PLEASE READ THIS PAGE CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. GOLORO.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Sharing Your Content
1.1 Your content. Goloro allows you to add and share content on goloro.com, including photos, text and comments. Anything that you post, display, or otherwise make available on goloro.com, including all Intellectual Property Rights (defined below) in such content, is referred to as “User Content.” You retain all of your rights in all of the User Content you post to goloro.com
1.2 How goloro.com and other users can use your content. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute your User Content on goloro.com for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict goloro.com rights under separate licenses to User Content. Please remember that the goloro.com Service is a public platform, and that other Users may search for, see, use, and/or share any User Content that you make publicly available through goloro.com.
1.3 How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from your account or your boards, goloro.com may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, goloro.com and other Users may retain and continue to display, reproduce, share, modify, re-arrange, and distribute any of your User Content that other Users have shared or which you have posted to public or semi-public areas of goloro.com.
1.4 Your responsibility for your content:
1.4.1 To goloro.com and our community. Goloro.com provides a positive place for you to discover, add and share authentic travel tips. To keep it that way, we ask that you behave politely. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms. Please — be a good user on goloro.com, and always respect our Service and its Users. (Note: sex, nudity, hatred, harassment, law violation related tips will be automatically removed and the users banned)
1.4.2 To third parties. Goloro.com values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service. To learn more about copyright and fair use, please access this link (http://www.chillingeffects.org/copyright/faq.cgi) for useful third party resources.
1.5 Definition of Intellectual Property Rights. When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
1.6 Feedback you provide: We value hearing from our Users, and are always interested in learning about ways we can make goloro.com more awesome. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place goloro.com under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, goloro.com does not waive any rights to use similar or related Feedback previously known to goloro.com, or developed by its employees, or obtained from sources other than you.
2. Goloro.com Content
2.1 Goloro.com Content. Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“Goloro.com Content”) are the property of goloro.com and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the goloro.com Content without our permission.
2.2 Our license to you. Subject to the terms and conditions of these Terms, we grant you a license to use the Service, including accessing and viewing goloro.com Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern and as expressly permitted by the features of the Service. Goloro.com may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Goloro.com reserves all other rights and no other rights are granted by implication or otherwise.
3. Using goloro.com
3.1 Who can use goloro.com. You may use the Service only if you can form a binding contract with goloro.com, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Because we respect the goloro.com community, the Service is not available to any Users previously removed from the Service by goloro.com
3.3 Terminating your account. You may close your account at any time by sending an email to goloro [at] goloro [dot] com. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination of your use of the Service, you continue to be bound by Sections 1.2 (How goloro.com and other users can use your content), 1.3 (How long we keep your content), 1.5 (Feedback you provide), 1.6 (Definition of Intellectual Property Rights), 2.1 (Goloro.com Content), 3.3 (Terminating your account), 3.5 (Your interactions with other Users), and 6 through 12 (inclusive) of these Terms. For information about how your User Content will be handled after any termination of your account, please see the “How long we keep your content” section above.
3.4 Your responsibility for your account. When you create your goloro.com account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify goloro.com of any compromise of your credentials you become aware of and any unauthorized use of your account. Changes to the Service. Here at goloro.com, we will try innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
3.5 Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Goloro.com will have no liability for your interactions with other Users, or for any User’s action or inaction. Please help to make goloro.com a positive and respectful community.
5. Third-party Links, Sites and Services The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by goloro.com. Goloro.com does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that goloro.com will have no liability arising from your use of or access to any third-party website, service, or content.
6. Indemnity You agree to indemnify and hold harmless goloro.com and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or goloro.com Content, (ii) your User Content, or (iii) your breach of any of these Terms.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GOLORO.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GOLORO.COM takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
8. 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 SERVICES, GOLORO.COM CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER GOLORO.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE 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, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, GOLORO.COM CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOLORO.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL GOLORO.COM’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR GOLORO CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOLORO.COM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. The Service is controlled and operated from its facilities in the United States. Goloro.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
9. General Terms
9.2 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by goloro.comt without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
9.3 Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with goloro.com in connection with the Service, shall constitute the entire agreement between you and goloro.com concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
9.4 No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and goloro.comt’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
9.5 Contact. Please contact us a goloro [at] goloro [dot] com with any questions regarding these Terms.
These Terms were last modified on June 4, 2013.