or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such services, sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, services, materials, sites or applications.
7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
8. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and The YOLO Guide, we strongly encourage you to first contact us directly to seek a resolution via our Contact Us page.
10. GENERAL PROVISIONS
10.2. Supplemental Policies
10.3. Entire Agreement
10.4. No Waiver
10.6. Equitable Remedies
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
The YOLO Guide shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of The YOLO Guide, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond The YOLO Guide’s control such as acts of nature, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.