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Terms and Conditions for All Users:

YouStroll.com Audio Walking Tours
Registration Terms of Service, Privacy, and End-User License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY.  The terms and conditions stated in this Agreement below shall at all times govern your use of the YouStroll website, its software and any content that you may see or download.

These terms of service and end-user license agreement (the "EULA.") govern your rights to the YouStroll store and the digital walking tour files ("YouStroll Audio Walking Tour Downloads") you download from the YouStroll store.  It is a legally-binding contract between you and YouStroll Holdings, LLC (sometimes referred to below as "YouStroll", "we", or "us" or "our") that grants you a limited license to access the YouStroll store and to use the YouStroll Audio Walking Tour Downloads you select.  In order to purchase the right to download and access the YouStroll Audio Walking Tour Downloads, you must agree to the terms of this EULA  After you have read this EULA, you can indicate your acceptance of its terms by clicking the "AGREE" button below.  By installing, copying, or otherwise using the YouStroll store or its software, you acknowledge that you have read the EULA and agree to be bound by its terms and conditions.  If you do not agree to (or cannot comply with) the terms and conditions of this EULA, click the "DISAGREE" button and do not install, copy, or use the YouStroll store, software or any YouStroll Audio Walking Tour Downloads.  By clicking the "DISAGREE" button, you will be unable to complete the registration process and you will not be able to download from the YouStroll store.

GENERAL INFORMATION
You understand that the YouStroll software may include security components that permit digital information to be protected and that limit your use and access to the YouStroll Audio Walking Tour Downloads so that they may be used only in accordance with licensing rules assigned by YouStroll and/or its content suppliers (the "Usage Rules").  The YouStroll Audio Walking Tour Downloads are encoded and licensed to you in the MP3 format.  The approved Usage Rules, below, shall govern your rights with respect to the YouStroll Audio Walking Tour Downloads regardless of whether unauthorized rules have been associated with walking tour downloads by another party.  This EULA provides: (i) information regarding your rights with respect to the YouStroll Audio Walking Tour Downloads; (ii) information regarding your rights with respect to your access to the YouStroll store; (iii) information regarding our Customer Service and refund policies; and (iv) other important legal information.  YouStroll's privacy policy applies to the use of the YouStroll store and its terms are made a part of this EULA by this reference.  For further information about the mechanics of downloading or other aspects of your purchase, please refer to our FAQs.

YOUR RIGHT TO USE THE YOUSTROLL STORE AND ITS CONTENTS.
The YouStroll store and all materials on the YouStroll store, including but not limited to the  YouStroll Audio Walking Tour Downloads, images, software, text, and video clips (the "Content") are only for your personal use and you agree that you are purchasing YouStroll Audio Walking Tour Downloads for your own personal use for entertainment purposes and not for redistribution of any kind.  The sale to you of any YouStroll Audio Walking Tour Download does not convey to you any reproduction or promotional use rights in the YouStroll Audio Walking Tour Download (e.g., any uses that implicate or require synchronization rights or public performance or print walking tour publishing rights to be obtained and/or paid with respect to the audio compositions, or any use that would result in the commercial redistribution or performance of the YouStroll Audio Walking Tour Download or the musical composition underlying such download).  You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any materials contained on the YouStroll store, including but not limited to any text, images, audio, and video, for any business, commercial or public purpose.  You agree to abide by the rules and policies established from time to time by YouStroll.  Such rules and policies will be applied generally in a nondiscriminatory manner to users of the YouStroll store and related software, and may include, for example, required or automatic updates, modifications and/or reinstallations of the software, and obtaining available patches to address security, interoperability, and/or performance issues.  YouStroll (for itself and for its content providers) reserves the right to enforce the Usage Rules with or without notice to you.  As long as you comply with the EULA, YouStroll grants you a non-exclusive, non-transferable, limited right to enter, display, and use the YouStroll store.  The YouStroll Audio Walking Tour Downloads and other materials contained in the YouStroll store may be owned by YouStroll or by third parties.  In all circumstances, you understand and acknowledge that your rights with respect to Content you obtain for use in connection with the software and the YouStroll store will be limited by copyright law and by the Usage Rules, as described in the EULA.  You agree not to interrupt or attempt to interrupt the operation of the YouStroll store in any way.  Except as provided herein, all other non-enumerated uses of the YouStroll store are prohibited and shall constitute a violation of the terms of this Agreement.

DOWNLOADS LICENSE AND LIMITATIONS ON USE.
YouStroll hereby grants you a non-exclusive, non-transferable, revocable license to use the YouStroll Audio Walking Tour Downloads in accordance with the following limitations (the "Limitations on Use"):  Permitted Uses: You may play the YouStroll Audio Walking Tour Downloads an unlimited number of times on up to five (5) computers at the same time, burn single-track YouStroll Audio Walking Tour Downloads an unlimited number of times to a CD as part of a playlist, and transfer YouStroll Audio Walking Tour Downloads to portable audio devices.  YouStroll's permitting burning or transferring of the YouStroll Audio Walking Tour Downloads shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of the sound recording and underlying musical composition embodied in the YouStroll Audio Walking Tour Download.  Except as provided herein, all other non-enumerated uses of the YouStroll Audio Walking Tour Downloads are prohibited and shall constitute a violation of the terms of this Agreement.
WARNING: YouStroll uses watermarking technology. Any Downloads which are subsequently uploaded or fileshared by you will be indelibly watermarked with the your IP address and other information. This information will be made accessible to the authorities upon request so as to support the ongoing efforts to discourage copyright infringement. DO NOT UPLOAD OR FILESHARE the walking tours you purchase from the YouStroll store.

OWNERSHIP OF INTELLECTUAL PROPERY.
All Content on the YouStroll store is protected by copyright under U.S. law, international conventions, and other copyright laws.  You cannot use the Content except as specified herein.  Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.  There are a number of proprietary logos, service marks, and trademarks (collectively, the "Trademarks") found on the YouStroll store that are owned by YouStroll and other third parties.  Nothing contained on the YouStroll store should be construed as granting by estoppel or otherwise, any license or right to use to any Trademark displayed on the YouStroll store.

YOUR ACCOUNT AND PASSWORD
Registration with the YouStroll store will require you to open an account (including setting up a unique ID and password).  You may only open an account for yourself, and not for any other person.  You warrant that the information you provide to YouStroll during the registration process and any other communications with YouStroll, is true, correct, complete, and current and you agree to update such information as necessary so that it remains current, accurate, and complete.  You agree that any information provided by you to us will not violate any law or regulation or infringe the rights of any third party.  By opening an account, you are certifying that you are capable of entering a contract under the laws of your jurisdiction.  You acknowledge and agree that the complete privacy of your data and messages transmitted while registering or using the YouStroll store cannot be guaranteed.  You agree that you will consult the terms and conditions that are imposed by your credit card issuer for notification requirements and limitations on your liability for loss, theft, or unauthorized use of your credit card.  You agree that you, and not YouStroll, will be solely responsible for the payment of all amounts billed to your credit card by unauthorized third parties.  You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your YouStroll store account.  You agree to notify YouStroll immediately of any unauthorized use of your account or password, or any other breach of security.  However, you may be held liable for losses incurred by YouStroll, its third party licensors, or by any other user of or visitor to the YouStroll store due to someone else using your unique ID, password or account.  No person may use anyone else's unique ID, password or account at any time.  YouStroll and its third party licensors cannot and will not be liable for any loss or damage arising from any failure on the part of any person to comply with these obligations.

PRIVACY POLICY.
You are required to provide certain contact and personal information when you open your account with YouStroll:  All information provided by you to YouStroll shall be and shall at all times remain subject to our privacy policy ("Privacy Policy"):  We shall store you name, address and e-mail information for use in connection with the provision of YouStroll's services hereunder.  We shall not disclose or provide your stored contact information to any unaffiliated third party unless we are required to do so by State or Federal government agencies or in the context of litigation.  The Privacy Policy's terms and conditions may be adjusted from time to time without further notice to you, and as a condition of using YouStroll's services, you hereby expressly waive your right to such notice.  You hereby warrant and represent that you have read our Privacy Policy and agree to its terms and hereby consent to our collection, use and disclosure of your personal information consistent with the terms and conditions of the Privacy Policy as set forth herein.

EMAIL COMMUNICATION.
By establishing an account with YouStroll, you expressly grant permission for YouStroll to communicate with you via e-mail at the e-mail address you provide.

RULES FOR KIDS.
Effective April 21, 2000, the Children's Online Privacy Protection Act ("COPPA") was enacted into law and it imposed new rules regarding the collection of personal information from children younger than the age of 13.  Because the YouStroll store is not directed to children under the age of 13, we cannot offer the YouStroll Audio Walking Tour Downloads to such individuals.  If you are under the age of 13, you may not create an account with the YouStroll store and you shall not be eligible to participate in any promotions, and you are asked not to provide any personal information to us.

REFUND POLICY
There are no refunds once a YouStroll Audio Walking Tour Download is purchased.  When you click the "Buy Now" button, or other button confirming your purchase, your walking tour purchases are charged to the credit card or authorized payment method that you provide at the time of the purchase.

PRICES, TAXES, SPECIAL OFFERS AND PROMOTIONS.
Features, specifications, services and/or prices offered from the YouStroll store may change at any time without notice and YouStroll does not provide price protection or refunds in the event of a price drop or a promotional offering.  Purchases from the YouStroll store may include sales tax (where applicable) and such tax will be based on the bill-to address.  In such cases, the sales tax rate in effect at the time the YouStroll Audio Walking Tour Download occurs will apply.  If the applicable sales tax rate changes before the YouStroll Audio Walking Tour Download has been completed, the new tax rate, effective at the time of the completion of the YouStroll Audio Walking Tour Download, will apply.  You are not eligible for tax exemptions for purchases made from the YouStroll store.  Other product and service limitations and disclaimers may apply.  Special product or service offerings and promotions displayed on the YouStroll store are considered no longer valid once they are removed from the YouStroll store.  Additionally, all offerings and promotions are subject to change or cancellation at any time without notice.

CUSTOMER SERVICE.
Customer Service can be accessed by entering the following URL into your Internet browser window:
http://www.youstroll.com/contact_us.php

YOUSTROLL'S RIGHT TO CHANGE THE YOUSTROLL STORE, THESE TERMS OF SERVICES OR THE EULA
YouStroll may add to, change or remove any part of the EULA at any time, without notice.  By accepting the terms of this Agreement, you hereby expressly waive any right to notice regarding changes to this Agreement.  Any changes to the EULA apply as soon as they are posted.  You should therefore periodically visit this page by clicking on the hyperlink entitled "Terms of Service/EULA" at the bottom of the YouStroll store web pages to review the then-current Terms of Service and EULA  By continuing to use the YouStroll store after any changes are posted, you are indicating your acceptance of those changes.  YouStroll and/or the owners of the Content may add, change, discontinue, remove, or suspend any materials posted on the YouStroll store, including features and specifications of products described or depicted on the YouStroll store, temporarily or permanently, at any time, without notice and without liability.

Electronic Signatures and Contracts. 
Your use of the  YouStroll store includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.  YOU AGREE THAT ANY ELECTRONIC SUBMISSIONS, INCLUDING BUT NOT LIMITED TO CLICKING 'AGREE' OR ANY OTHER AFFIRMATIVE ACKNOWLEDGEMENTS, ARE INTENDED TO BE AN AFFIRMATION OF YOUR SIGNATURE AND WILL BE BINDING TO THE FULLEST EXTENT OF THE LAW IN THE ABSENCE OF A PHYSICAL SIGNATURE.

RISK OF USE.
YouStroll, its licensors, suppliers and affiliates assume no responsibility, and shall not be liable for, any damages to, or viruses that may damage your computer equipment or other property on account of your access to, use of, or browsing in the downloading of any materials, data, text, images, video, or audio from the YouStroll store or any other way, whether or not linked from the YouStroll store.

No Responsibility for Third-Party Materials or Web sites. 
Certain content, Products, and services available via YouStroll may include materials from third parties. In addition, YouStroll may provide links to certain third party websites. You acknowledge and agree that YouStroll is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. YouStroll does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.  Your linking is entirely at your own risk.

WARRANTIES AND DISCLAIMER OF WARRANTIES.
THE YOUSTROLL STORE, THE CONTENT, AND THE YOUSTROLL AUDIO WALKING TOUR DOWNLOADS ARE PROVIDED SOLELY ON AN "AS-IS" BASIS.  EXCEPT AS EXPRESSLY PROVIDED HEREIN, YouStroll AND ITS LICENSORS, SUPPLIERS AND AFFILIATES: (1) DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE YOUSTROLL STORE, THE CONTENT, OR THE YOUSTROLL AUDIO WALKING TOUR DOWNLOADS; (2) EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OR MERCHANTABILITY, SATISFACTORY QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) DO NOT WARRANT THAT THE YOUSTROLL STORE, THE YOUSTROLL AUDIO WALKING TOUR DOWNLOADS OR YOUR USE THEREOF OR THE CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE.  YOUR SOLE AND EXCLUSIVE REMEDY AND WARRANTY AND YouStroll's AND ITS LICENSORS', SUPPLIERS' OR AFFILIATES' SOLE OBLIGATION AND LIABILITY HEREUNDER WITH REPSECT TO THE YOUSTROLL STORE, THE CONTENT, AND THE YOUSTROLL AUDIO WALKING TOUR DOWNLOADS WILL BE, AT YOUSTROLL'S SOLE OPTION, REPLACEMENT OF THE DEFECTIVE YOUSTROLL AUDIO WALKING TOUR DOWNLOADS(S) OR A WHOLE OR FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE DEFECTIVE YOUSTROLL AUDIO WALKING TOUR DOWNLOADS(S).

LIMITATION OF LIABILITY.
EXCEPT AS EXPRESSLY PROVIDED IN THIS EULA, IN NO EVENT WILL YOUSTROLL, ITS LICENSORS, SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED, ARISING FROM OR RELATING TO THE YOUSTROLL STORE, THE CONTENT, THE YOUSTROLL AUDIO WALKING TOUR DOWNLOADS, THE EULA OR THE SUBJECT MATTER OF IT UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (1) DAMAGES ARISING FROM LOSS OF DATA; AND (2) DAMAGES ARISING FROM YOUR USE OF THE CONTENT OR THE YOUSTROLL AUDIO WALKING TOUR DOWNLOADS IN VIOLATION OF THIS EULA, INCLUDING THE LIMITATIONS ON USE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION.
You will defend and indemnify YouStroll and its licensors, distributors, suppliers and affiliates (and their respective officers, directors, employees, and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorney's fees) arising from or relating to your use of the YouStroll store, the YouStroll Audio Walking Tour Downloads or Content in violation of this EULA

TERMINATION.
This EULA and your rights to access, download and use the YouStroll Audio Walking Tour Downloads are subject to immediate termination, without notice, if you breach any provision of this EULA or if you use the Content or YouStroll Audio Walking Tour Downloads in violation of this EULA  If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach.  Upon termination, you must: (i) cease all use of the YouStroll store, the Content, and the YouStroll Audio Walking Tour Downloads, (ii) destroy all electronic files of the Content and YouStroll Audio Walking Tour Downloads and (iii) return all physical copies of the Content and YouStroll Audio Walking Tour Downloads recorded in recordable blank media to YouStroll.

CHOICE OF LAW AND VENUE.
This EULA will be governed by the laws of the state of New York, without regard to its conflicts of law principles.  You agree that any claim or dispute arising out of or relating to this EULA will be brought in an appropriate state or federal court located in New York County, New York.  You agree to submit to the exclusive jurisdiction and venue of these courts and waive any jurisdictional, venue or inconvenient forum objections to such courts.  THE PARTIES SHALL NOT RAISE IN CONNECTION THEREWITH, AND HEREBY WAIVE, TRIAL BY JURY AND/OR ANY DEFENSES BASED UPON THE VENUE, THE INCONVENIENCE OF THE FORUM, LACK OF PERSONAL JURISDICTION, THE SUFFICIENCY OF SERVICE OF PROCESS OR THE LIKE IN ANY SUCH ACTION OR SUIT.

SURVIVAL.
The paragraphs entitled "INDEMNIFICATION" and "CHOICE OF LAW AND VENUE" will survive termination of this EULA

ENTIRE AGREEMENT AND SEVERABILITY.
This EULA constitutes the entire agreement between you and YouStroll with respect to its subject matter.  No employee or agent of YouStroll has the authority to alter or vary any of the policies of YouStroll, the YouStroll store or the EULA  If any part of this EULA is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this EULA will be interpreted so as to reasonably effect the intention of the parties.

AFFILIATE PROGRAM:

By filling out the signup form you acknowledge that you have read the terms and conditions below for the YouStroll, LLC AFFILIATE Program, understand, and agree with them.  Every YouStroll.com user account is automatically enrolled in the YouStroll, LLC affiliate program. The following terms and conditions are applicable only if you choose to participate in the YouStroll, LLC AFFILIATE program by advertising on the behalf of YouStroll, LLC.

1. Joining the Program
By filling out the signup form you will automatically become an AFFILIATE and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on products purchased by your referral individuals.

2. Payment Schedule

1. Eligible payments - all AFFILIATE monies due for orders generated as a result of AFFILIATE links/Web Site will be held for 30 days after the Shipping Date of an order. Orders are typically shipped 1-7 days after a order is placed. This allows us ample time to compensate for returns, exchanges or canceled orders. Payments will be calculated and checks sent out to AFFILIATE during the last week of any given month according to the terms and conditions of this document.
   2. AFFILIATE Payments - payment to AFFILIATE will not be rendered for amounts less than $10.00 USD unless requested by AFFILIATE. Example: if you have a total of $50.00 in sales you would have $5.00 in your affiliate account, thus your account will carry over ino the next months cycle. When your account total reaches $10.00 or more you will be sent a check provided all orders associated meet the condiditons set forth in (a) above.
   3. Store Credit (Doggie Dollars) can be issued upon request in lieu of payment by check to AFFILIATE.

3. Revocation of AFFILIATE Status
Your AFFILIATE application and status in the program may be suspended or terminated for any of the following reasons:
# Inappropriate advertisements (False claims, misleading hyperlinks)
# Spamming (mass email, mass newsgroup posting, etc...)
# Advertising on sites containing/promoting illegal activities
# Violation of intellectual property rights.

4. AFFILIATE Links
You may use graphic and text links both on your Web Site and in emails. The site may also be advertised "offline" in classified ads, magazines, and newpapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are approved by us first.

5. AFFILIATE Tracking
When a web surfer clicks through your AFFILIATE link, a cookie is set in their browser that contains your AFFILIATE username. Also, their IP address is tracked in the database along with your AFFILIATE name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the AFFILIATE who will be awarded the commission. Visitors sent through your AFFILIATE link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or the are using the same IP address as the one logged in the database.

6. Terms of the agreement
These terms will begin upon your signup with the AFFILIATE program and will end when your AFFILIATE account is terminated. The terms of this agreement may be modified by us at any time. If any modification to the terms is unnacceptable to you, your only choice is to terminate your AFFILIATE account. Your continuing participation in the program will constitute your acceptance of any change.

7. Liability
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to AFFILIATE tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the AFFILIATE program and/or products sold at this site. We make no claim that the operation of the AFFILIATE program and our website will be error-free and we will not be liable for any interruptions or errors.

Affiliate further agrees and warrants that it will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of e-mails.

AFFILIATE shall indemnify and hold YouStroll, LLC harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of AFFILIATE. Under no circumstances will YouStroll, LLC be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing, YouStroll, LLC aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to AFFILIATE under this agreement.

YouStroll, LLC will own all right, title and interest in and to all information that is created or collected in the operation of the YouStroll, LLC Web site and reserves the right to amend or terminate this Agreement at any time, with or without notice to AFFILIATE.

The laws of the State of California shall govern this Agreement. Should there be any legal dispute between the parties, then both parties agree to take the matter before arbitration/mediation in Placer County , CA should YouStroll, LLC request arbitration/mediation in lieu of formal legal process. Both parties mutually agree that the sole legal venue for all disputes shall be in the Placer County General District Court, CA.

By filling out the signup form you acknowledge that you have read the terms and conditions above for the YouStroll, LLC AFFILIATE Program, understand, and agree with them.

POSTED AND EFFECTIVE – June 1, 2007

Terms and Conditions for Tour Guides and Content Providers:

YouStroll.com Audio Walking Tours
Registration Terms of Service, Privacy, and End-User License Agreement for Tour Guides and Content Providers

YouStroll.com Audio Walking Tours provides a centralized location where tour guides may submit new materials to YouStroll.com for evaluation. Properly submitted materials will be included in the YouStroll.com Audio Walking Tours library, subject to these terms, conditions, and notices (these "Terms"). Your use of YouStroll.com Audio Walking Tours (the "Service") is based on your acceptance, without modification, of these Terms.

We reserve the right, in our sole discretion, to modify these Terms and any Service fees, at any time, effective upon the date we post a new set of Terms on the Service site. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future change to these Terms is not acceptable to you, you may request that we remove your materials from our live sites by contacting us through our support form.

We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all parts or any part of the Service at any time for any reason without prior notice or liability. We may change, suspend, or discontinue all aspects or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that your submission will be processed within the expected time frames associated with any YouStroll.com Audio Walking Tours program. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, or other destruction to or damage of our facilities, an act of God, war, civil disturbance, or other cause beyond our reasonable control.

Submission Requirements

Submitting materials to the Service does not guarantee that we will include them in our audio walking tour library or place them on YouStroll.com Audio Walking Tours. For this reason, it is important that you become familiar with the Submission Requirements we have developed to assist tour guides during the submission process.

Your content

By submitting material to the Service, you represent and warrant that:

* YouStroll.com, our customers, and our licensees shall not be required to make any payments with respect to material that you submit to our sites under these Terms, including but not limited to payments to you, third parties, audio walking tour publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds;
    * you have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses, and permissions necessary to enter into and perform under these Terms;
    * the material that you submit to our sites does not contain "samples" of any third party’s sound recording or musical composition and will not infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary right, rights of publicity or privacy, or moral rights;
    * the material that you submit is not and will not violate any law, statute, ordinance, or regulation; and
    * the material that you submit is not and will not be defamatory, trade libelous, pornographic, or obscene. By submitting sound recordings or other audio and/or audio-visual content to us, you grant us and our business partners a worldwide, royalty-free, license to:
          o host your materials on our servers and those of our business partners;
          o display your materials to YouStroll.com’s users on our Web sites and our business partners’ Web sites, in whole or in part, alone or in compilation with content provided by third parties;
          o make your material accessible to YouStroll.com’s users and those of our business partners as audio streams;
          o make your material accessible, at your discretion, to YouStroll.com's users and those of our business partners for download;
          o copy your materials to our servers or those of our business partners;
          o re-encode your materials;
          o edit your materials to ensure that they comply with our policies and guidelines;
          o re-record your audio walking tour based upon an assessment of poor sound quality or other factors that necessitate re-recording;
          o use any trademarks, service marks, or trade names incorporated into your material and use the likeness of any individual whose performance or image is contained in your material. We do not have the right to sublicense your audio-visual materials other than as necessary to syndicate our sites to our business partners.
    * By uploading content to YouStroll.com Audio Walking Tours, you grant YouStroll and our business partners exclusive rights to sell and distribute your content for a period of two years from the time of upload, after which YouStroll will have nonexclusive rights to sell and distribute your content until such time as you choose to remove the content.
    * You understand that compensation for sales of your content will be based on sales less chargebacks (chargebacks are defined as refunds or credit issued) and will constitute up to 60 percent of the net sales of your walking tours.  The actual royalty percentage depends upon your preference for royalties or up front payments. 
    * You have the ability to select your compensation options based upon a combination of paid upon delivery advances against future royalties and perpetual royalties.  You must choose your compensation plan before uploading any audio walking tours and your decision will be final.  YouStroll Audio Walking Tours reserves the right to change your compensation option subject to the quality of your uploaded audio walking tours.
    * Payment for a given month will be made 30 days after the end of that month.

Protecting your password and subscription

You agree to provide true, accurate, current, and complete information about yourself as requested in the Service's registration process and to update your information. You may not reveal your subscription password to anyone else and you may not use anyone else’s password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorized access to the Service is a breach of these Terms and a violation of the law.

Requests for removal of listings within the YouStroll.com Audio Walking Tours library

If you believe material you own has been copied and made accessible in a manner that violates your intellectual property rights, please follow the instructions in our copyright notice or contact us. We will consider such requests individually.

You have the right to request that we remove your materials at any time. If you want to remove your materials from YouStroll.com Audio Walking Tours, please contact us through our support form and we will remove them from our live sites as soon as possible.

Your conduct on the Service

Certain material that you submit may, at our sole discretion, also become available to certain of our business partners around the world in addition to appearing on YouStroll.com Audio Walking Tours.

If we discover that you have manipulated the data or statistics for certain materials, we reserve the right to remove the product from the YouStroll.com Audio Walking Tours library and from YouStroll.com Audio Walking Tours.

The content on the Service is intended for your personal, noncommercial use. All materials published on the Service, including but not limited to photographs, graphics, images, illustrations, sound clips, and Flash animation are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit any of the materials or content of the Service in whole or in part.

If the Service contains bulletin-board services, chat areas, newsgroups, forums, communities, and/or message or communication facilities (collectively, the "Forums"), you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not:

* use the Service in an illegal manner;
    * defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
    * publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, username, or any other material which might otherwise subject YouStroll.com to public disparagement or scorn;
    * upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
    * advertise or offer to sell any goods or services for any commercial purpose;
    * conduct or forward surveys, contests, pyramid schemes, or chain letters;
    * download any file posted by another user of a Forum that you know or reasonably should know cannot be legally distributed in such manner;
    * falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded; or
    * restrict or inhibit any other user from using and enjoying the Forum.

We reserve the right to automatically change your username, delete your posts, terminate your access to any or all of the Forums, remove your tour guide recordings from the Service, or use any combination of these options at any time without notice for any reason whatsoever.

Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court, and law-enforcement requests, or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

Legal policies and notices

You hereby agree to indemnify, defend, and hold YouStroll.com and all of our officers, directors, owners, agents, information providers, affiliates, and licensors (collectively, the "YouStroll.com Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any YouStroll.com Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material you submit to the Service, including but not limited to claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement, and any claim or liability relating to the content, quality, or performance of materials you submit to the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with our defense of such claim.

We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE.

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE.

Any controversy or claim arising out of or relating to these Terms or our sites will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, necessary to protect the rights or property of you or YouStroll.com. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms in the federal or state courts located in San Francisco County, California. These Terms constitute the entire agreement between you and YouStroll.com with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third-party content providers and their respective agents shall be limited to the greatest extent permitted by law.

POSTED AND EFFECTIVE – June 1, 2007

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