Build Your Tour LLC (“BYT”) Terms & Conditions

Page last updated May 23. 2016

These terms and conditions (the “Terms”) govern your access to and use of Build Your Tour LLC (“BYT”, “we” or “our”) websites (buildyourtour.com, photobookfan.com) and services (the “Services”) so please read them before using the BYT Services.  The BYT Terms & Conditions also include, but are not limited to, the Acceptable Use Policy, Consumer Disclosures, Legal Disclaimer, and Privacy Policy.

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of a group or organization, you are agreeing to these Terms for that group or organizations and promising that you have the authority to bind that organization to these terms.  In that case, “you” and “your” will refer to that group or organization.

You may use the Services only in compliance with these Terms.  You may use the Services only if you have the power to form a contract with BYT and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you.  We may also remove any content from our Services at our discretion.

Your Information and Your Privacy
By using our Services you provide us with information that you submit to BYT.  How we collect and use your information is described in our Privacy Policy.  BYT is not responsible for the accuracy, completeness,appropriateness or legality of the information you provide to or receive from BYT.

Your Responsibilities
Do not copy, upload, download, share information received from BYT unless the information is contained as part of BYT Services.

If your contact information changes, you must notify us promptly to keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing you are over 18.

Build Your Tour Property and Feedback
These Terms do not grant you any right, title or interest in the Services, or the content of the Services.  While we appreciate it when our clients send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post on our website without any obligation to you.

The www.buildyourtour.com and www.photobookfan.com, “Website”, and other technologies we use to provide the Services are protected by copyright, trademark and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use any Build Your Tour trademark, logos,images, domain names, or other brand features.

Copyright
Build Your Tour respects others’ intellectual property.   We will investigate alleged copyright infringement if they comply with the law and are properly provided to us.  Infringed copyright content will be deleted, disabled or removed as appropriate.

Other Content

The Services may contain links to third party websites or resources. BYT does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services.  You are solely responsible for your use of any such websites or resources.  If we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Termination of Build Your Tour Service
We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice.  For example, we may suspend or terminate production of your product if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others use of the Services.  If we suspend or terminate your plan, we will try to let you know in advance though there may be some cases (such as, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

Build Your Tour is Available “AS-IS”
THE SERVICES AND WEBSITE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND.  WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BYT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BYT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE AMOUNT PAID BY YOU TO BYT FOR THE PLAN IN QUESTION.

Modifications
We may revise these Terms from time to time and the most current version will always be posted on our website.  If a revision, in our sole discretion, is material, we will notify you (for example, by email via the address you supplied).  Other changes may be posted to our Terms page, so please check the pages regularly.  By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.

Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND WEBSITE WILL BE GOVERNED BY COLORADO LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES, ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR WEBSITE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF DENVER COUNTY, COLORADO AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These terms constitute the entire and exclusive agreement between you and Build Your Tour with respect to the Services and supersede and replace any other agreements, terms and conditions applicable to the Services.  These Terms create no third party beneficiary rights.  BYT’s failure to enforce a provision is not a waiver of its rights to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.  You may not assign any of your rights in these Terms, and any such attempt is void, but BYT may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.  BYT and you are not legal partners or agents.

LEGAL DISCLAIMER

Build Your Tour LLC
dba Build Your Tour (hereafter referred to as “BYT”)
Last updated May 23, 2016
Written Statement
Terms of Website Use, Limits of Liability & Privacy PolicyPrices listed may not include all applicable taxes, charges, and government imposed fees. The following additional fees and taxes may apply. (None at this time.)THE BUILDYOURTOUR.COM  AND PHOTOBOOKFAN.COM WEBSITES ARE PROVIDED BY BYT ON AN “AS IS” AND “AS AVAILABLE” BASIS. BYT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BYT SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE BYT SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE  BYT WEB-SITE IS AT YOUR SOLE RISK.

By registering and/or using, viewing or downloading the buildyourtour.com website or any other websites operated or maintained by BYT, you agree (for yourself and/or on your group’s behalf) to the following rules and regulations without limitation or qualification (the “Agreement”).

BYT may at any time revise this Agreement. You are bound by such revisions and should therefore periodically visit to review the current Agreement. Your continued use of any or all of the BYT’s websites shall indicate your acceptance of the Agreement as amended.

This Agreement was last revised May 23, 2016.

1. Use of the BYT’ s Websites:
This Agreement provides you with a personal, revocable, non-exclusive, non-transferable license to use the BYT sites, conditioned on Your continued compliance with this Agreement.

You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, frame, decompile, or dissemble any aspect of the BYT site (including any prices or service descriptions), with the following exception: You may display, print, and store one electronic copy of content provided by BYT for Your personal use. Actual or attempted unauthorized use of the BYT site may result in criminal and/or civil prosecution.

You hereby undertake and agree:
not to pass any BYT user login, password, access code to any third party outside of your travel group without written consent from BYT;
not to use BYT websites for any illegal purpose;
not to make any attempts to access data other than those attributed to Your own account.

2. Use of the BYT’s Websites
You understand that the information offered through the BYT sites is offered by third parties that operate services independently from BYT. You assume total responsibility and risk for Your use of services and the information about them offered through BYT.

3. Change of Information and BYT Websites, Offers, and Information:
Information, Offers and Pricing on this web site and any other web sites operated by BYT are subject to and may be changed without prior notice at any time.

Statements or pictures in this website regarding hotels, road / trail conditions , and/or any other products or services or accommodations are strictly opinions. Because quality of these products, services or accommodations can change, and are owned and operated by other entities, up-keep and general quality of such can change without notice. Therefore, BYT makes no guarantees or warrantees that products, accommodations and/or other travel products are of any level or standard. By using this website you accept this.

4. Intellectual Property Rights
All textual, graphical and other content created by or for BYT, and/or its affiliates, and appearing on this website is the property of BYT 7900 E Dartmouth Ave #64, Denver, CO 80231,  © 2016.  All rights reserved. BYT, also copyrights: buildyourtour.com and photobookfan.com, as a collective, work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any content generated by the BYT sites without BYT’s written consent is expressly prohibited. This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. BYT is a trademark of Build Your Tour LLC dba Build Your Tour and Photo Book Fan.

5. Hyperlinked web sites
BYT makes no warranties or representations whatsoever regarding any other web sites, which You may access through this web site. Third party web sites are independent from BYT, and BYT has no control over the content of such web sites, nor does BYT have any control over the collection of personal information by third party web sites. In addition, a link to a non-BYT web site does not mean that BYT endorses or accepts any responsibility for the content or the use of such web site.

6. Privacy Policy – see below

7. Received Comments or Suggestions

Any comments or suggestions sent to BYT become the property of BYT and may be used without limitation.

8. Exclusion of Warranties/Limitation of Liability/Indemnification
THE BUILDYOURTOUR.COM SITE IS PROVIDED BY BYT ON AN “AS IS” AND “AS AVAILABLE” BASIS. BYT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BYT SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE BYT SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF ANY OF THE BYT WEB-SITES ARE AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BYT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BYT DOES NOT WARRANT THAT THE BYT WEB-SITES, ITS SERVERS, OR E-MAIL SENT FROM BYT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS UP TO YOU TO TAKE PRECAUTIONS AGAINST VIRUSES AND OTHER ITEMS OF DESTRUCTIVE NATURE. BYT ALSO RESERVES THE RIGHT TO ALTER THE CONTENT OF THE BYT WEB-SITES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR ANY TYPOGRAPHICAL ERRORS THAT MAY APPEAR ON THE SITE OR FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER BYT NOR ITS AFFILIATES NOR ANY OF THEIR EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, OR ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF BYT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. BYT ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF OR BROWSING OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. FURTHERMORE, BYT ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER DUE TO ANY THIRD PARTY’S UNAUTHORIZED ACCESS TO THE WEB SITE, PASSWORDS OR DATA OR INFORMATION IN THE WEB SITE.

SHOULD ANY PORTION OF THE FOREGOING LIMITATION ON LIABILITY BE DEEMED UNENFORCEABLE, IN NO EVENT SHALL BYT’S AGGREGATE CUMULATIVE LIABILITY IN ANY CIRCUMSTANCES TO THE USER (AND YOUR COMPANY AS APPLICABLE) ARISING OUT OF OR RELATING TO YOUR USE OF THE BYTSITE EXCEED $100.

You agree to reimburse and hold harmless BYT and its affiliates and any of their employees, agents, directors, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns against any claims arising directly or indirectly from Your use of the BYT Travel Site(s).

9. Termination
Your right to use the BYT Websites may be terminated by BYT without notice, and You may stop using BYT’s Websites at any time without notice. Upon termination of this Agreement, Sections 4, 7, 8, 9, and 10 shall survive.

10. Law and Venue
The BYT websites including this Agreement, shall be governed by, and construed in accordance with, the laws of the State of Colorado (without giving affect to the choice of law principles thereof). Any dispute arising out of or in relation to this web site, including this Agreement, shall be subject to the exclusive jurisdiction of the federal and state courts of Colorado. You agree and consent to the personal jurisdiction in the federal and state courts of Colorado, for any action concerning any dispute arising in connection with this web site or this agreement. You represent that you are using the BYT Web sites at the direction and for the benefit of your company, and have authority to bind your company to this Agreement. If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect.

REFUND POLICY

Last updated April 29, 2014

Photo Books
A Build Your Tour event photo book  is considered “shipped” when an order for your book is placed with the printer (e.g.Blurb.com).  To receive a refund of 100% of the purchase price of the book (excludes shipping and handling fees)

  • Book must be in new, “unopened” condition
  • Items must be returned with all original packaging

Items valued at over $75 must be returned to BYT with a trackable shipping service. If the order is valued at $100 or more, insure the shipment for the value of the merchandise and ship your return with a signature shipping service. For items below $75, we suggest USPS delivery confirmation service.

To receive a refund on the purchase price of a book ordered directly from the printer, please contact the printer (e.g. http://www.blurb.com/returns).

A BYT custom photo book  or customized event photo book is “shipped” when BYT places the print order with the photo book print vendor or notifies you the photo book design is complete. If we ordered the print version, we will honor the refund policy of the selected photo book print vendor.  BYT makes reasonable efforts to contact you within 24 hours of our intent to ship, a.k.a. the 24-hour, pre-ship, grace period.  Your unavailability during the grace period does not change this policy.

BUILD YOUR TOUR LLC PRIVACY POLICY

Page last updated April 19, 2016.

This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information.  BYT clients can access the BYT service (the “Service”) through our websites www.buildyourtour.com, www.photobookfan.com, using a device. A “Device” is any computer used to access the BYT website including a desktop, laptop, mobile phone, tablet or other consumer electronic device.  This Privacy Policy governs your access to the BYT Service regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy. All of the different forms of data, content, and information described below are collectively referred to as “information.”

1. The Information We Collect and Store
We may collect and store the following information when performing the Services you request from BYT.

When you make an inquiry with Build Your Tour, we collect some personal information, such as name, phone number, credit card or other billing information, email address and home and/or business postal address. We collect your images for photo book design.

2. How We Use Personal Information
In the course of using the Service, we may collect personal information that can be used to contact and identify you. (“Personal Information”)

Personal information is or may be used: (a) to provide and improve our Serice, (b) to administer your plans developed by the Service, (c) to better understand your needs and interests, (d) to personalize and improve your experience, and (e) to provide or offer products announcements. If you no longer wish to receive communications from BYT, please send an email message with “UNSUBSCRIBE” in the message header to director@buildyourtour.com.

3. Information Sharing and Disclosure
Our Use  We do not sell your personal information to third parties.  We may share or disclose your information (images) for use in our website or other advertising materials.

Service Providers, Business Partners and Others
We may use certain trusted third party companies and individuals to help us provide, analyze, and improve the BYT service (including but not limited to database management, web analytics, payment processing).  These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similiar to those in this Privacy Policy. We may also use Carbonite and SmugMug / DropBox services to provide data backup.  Please read more about these services privacy policies on their respective websites.

Compliance with Laws and Law Enforcement Requests: Protection of BYT’s Rights We may disclose to parties outside BYT information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury, (c) prevent fraud or abuse of BYT or its clients; or (d) to protect BYT’s property rights.

Business Transfers If we are involved in a merger, acquisition, or sale of all or a portion of our assets,  your information may be transferred as part of that transaction, but we will notify you (for example, using email and a notice on our website)  of any change in control or use of  your Personal Information.

Non-private or Non-Personal Information We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of BYT Service.

4. Data Retention
We will retain your information for as long as needed to provide you Services. In addition, we may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there may be latency in deleting information from our systems and back-up versions might exist after deletion.

5. BYT Community
The BYT Service offers publicly accessible community services such as comment areas, blogs and forums. You should be aware that any information you provide in those areas may be read, collected, and used by others who access them. Your posts may remain even after you notify us to delete any Personal Information. For questions, please contact director@buildyourtour.com

6. Security
We follow generally acceptable standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic storage or transmission is 100% secure, however. Therefore, we cannot guarantee its absolute security.

BYT keeps redundant backups of all data over multiple locations using Carbonite service (files are encrypted with 128-bit Blowfish encryption prior to transfer and then sent through an encrypted 128-bit SSL tunnel to Carbonite data centers).

7. Policy Toward Children
Our services are directed to persons over 18 and older.  We do not knowingly collect personally identifiable information from children under 18.  If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at director@buildyourtour.com.  If we become aware that a person under 18 has provided Personal Information to us, we will take steps to delete such information.

8. Contacting Us
If you have any questions, about this Privacy Policy, please contact us at director@buildyourtour.com, or Build Your Tour, 7900 E Dartmouth Ave #64, Denver, CO 80231.

9. Changes to our Privacy Policy
This privacy policy may change from time to time. If we make a change to this privacy policy that we believe materially reduce your rights, we will provide you with notice by email or on our website. By continuing to use BYT Service after these changes become effective, you agree to be bound by the revised Privacy Policy.