Terms of Agreement/Disclaimer (as of March 30, 2019):
Pour Tour and More LLC or PTM are interchangeable throughout this agreement.
For the purposes of this agreement, the term microtour should be recognized as a type of tour. Therefore, any rules or regulations that are applied to a tour should be applied to a microtour. The terms “microtour”, “experience”, and “tour” are all interchangeable throughout this agreement.
Below is an overview of our Terms of Service for our “Platform”, which means any website, application, or service we offer. You should read the complete Terms of Service because it is our legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as automatic subscription renewals, limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver.
By using Pour Tour and More (PTM), you are agreeing to our Terms of Service. This is a legally binding agreement between you and Pour Tour and More (PTM).
Your Content and Content of Others
- You are responsible for your “Content”, which means any information, material, or other content posted to our Platform. Your Content must comply with our Terms of Service, which includes the Usage and Content Policies, Group Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, and Trademark Usage Guidelines. Your Content is also subject to our Intellectual Property Dispute Policies.
- We do not own the Content that you post. However, we do require that you provide us a license to use this Content in order for us to operate, improve, promote, and protect PTM and our Platform for the benefit of you and others.
- We are not responsible for Content that members post or the communications that members send using our Platform. We generally don’t review Content before it’s posted. If you see Content that violates our Terms of Service, you may report inappropriate Content to us.
We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.
We are continually improving our Platform. This means that we may modify or discontinue portions of our Platform.
By using our Platform, you agree to the limitations of liability and release in our Terms of Service. Except as specified in our Terms of Service, you also agree to resolve any disputes you may have with us through arbitration, and you are waiving your right to seek relief from a judge or jury in a court of law, except as otherwise provided for in the Terms of Service. Claims can only be brought individually, and not as part of a class action.
- This Agreement
Summary: You agree to follow some basic rules when using PTM’s Platform. These rules are described in these Terms of Service, including the related policies and guidelines discussed below. We may change these rules.
1.1 The Agreement. PTM enables you and other members to arrange off-line, real-world PTM groups and PTM events. The terms “PTM,” “we,” “us,” and “our” include Pour Tour and More LLC and our affiliates. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, application, or service offered by PTM, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document together with our Usage and Content Policies, Group Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, and Trademark Usage Guidelines. Your use of the Platform signifies that you agree to this Agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.
1.2 Revisions to this Agreement. We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement.
- Your Account and Membership
Summary: You need to be at least 18 years old to use our Platform. PTM organizers control the Content and membership of their PTM groups. However, we may remove any Content you post or terminate your account at any time.
2.1 Eligibility. Our Platform is available to anyone who is at least 18 years old. You represent that you are at least 18. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion of our Platform. For example, the eligibility requirements for a PTM group or PTM event may be set by the organizers of that group.
2.2 Suspension of Your Account. We may modify, suspend or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the PTM community, or to protect our brand or Platform. We also may remove accounts of members who are inactive for an extended period of time.
2.3 Account Information and Security. When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password, notify us immediately.
- Fees, Payments, and Offers
3.1 Fees Charged by PTM. Use of some of the features on our Platform is free, and we charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you advanced notice such as by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S. dollars.
Tip: You should use common sense in deciding whether to make a payment to any organizer. We cannot ensure that organizers will use payments as they promise or as you expect. You should check the refund/cancellation policy of PTM before making any payments to an organizer/host.
3.2 Your PTM account or patrons may receive offers from third parties, such as discounts, sponsorships, or other benefits. PTM is not involved in any dealings or payments between you and third parties, and these Terms of Service do not govern such transactions.
- Your Content and Privacy
4.1 Your Content. You are solely responsible for your Content. We use the word “Content” to mean any information, material, or other content posted to our Platform or otherwise provide to us (such as feedback, comments, or suggestions shared with us). You agree that you and your Content shall not violate the rights of any third party (such as copyrights, trademarks, contract rights, privacy rights, or publicity rights), this Agreement (including our Usage and Content Policies, Group Policies, Organizer and Leadership Standards, Member Restrictions, and Intellectual Property Policies) or our Trademark Usage Guidelines.
Tip: Search engines can see public areas of the Platform. Your Content within these areas, such as the name and location that you provide during registration, and your membership in public PTM groups, may appear in search results. Our Platform is designed so that search engines cannot see your Content that is within restricted areas of the Platform.
4.2 Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect PTM and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant PTM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content.
Tip: This license doesn’t give us ownership of any of your Content. It simply gives us and members the right to use it on or related to the Platform. This license continues even if you close your account, because it’s necessary for us to operate the Platform.
4.3 Privacy. PTM collects registration and other information about you through our Platform. These policies do not govern use of information that you provide to third parties, such as other members of PTM’s Platform.
Tip: PTM has no control over how other members may use information that you provide to them, so you should exercise common sense and good judgment when sharing information with others on our Platform.
Summary: You agree to reimburse us if we get sued in connection with your use of our Platform.
You agree to indemnify, defend and hold all PTM events, and experiences, harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a PTM site or a PTM event that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all PTM Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
- Warranty Disclaimer and Limitation of Liability
Summary: Our Platform is provided to you “as is” and we make no warranties of any kind with respect to our Platform. Our liability in connection with the Platform is limited to the fees you paid to us in the 12 months preceding the claim or $100, whichever is greater.
6.1 Warranty Disclaimer. Our Platform is provided to you “as is” and on an “as available” basis. We disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform.
6.2 Limitation of Liability. You agree that in no event shall any PTM Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any PTM Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or transportation to or from PTM events, attendance at PTM events, participation in or exclusion from PTM sites or PTM events and the actions of you or others at PTM events, or (d) any other matter relating to the Platform. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct.
- Intellectual Property
Summary: If you use PTM’s trademark be sure to follow our Trademark Usage Guidelines. Also, don’t infringe on anyone’s intellectual property..
7.1 Intellectual Property of PTM. PTM trademarks, logos, service marks, and service names are the intellectual property of PTM. Our Trademark Usage Guidelines explain how you may and may not use them. Our Platform, including our material on the Platform, are also our or our licensors’ intellectual property. Except as described in the Trademark Usage Guidelines and as otherwise permitted by law, you agree not to use our intellectual property without our prior written consent.
7.2 Intellectual Property of Others. PTM respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers.
This Agreement was written in English. It may be then translated into other languages. If there is any inconsistency between the English version and a translated version, the English language version controls.
- Entire Agreement
This Agreement, including the Usage and Content Policies, Group Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, and Trademark Usage Guidelines, constitutes the entire agreement between you and PTM, superseding any prior agreements between you and PTM on such subject matter.
Using the PTM platform means meeting real people and doing real things. This can sometimes lead to unexpected situations. We are not able to control what happens in the real world, and we are not responsible for it. You should use good judgement and common sense at all times especially when interacting with others.
Be respectful in all regards. This includes people, pets, property, places, things, etc…
Make sure you review all your host’s policies including house rules, directions, and cancellation policy.
Don’t Spam. Spam is content sent to a member that is irrelevant, impersonal, unsolicited, promotional, or repetitive, and organizers may be blocked for spamming members.
Message respectfully. Please use respectful language. Using profanity in an attacking, sexual way, or in a way intended to offend people, is prohibited in PTM messages, profiles, reviews, descriptions, or any other area that is publicly promoted or viewable on the Platform.
Don’t violate others intellectual property. We respect the intellectual property rights of others. Posting content that violates another party’s intellectual property rights is prohibited.
Always pay and communicate through the PTM website or app. This is the only way we can track and moderate situations.
PTM Member Restrictions
We take privacy seriously here and have strict rules to follow. We reserve the right to suspend or terminate any account, or limit access to certain features, for any reason, at our sole discretion.
In order to create a PTM profile, you must be at least 18 years of age.
PTM may remove certain members when we become aware that the member is a convicted sex offender or has been convicted of a violent, fraudulent, or dangerous crime. PTM may also remove a member based on their criminal record, for safety, or for other concerns. Members with concerns about criminal or illegal activity should always report it to local authorities.
PTM does not permit the distribution and/or consumption of food, alcoholic beverages or marijuana unless allowed by law.
Business Licensing for PTM
These information pages can help you get started in learning about some of the laws and registration requirements that may apply to your microtour.
Please understand that these information pages are general, not comprehensive and are not legal advice. These pages are intended to give you an idea of the types of rules that may apply to your microtour and to help you understand some of the things to consider in relation to your microtour.
Different countries, states, and cities have different licensing requirements and rules and it is your responsibility as a host to make sure you comply with local laws and regulations. These pages are not intended to be an explanation of the specific rules that apply in your jurisdiction, or your particular situation, nor are these pages a substitute to seeking legal advice. If you are unsure about how local laws or this information may apply to you or your microtour, we encourage you to check with official sources or seek legal advice.
Please note that we don’t update this information in real time, so you should confirm that the laws or procedures have not changed recently.*
What are the general business license and registration requirements?
In certain jurisdictions, hosts of a microtour may be required to register their microtour as a business with the local government and/or at the national or federal/regional level. In jurisdictions with business licensing requirements, failure to register could result in fines, penalties, and/or the disruption of the microtour until proper registration is completed.
Based on certain factors, such as the type of service you provide, how often you host your microtour, whether you will be conducting your microtour for profit or whether you will be conducting your microtour under only your own legal name, your microtour may or may not be classified as a business in your jurisdiction. In other jurisdictions, the site or location of the microtour may be used to determine what type of license or permit is required.
You are responsible for checking whether your activity may be considered to be a business activity, and if so, for ensuring that you comply with local rules that regulate businesses (which may include business registration and/or licensing requirements) before starting to provide your microtour.
In certain jurisdictions, you may also need to obtain specific permits and/or licenses in order to conduct regulated activities that are part of the microtour. These permits and/or licenses may be required by a local licensing department and/or a federal/national licensing department.
What are the microtour-specific permit, license, or registration requirements?
Depending on the category of business you use to host your microtour, as well as the activities involved and the services you provide, you may be required to register your microtour or obtain special permits or licenses.
It’s a good idea to check with local representatives, and consult with a local lawyer and/or tax professional to make sure you’ve satisfied all filing, registration, licensing and permitting requirements before hosting your first microtour.
Location: You may also be required to register your microtour or obtain special permits or licenses for microtours involving sporting activities, those which are held in parks, forests, protected areas, or in your home and some commercial buildings. There may also be insurance requirements (see below).
Employees: If you plan to hire employees as part of your business, it’s a good idea to consider (amongst other things) the obligations and other legal requirements set by the relevant government agency for your jurisdiction. This may include things such as statutory contributions, workplace health and safety and work permits for foreign workers. Some hosts may be required to obtain certain registrations or permits. This can be a complicated area and it may be a good idea to reach out to a lawyer or your local representative to understand the rules that may apply to you.
Tax and accounting: It’s a good idea to ensure that you understand what tax and accounting rules may apply and comply with any payment or recordkeeping requirements. Note that you may be required to obtain a (unique) tax number if you register a business. You may be able to deduct your expenses from income taxes, so it’s a good idea to keep receipts of the costs of running your microtours. Taxes can be complicated, and you may want to take time to understand the rules as they apply to you and your particular situation, and seek advice from a tax professional for more details.
Insurance: Depending on the type of microtour you offer, you may want to obtain insurance. You may want to talk to an insurance broker for more information.
Are there additional laws that apply to me as a result of my hosting a microtour?
Other rules might apply to your microtour, depending on the activity/activities involved. It’s your responsibility to comply with the rules that apply to you and your microtour.
In most jurisdictions, consumer protections laws require you to truthfully describe your microtour in your microtour listing so guests can make informed decisions before booking. In most cases, the law requires that in explaining and promoting your microtour to guests, the information you provide meets the following criteria:
- Is accurate and not misleading
- Correctly and completely describes the main characteristics of your microtour, what is included, and any special terms and conditions
- Includes specifically those services that you actually intend to provide, with dates or times treated as commitments
- Is accurate to your advertised microtour price, with no surprise additional fees or costs to be covered by patrons
Please note that some jurisdictions may have additional consumer laws. For more information, we encourage you to consult a lawyer to find out what rules apply to your microtour.
* Please note that PTM has no control over the conduct of Hosts and disclaims all liability. Failure of Hosts to satisfy their responsibilities may result in suspension of activity or removal from the PTM app or website.
PTM is not responsible for the reliability or correctness of the information contained in any links to third party sites (including any links to legislation and regulations).