Acceptance of Terms
By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Platform, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate Not a Tourist's Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Platform by Not a Tourist, each of which is incorporated by reference and each of which may be updated by Not a Tourist from time to time. Any amendment of these Terms of Use will be announced at least one (1) month before it will take effect. If the User does not agree to an amendment, it has the right to terminate (in Dutch: ‘opzeggen’) the agreement as of the date the amendment would have entered into force. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Not a Tourist from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Platform, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate Not a Tourist's Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Platform by Not a Tourist, each of which is incorporated by reference and each of which may be updated by Not a Tourist from time to time. Any amendment of these Terms of Use will be announced at least one (1) month before it will take effect. If the User does not agree to an amendment, it has the right to terminate (in Dutch: ‘opzeggen’) the agreement as of the date the amendment would have entered into force. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Not a Tourist from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Platform, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate Not a Tourist's Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Platform by Not a Tourist, each of which is incorporated by reference and each of which may be updated by Not a Tourist from time to time. Any amendment of these Terms of Use will be announced at least one (1) month before it will take effect. If the User does not agree to an amendment, it has the right to terminate (in Dutch: ‘opzeggen’) the agreement as of the date the amendment would have entered into force. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Not a Tourist from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Platform, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate Not a Tourist's Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Platform by Not a Tourist, each of which is incorporated by reference and each of which may be updated by Not a Tourist from time to time. Any amendment of these Terms of Use will be announced at least one (1) month before it will take effect. If the User does not agree to an amendment, it has the right to terminate (in Dutch: ‘opzeggen’) the agreement as of the date the amendment would have entered into force. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Not a Tourist from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
Registration and Eligibility
You may browse the Platform and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register and become a User with Not a Tourist and represent, warrant and covenant that you provide Not a Tourist with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Not a Tourist account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily.
You shall not:
create any account for anyone other than yourself without such person's permission;
use a User Name that is the name of another person with the intent to impersonate that person;
use a User Name or Not a Tourist account that is subject to any rights of a person other than you without appropriate authorization; or
use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Not a Tourist reserves the right to refuse registration of, or cancel a User Name, or transfer ownership of a User Name in its sole discretion. Users are solely responsible and liable for activity that occurs on their account and shall be responsible for maintaining the confidentiality of their Not a Tourist password. You shall never use another User's account without such other User's prior express permission. You will immediately notify Not a Tourist in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 16 years old. Not a Tourist may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. If the Terms of Use or use of the Service is prohibited by any laws, rules or regulations applicable to you, you agree not to use or access the Platform or Services in any way.
You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Service.
Your Content
For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, photo albums, and interactive features generated, provided, or otherwise made accessible by Not a Tourist on or through the Service. All Content, whether publicly posted or privately transmitted, must be the sole intellectual property of the person who posts or transmits such Content. Not a Tourist cannot guarantee the authenticity of any Content or data, which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
You retain the intellectual property rights relating to the Content you make available through the Service. You acknowledge and accept that by making the Content available through the Service, you automatically and free of charge grant Not a Tourist an unlimited, worldwide, irrevocable, sublicensable and transferable license to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works, display and otherwise use all or part of the Content, by any and all means, in the context of providing the Service and/or our business activities, and within the limits of the privacy settings you have chosen for your content. This means that if you set certain Content to be available publicly, Not a Tourist may use such Not a Tourist in connection with the Platform, Service and Not a Tourist’s business as Not a Tourist may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into our travel guides, marketing materials, advertisements and other works, creating derivative works from it, promoting it, and distributing it.
You also hereby do and shall grant each other User you have authorized to access your Content a non-exclusive license to access your Content through the Platform and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, create and order a photo album of, display and perform such Content in connection with their use of the Platform and Service, in order for each other user to be able to (normally) use the Platform and Service. You understand that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such Content originated; that Not a Tourist will not be liable for any errors or omissions in any Content; and that Not a Tourist cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service.
User represents and warrants that it has all rights to grant the licenses as laid down in article of these Terms of Use, without infringing or violating any third party rights, including but limited to, any privacy rights, publicity rights, intellectual property rights or any other proprietary rights. User indemnifies Not a Tourist against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the Content.
When you delete your Content, it will be removed from the Service. However, you understand that any removed Content may persist in backup copies for a reasonable period (but following removal will not be shared with others) or may remain with Users who have previously accessed and downloaded your Content.
Other Content
The Service contains Content specifically provided by Not a Tourist or its partners and such Content is protected by intellectual property rights and associated rights, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow (“Intellectual Property Rights”). You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Subject to these Terms of Use, Not a Tourist grants each User of the Platform and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Not a Tourist, or from the Intellectual Property Right holder, as applicable.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Not a Tourist in its sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
involves commercial activities (whether or not for profit) and/or sales without Not a Tourist's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Not a Tourist or any third party;
impersonates any person or entity, including any employee or representative of Not a Tourist;
includes anyone's identification documents or sensitive financial information; or
breaches any Not a Tourist policy or rules incorporated therein.
You shall not (directly or indirectly):
sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right;
take any action that imposes or may impose (as determined by Not a Tourist in its sole discretion) an unreasonable or disproportionately large load on Not a Tourist's (or its third party providers') infrastructure;
interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
bypass any measures Not a Tourist may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
run any form of auto-responder or "spam" on the Service;
use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Platform;
harvest, scrape, copy or mirror any Content from the Service;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Not a Tourist Content (other than your own Content), except as expressly authorized by Not a Tourist;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
otherwise take any action in violation of Not a Tourist's guidelines and policies.
Not a Tourist does not guarantee that any Content (as defined above) will be made available on the Platform or through the Service. Not a Tourist has no obligation to monitor the Platform, Service or Content.
However, Not a Tourist reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Not a Tourist is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any Content from the Service.
Not a Tourist's access to your information
Not a Tourist reserves the right to access, read, preserve, and disclose any information as Not a Tourist reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Not a Tourist, its users and the public.
Feedback and Unsolicited Idea Submission Policy
Not a Tourist welcomes your feedback regarding Not a Tourist's' existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at support@notatourist.me. Any feedback you provide to Not a Tourist or any of its employees shall be deemed to be non-confidential.
Not a Tourist shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.
Third Parties Sites and Services
The Service may permit Users to link to other websites, apps, services or resources on the Internet, and other websites, services or resources may contain links to the Platform. When you access third party websites, you do so at your own risk. These other websites are not under Not a Tourist's control, and you acknowledge that Not a Tourist is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Not a Tourist or any association with its operators. You further acknowledge and agree that Not a Tourist 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource. This includes downloading the Platform from third party application stores (e.g., Apple App Store and Google Play Store) authorized by Not a Tourist.
Conditions of sale
Eligibility and Credit Card Terms
To order any Not a Tourist or other products, Users must be at least eighteen (18) years of age or the applicable age of majority in their jurisdiction. If you pay by means of credit card, your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Not a Tourist invoices the credit card for all amounts due and payable. By providing Not a Tourist with your credit card number and associated payment information, you agree that Not a Tourist is authorized to immediately invoice your account for all fees and charges due and payable to Not a Tourist as a result of your purchase of any Guide, List or other products. You agree to immediately notify Not a Tourist of any change in the credit card used for payment hereunder or in any associated information. Not a Tourist reserves the right, at any time, to change its prices and billing methods for any product sold, either immediately upon posting on the Service or by e-mail delivery to you.
Not a Tourist Credit
Any credit issued to you by Not a Tourist has no cash value and is not exchangeable as cash. Not a Tourist credit may be redeemed towards future purchases using your Not a Tourist account, and your Not a Tourist credit will be automatically applied in the checkout process. Not a Tourist credit is valid for 1 year from the date of last purchase, or if the User has not purchased, from the date of registration as a Not a Tourist User. If your Not a Tourist credit expires, it will be removed from your Not a Tourist account.
Termination
Not a Tourist may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Platform. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer
The Platform and Services are provided on an “as is” basis. Not a Tourist does not warrant that the Platform and Services are accessible at all times and/or are (fully) functional at all times.
You acknowledge that Not a Tourist has no control over, and no duty to take any action regarding: which Users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Not a Tourist makes no representations concerning any Content contained in or accessed through the Service, and Not a Tourist will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. You release us from all liability relating to your connections and relationships with other Users. You understand that we do not, in any way, screen Users, nor do we inquire into the backgrounds of Users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of Users or the veracity of any information Users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
Indemnification
You shall defend, indemnify, and hold harmless Not a Tourist, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Platform, Service, Content or otherwise from your Content, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any Intellectual Property Right or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Not a Tourist). Not a Tourist reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Not a Tourist in asserting any available defenses.
Liability
Not a Tourist’s liability, whether based upon (attributable) default, unlawful act or any other ground, is excluded.
Governing Law
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Not a Tourist agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of The Netherlands. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the Court in Amsterdam to which the Parties irrevocably submit.
Integration and Severability
These Terms of Use are the entire agreement between you and Not a Tourist with respect to the Service and use of the Platform, Service and Content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Not a Tourist with respect to the Platform. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Not a Tourist must provide you with written notice of such waiver through one of its authorized representatives.
Miscellaneous
Not a Tourist shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Not a Tourist its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with Not a Tourist’s prior written consent. Not a Tourist may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Contact
You can reach customer support at support@notatourist.me. You may also contact Not a Tourist at the following address: Prinsengracht 769, 1017 JZ Amsterdam, The Netherlands.