Terms of Use

EyeTour.com WEBSITE OR PAGE TERMS OF USE and Privacy Policy Agreement 

The EyeTour.com grants you a licence to download these files for your private use only. You may not copy, reproduce, edit, adapt, alter, republish, post, broadcast, transmit, make available to the public or otherwise use these files in any way except for your own personal, non-commercial use. You may not download, or use these files for the purpose of promoting, advertising, endorsing or implying a connection with you (or any third party) and EyeTour.com its agents or employees. EyeTour.com will not be liable for any loss or damage (including any costs charged by your service provider incurred by you in receiving the download), which you may suffer as a result of or connected with the download or use of these files. 

PLEASE READ this End User Agreement and Privacy Policy CAREFULLY. 

By clicking the “I ACCEPT TERMS and CONDITIONS” button and/or accessing the website or page EyeTour.com, the user acknowledges that User has read this agreement, understands it, and agrees to be bound by it. If the user does not agree to all of the terms in this agreement, the user should not access or otherwise utilize this website or page because no license shall have been granted thereto.

This end user website or page agreement (“agreement”) is between EyeTour.com (Guide-Pod, Inc.) the owner of the website or page through which you have requested EyeTour.com (the “company”) and the person who opens the EyeTour website or page or softwares which accompanies this agreement (the “user”).

This agreement gives a user the right to access and use the company’s website or page and its downloadable tools.

User understands and agrees that any personal information submitted on the Company’s website or page by the User will be used by the Company to create statistics and data banks of their users, and for any other legal purpose that the Company consider necessary; and that such information will be shared by the Company with their third party WEBSITE OR PAGE providers.

The COMPANY is willing to grant a user the right to access and use the company’s website or page and its downloadable tools only if the user accepts all of the terms of this agreement.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the WEBSITE or PAGE is owned, controlled or licensed by or to Guide-Pod, Inc., and is protected by trade dress, copyright, patent and trademark laws, and all other intellectual property rights and unfair competition laws of Puerto Rico and the United States of America.

User use of the WEBSITE or PAGE does not authorized User to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the WEBSITE or PAGE or any Content, or in any way authorized User to reproduce or circumvent the navigational structure or presentation of the WEBSITE or PAGE or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the WEBSITE or PAGE. Guide-Pod, Inc. Reserves the right to bar any such activity.

User may not attempt to gain unauthorized access to any portion or feature of the WEBSITE or PAGE, or any other systems or networks connected to the WEBSITE or PAGE or to any EyeTour.com server, or to any of the WEBSITE OR PAGE offered on or through the WEBSITE or PAGE, by hacking, password “mining” or any other illegitimate means.

User may not probe, scan or test the vulnerability of the EyeTour.com WEBSITE or PAGE or any network connected to the WEBSITE or PAGE, nor breach the security or authentication measures on the WEBSITE or PAGE or any network connected to the WEBSITE or PAGE. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the WEBSITE or PAGE, or any other user of EyeTour.com, including any EyeTour.com account not owned by you, to its source, or exploit the WEBSITE or PAGE or any WEBSITE OR PAGE or information made available or offered by or through the WEBSITE or PAGE, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the WEBSITE or PAGE.

User agrees that will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the WEBSITE or PAGE, or any systems or networks connected to EyeTour.com.

User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the WEBSITE or PAGE or any transaction being conducted on the WEBSITE or PAGE, or with any other person’s use of the WEBSITE or PAGE.

User may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User send EyeTour.com. User may not pretend that User is, or that User represent, someone else, or impersonate any other individual or entity.

User may not use the WEBSITE or PAGE or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Guide-Pod, Inc. Or others.

Use of Downloads of All EyeTour.com content with the exception of our sponsors Logos are property of Guide-Pod, Inc., and are protected by intellectual property laws. User understand that your use of ANY downloaded EyeTour.com content is subject to the usage rules listed in this Private Policy Agreement and the EyeTour.com End User WEBSITE OR PAGE Agreement, which is made part of this Agreement. User is not authorized to reproduced, modified, performed, transferred, distributed any of the EyeTour.com content and materials.

EyeTour.com (Guide-Pod, Inc.) Reserves the right to modify this Agreement at any time. User use of any downloaded tool will be limited by this Agreement, and this section. User may not attempt to circumvent, reverse engineer, decrypt or otherwise alter or interfere with this Agreement or Material downloaded from EyeTour.com WEBSITE or PAGE.

EyeTour.com (Guide-Pod, Inc.). Makes every effort to make its tools available for download. On occasions, technical and other problems may delay or prevent delivery our product. In case of technical difficulty, please contact us at info@eyetour.com.

User may download any of this WEBSITE or PAGE tools free of charge for User personal use only. User can transfer this WEBSITE or PAGE tools by any means necessary for viewing and/or Listening. User may not sell or pass forward EyeTour.com content without EyeTour.com (Guide-Pod, Inc.) written consent. User may transfer EyeTour.com tools any number of times to a portable device such as an mp3 player, cell phone, PDA, iPod, etc. Once transferred to a portable device, User agree not to copy, distribute or transfer it from that device to any other media.

Guide-Pod, Inc., reserves the right to withdraw materials, tools, videos, audios, logos etc from the EyeTour.com WEBSITE or PAGE without notification.

User may not access, acquire, copy, mirror or monitor any portion of EyeTour.com, or any content, or in any way reproduce or circumvent the navigational structure or presentation of the WEBSITE or PAGE or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the WEBSITE or PAGE. Hackers will be prosecuted with the full extent of the law. User may not attempt to gain unauthorized access to any portion or feature of the WEBSITE or PAGE, or any other systems or networks connected to the WEBSITE or PAGE or to any EyeTour.com server, or to any of the WEBSITE OR PAGE offered on or through the WEBSITE or PAGE, by hacking, password mining or any other illegitimate means.

User may not probe, scan or test the vulnerability of the EyeTour.com, nor breach the security or authentication measures on the WEBSITE or PAGE. User may not reverse look-up, trace or seek to trace any information on any other user of or visitor to eyetour.com, in any way where the purpose is to reveal any information, including but not limited to personal identification or information.

EyeTour.com website or page (“website or page”) include proprietary materials, the use of which is subject to the terms and conditions of this end-user agreement, as amended from time to time upon notice from guide-pod, inc., which notice may be provided to you on the website or pages or pages through which you access or use.

Proceeding with the use of the website or page, or the continued use of the website or page after receiving notice of any changes, constitutes your assent to and acceptance of the end-user agreement. If you do not agree with all the terms, you must not use the website or page.

OWNERSHIP. The Company’s WEBSITE OR PAGE and the information or containing of this PAGE are the property of the Company and its licensor(s), if any, and subject to applicable patent, copyright, trade secrets, trademarks and other proprietary rights. The information or contain of this WEBSITE OR PAGE are licensed, not sold, to the User for use only under the terms of this Agreement, and the Company reserves all rights not expressly granted to the User.
User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the WEBSITE OR PAGE or third party advertisers is protected by copyrights, trademarks, WEBSITE OR PAGE marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Company or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express written authorization by Company

TERM. This Agreement and license granted herein will terminate at the end of the User’s access and use of the Company’s WEBSITE OR PAGE, and is granted for the sole purpose of accessing it.

ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT. The WEBSITE OR PAGE, provided by the Company on behalf of the User, are provided to User under the terms and conditions of this Agreement, any amendments to this Agreement, and any operating rules or policies that may be published from time to time by the Company, all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between User and the Company and supersedes any prior agreements pertaining to the subject matter contained herein.

Company may modify this Agreement at any time, and such modifications shall be effective immediately WITH OR WITHOUT notification to User, which notice may be provided on the WEBSITE OR PAGE. User’s continued access or use of the WEBSITE OR PAGE shall be deemed to be User’s conclusive acceptance of the modified Agreement.
The most current version of this Agreement can be reviewed by clicking on the “Terms of Use” button located at the bottom of the PAGE at the home page of EyeTour.com. The most current version of this Agreement will supersede all previous versions.

DESCRIPTION OF WEBSITE OR PAGE. The Company, on behalf of User, is providing User with any or all of the following WEBSITE OR PAGE services: eyetour.com is a free (though later on can start charging for it services, by prior notice to its Users) WEBSITE OR PAGE provider WEBSITE OR PAGE were users can access videos of tourist destinations. These video mini-sites included maps of specific destinations for the free enjoyment of our users. These WEBSITE OR PAGE are provided to User at the discretion of User, and the Company has no obligation to provide the WEBSITE OR PAGE directly to User. Company does not charge User for the WEBSITE OR PAGE, though Company may do so at any time in the future.

The Company and User also reserve the right to modify or discontinue, temporarily or permanently, the WEBSITE OR PAGE with or without notice to User. User agrees that the Company, User, and their third party WEBSITE OR PAGE providers shall not be liable to User or any third party for any modification or discontinuance of the WEBSITE OR PAGE.

USER CONDUCT. User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the WEBSITE OR PAGE, and agrees not to interfere with the use and enjoyment of the WEBSITE OR PAGE by other users. User agrees to be solely responsible for User’s use of the WEBSITE OR PAGE, or by any information transmitted by User through the WEBSITE OR PAGE.

User agrees:

not to use the WEBSITE OR PAGE for illegal purposes;
not to interfere with or disrupt the WEBSITE OR PAGE or servers or networks connected to the WEBSITE OR PAGE;
to comply with all requirements, procedures, policies, and regulations of networks connected to the WEBSITE OR PAGE;
not to resell the WEBSITE OR PAGE or use of or access to the WEBSITE OR PAGE; and
to comply with all applicable laws regarding the transmission of technical data exported from Puerto Rico or the United States.

User agrees not to upload, post, email, or otherwise transmit through the WEBSITE OR PAGE:

any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind;
any material that violates the rights of another, including, but not limited to, the intellectual property rights of another;
any material that violates any applicable local, state, national, or international law or regulation; or
unsolicited or unauthorized advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the WEBSITE OR PAGE. User acknowledges and agrees that Company may ban User from future use of the WEBSITE OR PAGE if User does not comply with Company’s standards of conduct, even if User attempts to use the WEBSITE OR PAGE through another User or under a different name. Furthermore, User acknowledges and agrees that Company may recover damages from User if User violates these terms.

INDEMNITY. User agrees to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, affiliates, and their third party WEBSITE OR PAGE providers, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the WEBSITE OR PAGE, User’s connection to the WEBSITE OR PAGE, User’s violation of this Agreement, or User’s violation of any rights of another party.

TERMINATION. This Agreement will terminate immediately if the Company believes:

that User has violated or acted inconsistently with the terms, letter or spirit of this Agreement; or
that User has violated the rights of Company, or their third party WEBSITE OR PAGE providers or other parties. Further, in the event of a termination or expiration of any agreement between the Company and a third-party content provider or licensor of all or a part of the information or contain of this WEBSITE OR PAGE, the User’s right to access and use the information or contain of this WEBSITE OR PAGE may also terminate or expire without prior notice to User.

LINKS. The Company’s WEBSITE OR PAGE may provide links to other WEBSITE or PAGE or resources. User acknowledges and agrees that Company, and their third party WEBSITE OR PAGE providers are not responsible for the availability of such external WEBSITE or PAGE or resources, or for User’s use of deep links, and that Company, and their third party WEBSITE OR PAGE providers do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such WEBSITE or PAGE or resources. 

DISCLAIMER OF WARRANTIES. 

User expressly agrees that use of the company’s website or page is at user’s sole risk. The website or page are provided on an “as is” and “as available” basis.

Company and their third party website or page providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Company and their third party website or page providers make no warranty that the website or page will meet user’s requirements or that the website or page will be uninterrupted, timely, secure, or error free; nor does company, or its third party website or page providers make any warranty as to the results that may be obtained from the use of the website or page, or as to the accuracy or reliability of any information obtained through the website or page, or that defects in the software will be corrected.

User understands and agrees that any information, content, data, or other material downloaded or otherwise obtained through or from the website or page is obtained at user’s own discretion and risk, and that user will be solely responsible for any damage to user’s computer or data system or any loss of data that results from the download of such material or data.

Company and their third party website or page providers make no warranty regarding any goods purchased or obtained through or from the website or page or any transactions entered into through the website or page.

No advice or information, whether oral or written, obtained by user from company or their third party website or page providers, or through or from the website or page, shall create any warranty not expressly stated herein.

It is the User’s sole responsibility to ensure that User software, equipment and other devices and system(s) will function correctly with the products downloaded from the WEBSITE or PAGE. User understands and agrees that any personal information submitted on the Company’s website or page will be used by the Company to create statistics and data banks of their users, and for any other legal purpose that the Company consider necessary; and that such information might be shared by the Company with their third party WEBSITE OR PAGE providers.

LIMITATION OF LIABILITY.

The User agrees that company and their third party website or page providers shall not be liable for any indirect, incidental, special or consequential damages resulting from the use or the inability to use the website or page, or for cost of procurement of substitute goods and the website or page, or resulting from any goods purchased or obtained on the website or page, or resulting from unauthorized access to or alteration of user’s transmissions or data, including, but not limited to, damages for loss of profits, use, data, or other intangibles, even if company or their third party website or page providers have been advised of the possibility of such damages.

The user further agrees that company and their third party website or page providers shall not be liable for any damages arising from interruption, suspension, or termination of website or page, including, but not limited to, direct, indirect, incidental, special consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.

User acknowledges and agrees that in no event shall company be liable for any damages, whether in contract or tort, including, but not limited to, direct, indirect, incidental, or consequential damages, or lost profits or cost of procurement of substitute goods or the website or page, arising out of compliance or reasonable attempts to comply with united states copyright act.

Except as specifically provided herein, neither the Company and their third party WEBSITE OR PAGE providers, its affiliates, resellers, agents, or licensors, if any, shall be liable for any claim, demand or action arising out of, or relating to, the User’s use of the information or contain of this WEBSITE OR PAGE or the Company’s performance of (or failure to perform) any obligation under this Agreement or for special, incidental or consequential damages, including, without limitation, damages to the person of the user, due to lost revenues or profits, business interruption, or other damages caused by User’s inability to use correctly the information or contain of this WEBSITE OR PAGE, even if the Company, its affiliates, resellers, agents, or licensors have been advised of the possibility of such loss or damages, and whether or not such loss or damages is or are foreseeable.

The Company is not responsible for any theft of property, criminal acts, or accidents that may happen to Users while taking the Company tour. User is responsible for its own safety. The Company strongly suggests User to be aware of its surroundings while taking any of the Company tours. The Company is not responsible for any accidents that may occur while these tours are being played regardless of transportation mode.

GOVERNING LAW, JURISDICTION AND VENUE. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the Commonwealth of Puerto Rico as those laws are applied to contracts entered into, and to be performed entirely in Puerto Rico by Puerto Rico residents or visitors. Any legal suit, action or proceeding arising out of, or relating to this Agreement, shall be commenced in a state court in San Juan, Puerto Rico or in a federal court in San Juan, Puerto Rico, and each party hereto irrevocably submits to the personal and exclusive jurisdiction and venue of any such court in any such suit, action or proceeding and waives any right which it may have to transfer or change the venue of any such suit, action or proceeding, except that in connection with any suit, action or proceeding commenced in a state court, each party retains the right to remove such suit, action or proceeding to federal court to the extent permissible, both of San Juan, Puerto Rico. 

ATTORNEY FEES. If any legal action or proceeding is brought for the enforcement of this Agreement or arises from the alleged breach, dispute, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred as a result of such legal action or proceeding. 

WAIVER. No failure of the Company and their third party WEBSITE OR PAGE providers to exercise or to enforce any term of this Agreement shall constitute a waiver of such term in the future unless such waiver so provides by its terms. 

ASSIGNMENT. Neither this Agreement nor any of the User’s rights or obligations hereunder may be assigned by the User in whole or in part without the prior written approval of the Company. Any other attempted assignment shall be null and void. 

SEVERABILITY. If any part of this Agreement is for any reason found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected and same shall remain in effect. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. 

GENERAL. The Company’s and third party WEBSITE OR PAGE providers are intended beneficiaries of this Agreement. Company shall not be liable to User for any breach of this Agreement or the Privacy Policy. This Agreement and the relationship between User and the Company shall be governed by the laws of Puerto Rico without regard to its conflict of law provisions enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. 

Any information submitted on the EyeTour.com WEBSITE or PAGE is regulated by this Agreement and is subject to our Privacy Policy Agreement, the terms of which are incorporated herein. Please review our Privacy Policy Agreement. 

User agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the WEBSITE or PAGE or any transaction being conducted on the WEBSITE or PAGE, or with any other person’s use of the WEBSITE or PAGE. 

COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between the Company and the User with respect to its subject matter, and supersedes and voids any proposal or prior agreement, oral or written, and any other communications between the parties in relation to its subject matter. No waiver, alteration or modification of this Agreement shall be valid unless made in writing and signed by a corporate officer of the Company. 

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