Tourguideme.com Terms and Conditions of Use

Tourguideme.com is private company owned by Jonathan Konits, who makes this website available for your use under the following terms and conditions. Both “Vistors,” a term which describes customers, be they private or travel professionals, who make use of this website in order to locate tour guides that meet their travel interests, and “tour guides” advertising their services are asked to read these terms carefully before reading this website. By using this website, you agree to comply with and be bound by these terms and conditions. If you do not agree to any of these terms and conditions, do not use this website. Tourguideme.com reserves the right to change or modify and of these terms conditions at any time according to its sole discretion.

Eligibility

In order to use this website, either as a visitor seeking a tour guide or as a tour guide establishing a profile to attract clients, you must be You must be eighteen (18) or over. By using the Website and/or the Service, you represent that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions herein. Additionally you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your Membership may be terminated without warning and you may be barred from any future use of the website if you provide any information that is untrue, inaccurate, not current, or incomplete, including but not limited to misrepresenting your age, or if tourguideme.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Your use of this website either as a visitor or tour guide is solely for your personal use, and you agree not to authorize others to use your user data and profile.You are solely responsible for all content published or displayed through your profile, including but not limited to e-mail messages, tour descriptions, biographical information, and for your interactions with other visitors and tour guides. Tourguideme.com reserves the right to refuse or revoke the profile or user data to anyone at any time for any reason resulting in the loss of ownership of the profile or user data.

Ownership and Copyright

Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the tourguideme.com logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the „Site Content“) are the proprietary property of tourguideme.com. Hence, the use of any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the site or any site Content is prohibited.

Trademarks

Tourguidme.com logo and all other product or service names or slogans displayed on the website are registered and/or common law trademarks of tourguideme.com, and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of tourguideme.com or the applicable trademark holder. In addition, the look and feel of the website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of tourguideme.com and may not be copied, imitated or used, in whole or in part, without the prior written permission of tourguideme.com. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by tourguideme.com.

Tour Guide Usage

Tourguideme.com assumes no responsibility for incorrect information displayed by tour guides on their tour guide profiles on tourguideme.com, any delay, changes in his/her schedule, strikes, injury, weather, fire, theft, quarantine, medical or customs regulations and similar act or incident beyond its ability to control. Tourguideme.com is not responsible for any arrangements made between you and the tour guide in the country you visit.

Pricing Terms and Conditions

This section relates to the sending of booking inquiries on tourguideme.com.

The price of tours, as well as their content, is solely determined by the tour guides and not by tourguideme.com. There is no standardized pricing for tours advertised on tourguideme.com. The tour guide has the liberty to choose a base currency in any currency that he wishes. All payment arrangements are taken up between visitor and tour guide and are not the responsibility of tourguideme.com.

Deposit and Payment

The visitor and tour guide determine whether or not a deposit must be payed before a tour begins and in what matter. Additionally the full payment of the tour is determined in agreement between the visitor and tour guide. Furthermore, tourguideme.com assumes no liability for financial loss on the part of the tour guide or claims of dissatisfaction, in any form, on the part of the visitor. Tourguidme.com provides only a platform for tour guides to advertise their services and for visitors to discover these services.

Hyperlinks

Content posted on Tourguideme.com

(a) You understand and agree that tourguideme.com may review, modify, or delete, without notice any data, text, software, music, sound, message, photograph, graphic, image, video, profile, blog, review, information, comment, work of authorship, or other material or expression (collectively, „Content“) posted publicly on the tourguideme.com website, that in the sole judgment of tourguideme.com might be offensive, indecent, or illegal, or might harm, violate the rights, or threaten the safety of any person. Tourguideme.com is the final arbiter of what is and is not allowed on the Website.

(b) You, the tour guide, are solely responsible for the Content that you publish, transmit, upload, communicate, or display on the Website and/or through the Service, whether posted publicly or posted privately to other Members. You understand that tourguideme.com has no obligation to monitor the Website, or monitor, control or edit the Content thereon, or monitor any use of tour guides or visitors, or remove inappropriate Content. Tourguideme.com is not responsible in any way for the Content posted by visitors or tourguides on any area of the Website, including but not limited to Profiles, Client Reviews, Blogs, Audio Samples and messages, or otherwise posted through the website. By posting Content on the Website and/or through the Service, you agree to bear all risks associated with the accuracy and completeness of such Content.

(c) If you post Content to any public area of tourguideme.com, you automatically grant to tourguideme.com an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to use, reproduce, publicly perform, display, modify, adapt, distribute, access, view, store, prepare derivative works of, incorporate into other works, and/or otherwise exploit such content, or any part thereof, including but not limited to any copyrighted material, and your name, image, and likeness, for any purpose and in any form, media, or technology now known or later developed, including but not limited to featuring such Content, name, image, or likeness on tourguideme.com or any other page of the Website, or in any marketing, promotional materials or advertisements for tourguideme.com, and to grant and authorize sublicenses of the foregoing (the „License“). You further agree to permit anyone to access, display, view, store and reproduce such Content for personal use. By posting any information about or photographs or images of yourself on the Website and/or through the Service, you thereby waive any rights of privacy or publicity to such information, photographs, or images.

(d) You further represent and warrant that:
(i) You exclusively and irrevocably own the Content posted by you on the website and/or through the Service or otherwise have the right to grant the License set forth in this section; and
(ii) any Content posted by you on the website and/or through the website does not violate or infringe the privacy rights, copyright, trademarks, moral rights or other intellectual property rights, or proprietary rights of any person or entity. You agree to pay all royalties, fees, and other monies owing to any person or entity by reason of any Content that you post on the website and/or through the Service.

(f) Tourguideme.com reserves the right to disclose any Content posted on the Website and/or through the Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. Advertisements and Promotions

Tourguideme.com may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than tourguideme.com, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Tourguideme.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site. Copyright Complaints

If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records. Member Disputes

Visitor Disputes

You, the visitor, are solely responsible for your interactions with other tour guides advertising on tourguideme.com. Tourguideme.com reserves the right, but has no obligation, to monitor disputes between you and tour guides and take appropriate action if tourguideme.com, in its sole discretion, finds any violation of these Terms or other improper conduct.

Disclaimer and Limitation of Liability

You agree that your use of the tourguideme.com website shall be at your sole risk. Tourguideme.com makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for:

(a) errors, mistakes, or inaccuracies in Content;
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website and local personal tour guides;
(c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(d) any interruption or cessation of transmission to or from our website;
(e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party;
(f) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Viator Private Tour Guides website; or
(g) any product or service advertised or offered by a third party through the tourguideme.com website or any hyperlinked website or featured in any banner or other advertising, and tourguideme.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in each applicable jurisdiction. You specifically acknowledge that tourguideme.com shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Tourguideme.com makes no representations that the tourguideme.com website is appropriate or available for use in any particular location. Those who access or use the tourguideme.com are responsible for compliance with local law.
Under no circumstances, including but not limited to any act or omission on the part of tourguideme.com will tour guides who establish profiles on tourguideme.com be liable for any indirect, incidental, special and/or consequential damages whatsoever which result from any use or access of, or any inability to use or access, this website or its content, including but not limited to any dealings with the tour guides.

Indemnity

You agree to defend, indemnify and hold harmless tourguideme.com from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) Your use of and access to the tourguideme.com website;
(b) Your use of the tourguideme.com Service.
(c) Your violation of Terms;
(d) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(e) Any claim that one of your User Submissions caused damage to a third party; or
(f) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website or local personal tour guides.

Tourguideme.com Privacy Policy

This section sets out how tourguideme.com handles data which identifies you. We believe strongly in protecting the privacy of personal information of both visitors and tour guides. For tour guides: in submitting Personal Information through the tourguideme.com Website, you agree to the terms of this Privacy Policy and expressly consent to the processing of your Personal Information according to this Privacy Policy. Your Personal Information may be processed by tourguideme.com in the country where it was collected as well as other countries where laws regarding processing of Personal Information may be less stringent than the laws in your country.

Collection of Information

tourguideme.com collects tour guide personally identifiable information, such as name, e-mail address, and age/date of birth, to authenticate tour guides and to send notifications to tour guides relating to the Website and/or the Service.

Tourguideme.com also collects other information for tour guide profiles, including but not limited to a tour guide’s location, hometown, gender and travel-related information to assist visitors in finding a suitable tour guide. This information, as well as a member’s photos, first name, and age, are displayed and shared to all visitors and tour guides to facilitate interaction on the Service.

Tourguideme.com also collects aggregate member and/or Visitor data and other information that is not personally identifiable for the general management and promotion of the Website and/or the Service, and for tracking usage to continuously improve tourguideme.com offerings.

In addition, tourguideme.com logs Internet Protocol (IP) addresses from visitors and tour guides for security, monitoring, and maintenance purposes. An IP address is a number that is automatically assigned to your computer whenever you access pages on the internet. When you request a page from the Website, our servers automatically identify your computer by its IP address and log this information.

Editing and Removing Information

Tour guides can edit or remove their profile information and other content at any time by logging into their account and accessing the „edit“ features of the Service. In addition, tour guides have the option to cancel their profile at any time.

Emails you receive from tour guides from tourguideme.com

Tourguidme.com reserves the right to send newsletters about new features of interest to registered visitors.

Sharing and use of information

Any visitor of the tourguideme.com website can view your profile information and photos that you have uploaded to the tourguideme.com website.

Email addresses and personal contact information. Tourguideme.com does not place restrictions on tour guides regarding the amount or type of contact information they wish to provide to visitors.

Security
We have security measures in place to protect our customer database and access to this database is restricted internally. However, it remains each tour guide’s responsibility:

to protect against unauthorised access to Your Details; to log off or exit from the tourguideme.com websitewhen not using it; and to keep his/her password secret.

Remove details

You may have your registration details removed at any time.

Severability

If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Contact Information

Tel: +49 30 797 46 172
Mobile: +49 1577 8341 341
Email: info@tourguideme-berlin.com

Jonathan Konits & Norbert Weber
Fraunhoferstrasse 20
10587 Berlin

The tourguideme.com website is operated under jurisdiction of German law.