By using or visiting the hamstertournote.com website, you signify your agreement to these terms and conditions (the "Terms of Service").
The terms and conditions of use shown here (hereinafter referred to as the "Terms and Conditions") set forth the terms between HamsterTourNote Limited (LLC, which is located at Auckland New Zealand, hereinafter referred to as the "Company") and users (hereinafter referred to as the "User" or "Users" depending upon context) of any services or features of HamsterTourNote (hereinafter referred to as the "Service"), which is provided by the Company.
1. Definitions
The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.
1.1."content(s)" means information such as text, audio files, music, images, software, programs, computer code, scripts, graphics, photos, sounds, videos, audio-visual combinations, interactive features and other materials you may view on, access through, or contribute to the Service
1.2."Content(s)" means content(s) that may be accessed through the Service.
1.3."Submitted Content(s)"means content(s) that Users have submitted, transmitted, or uploaded.
2. Agreement to Terms and Conditions
2.1. All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.
2.2. Minors may use the Service only with consent from their parents or legal guardian. Such agreement is valid and irrevocable.
2.3. By actually using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
3. Terms of Use
3.1. The Company makes no representations or warranties of any kind express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Users are reading of the information on this website is of your own free will and you are taking the provided information at your own risk.
3.2. Under any circumstances the Company is not liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with the use of the website.
4. Modification of the Terms and Conditions
The Company may modify the Terms and Conditions, without providing prior notice to Users. The modification will become effective once the modified Terms and Conditions are posted on the website operated by the Company. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service.
5. Account
5.1. Users, when providing information about him/herself to the Company, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
5.2. If Users register a password while using the Service, Users shall exercise due care and responsibility in order for the password not to be used in an unlawful manner.
5.3. Any registered User to the Service may delete his/her account and withdraw from using the Service, at any time.
5.4. The Company may suspend or delete a User's account without giving prior notice to the User if the Company believes that the User is violating or has violated the Terms and Conditions.
5.5. The Company reserves the right to delete any account without any prior notice to the User.
5.6. Each account in the Service is for the exclusive use and belongs solely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.
6. Privacy
6.1. The Company places its highest priority on the privacy of its Users.
6.2. The Company will not sell or disclose Users' information to any other companies. The Company is not responsible for the privacy practices or our advertisers or commenters all the times.
7. Provision of the Service
7.1. Users shall supply the necessary devices, for using the Service under Users' own responsibility and at Users' own expense.
7.2. The Company reserves the right to limit access to the whole or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, current membership status, and the like.
7.3. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at any time without any prior notice to the Users.
8. Advertisements
The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.
9. Business Partners' Services
Contents or other services offered by other business partners cooperating with the Company may be included within the Service. The business partners bear all responsibility regarding such contents and/or services offered. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.
10. Contents
10.1. The Company grants Users the non-transferable, non-re-licensable, non-exclusive license to use the Contents provided by the Company, only for the purpose of using the Service.
10.2. Users shall abide by the appropriate conditions when using Contents which are subject to additional fees and periods of use. Not withstanding situations where phrases such as "Purchase", "Sales" and the like appear on the Service screens, the Company shall remain the holder of all intellectual property rights as well as all other rights in the Contents offered to Users by the Company, and such rights shall not be transferred to Users.
10.3. Users shall not use the Contents beyond the scope of the intended use of the Contents in the Service (including but not limited to reproduction, modification etc.).
10.4. If Users wish to back-up the whole or part of the Submitted Contents, they will need to do so themselves. The Company will not undertake the obligation of backing up any of the Submitted Contents.
10.5. The Service may include functions where multiple users may post, correct, edit, and delete items. In such cases, the User who posted his/her Submitted Contents has to allow other Users to perform any editing in relation to the Submitted Contents.
10.6. Users shall maintain the rights regarding their Submitted Contents just as before, and the Company shall not acquire any rights to such contents. However, if the Submitted Contents are visible, not just to the User's "friends" but to all the other Users, the User who posts the Submitted Content shall grant the Company a worldwide, non-exclusive, royalty-free license (with the right to sublicense such content to other third parties working together with the Company), for an indefinite period, to use (after modifying such content, if the Company believes it necessary and proper) such content for services and/or promotional purposes.
10.7. The Company may check the details of the Submitted Contents, when the Company believes that the Submitted Contents may violate related laws or provisions set out in the Terms and Conditions. However, the Company is not obligated to conduct such investigations.
10.8. If the Company believes that the User has violated or may violate applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then the Company reserves the right to preclude the User's use of the Submitted Contents in certain manners, such as deleting the Submitted Content without providing the User with prior notice.
11. Restrictions
Users shall not engage in the following when using the Service.
11.1. Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
11.2. Activities that may hinder public order or customs.
11.3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
11.4. Activities that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behaviour, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
11.5. Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
11.6. Activities such as sending messages indiscriminately to numerous Users (except for those approved by the Company), indiscriminately adding Users as Friends or to Group Chats, or any other activities deemed to be spamming by the Company.
11.7. Activities that exchange the right to use the Contents into cash, property or other economic benefits without Company's authorization.
11.8 Activities that represent the Company without Company's permission.
11.9. Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by the Company, that is business owners, authorized tour bloggers and tourists who get the consent from the business owners); Use the Service for the purpose of sexual conducts or obscene acts. Use the Service for the purpose of meeting a person for sexual encounters. Use the Service for the purpose of harassments or libellous attacks against other Users; or use the Service for purposes other than the Service's true intent.
11.10. Activities that benefit or collaborate with anti-social groups.
11.11. Activities that are related to religious activities or invitations to certain religious groups.
11.12. Activities that are related to political activities or invitations to certain political groups.
11.13. Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like.
11.14. Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by means of BOTs, cheat tools, or other technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company's operation of the Service or Users' use of the Service.
11.15. Activities that aid or encourage any activity stated in Clauses 1 to 14 above.
11.16. Other activities that are deemed by the Company to be inappropriate.
12. User Responsibility
12.1. Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
12.2. The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a User is using the service in a way which violates the Terms and Conditions. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.
12.3. In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to the User violating applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate the Company upon its request.
13. The Company's Exemption of Liability
13.1. The Company does not expressly or impliedly guarantee that the Service (including the Contents) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
13.2. The Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company's contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company's contractual default or act of tort due to the Company's negligence (except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
14. Notification and Contact
14.1. When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website operated by the Company.
14.2. When Users notifies or contacts the Company in regard to the Service, Users shall use the customer inquiry form available on the website operated by the company or other means designated by the Company.
15. Governing Law and Jurisdiction
These Terms and Conditions will be governed primarily under the exclusive jurisdiction of the District Court of Auckland, New Zealand.
The first time we updated this Terms of Use was on 10th of December, 2015. The last update is at 15th April 2017, Term 11.9 END.