Tourality® Terms of Use

Tourality and the website tourality.com are provided to you and operated by creative workline.

The terms and conditions set forth below (the "Terms") govern your use of the website (the "Site") of Tourality/creative workline. ("creative workline"). By using the Site, you ("You" and "Your") agree to be bound by (1) the Terms and (2) creative workline’s Privacy Policy, available at tourality.com/privacy ("Privacy Policy"). If you download or use Tourality’s software or services, you agree to be bound by the Tourality software end-user license, available at tourality.com/license.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
If You do not agree with the Terms or Privacy Policy, do not access or otherwise use the Site or any information contained herein. We reserve the right, at our discretion, to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Site following the posting of changes to these Terms will mean You accept those changes.

Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download from the Site (the "Software") is the copyrighted work of creative workline. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.

Links to Third Party Sites

This Site may be linked to other websites which are not under the control of or maintained by creative workline. Such links do not constitute an endorsement by creative workline of those sites. You acknowledge that creative workline is providing these links to You only as a convenience, and You agree that creative workline is not responsible for the content of those sites.

Your Submissions

The Site permits the submission of content by you and other users and the hosting, sharing and publishing of such submissions on the Site and in the Tourality software. You understand that whether or not such submissions are published, creative workline does not guarantee any confidentiality with respect to any submissions. You agree that any content provided by You in connection with the Site is provided on a non-proprietary, non-exclusive and non-confidential basis. creative workline shall be free to reject, use, delete or disseminate such content on an unrestricted basis for any purpose and by any reason. Furthermore You understand that Your submissions in the premium section of the Site ("mySpots", "myTemplates") may be used by Tourality's software or services as an integral part. As this data can be used by other users you agree to submit only accurate information. You must not submit fake information or information that might mislead other users. You acknowledge that You shall be solely responsible for such content and the consequences of posting or publishing them, including its legality, and You waive any "moral rights" in such content. You may not submit or publish through creative workline any content that is: (a) libelous, defamatory, pornographic, an invasion of privacy, threatening, harassing, ethnically offensive, obscene, abusive, illegal, racist, offensive, harmful to minors or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, (b) an infringement of any intellectual property rights of a third party or would otherwise violate the privacy or other rights of any third party, (c) advertisements or solicitations of business, (d) falsehoods or misrepresentations that could damage creative workline or any third party, or (e) impersonations of another person. creative workline does not endorse any submission of content or any opinion, recommendation or advice expressed therein, and creative workline expressly disclaims any and all liability in connection with any user submissions. You agree to indemnify and hold creative workline, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content You submit, post to or transmit through the Site, Your use of the Site, or Your violation of any rights of another person or entity.

PROPRIETARY RIGHTS

creative workline (or its third party providers) retains all title, right, copyright (and any other applicable intellectual property right), and interest in all information, documents, products, software and services provided on this Site (the "Materials"), which are protected by intellectual property laws and international treaty provisions.

LIMITATION OF LIABILITY AND WARRANTY

Except as expressly provided otherwise in a written agreement between You and creative workline, the Materials are provided "AS IS" and without warranties of any kind. To the fullest extent permissible pursuant to applicable law. creative workline disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, creative workline does not warrant that the Site or the Materials will provide uninterrupted or error-free service. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You. Under no circumstances shall creative workline, its affiliates and their respective officers, directors, employees and agents be liable for any special, indirect, incidental, punitive or consequential damages that result from the use of, or the inability to use, the Materials or the Site even if creative workline has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You. No advice or information, whether written or oral, obtained by You from creative workline or from or through the Site shall create any warranty not expressly stated in these Terms.

Local Laws; Export Control

You acknowledge that the Materials provided on this Site may be subject to export control laws. You agree to comply with all such laws.

Trademarks

"Tourality" and the Tourality logo are trademarks of creative workline. Other product names or service marks mentioned herein may be trademarks or registered trademarks of their respective owners and are hereby acknowledged.

Copyright Policy

creative workline respects the intellectual property of others, and we ask our users to do the same. creative workline may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide creative workline's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that You claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
a description of where the material that You claim is infringing is located on the Site, including the URL;
Your address, telephone number, and email address;
a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

creative workline's Copyright Agent for notice of claims of copyright infringement can be reached by email at copyright(at)creativeworkline(dot)com.

Copyright Notice

Ability to Accept Terms

You affirm that you are able by law to enter into these Terms, or possess legal parental or guardian consent to enter into these Terms, and to comply with these Terms. You affirm that your are permitted by law and by your contractual arrangements with your phone and other service providers to download the Software and use Tourality and other services.

Termination

These Terms are effective until terminated. Unauthorized copying of the Materials or otherwise failing to comply with these Terms will result in automatic immediate termination of Your right to access the Site and use the Materials and will make available to creative workline other legal remedies. Upon termination of these Terms, licenses granted under the Site will terminate and You: (i) will cease any and all use of the Software, and (ii) will remove the Software from all hard drives, cell phones, networks and other storage media and destroy all copies of the Software in Your possession or under Your control. The provisions in the paragraphs above labeled PROPRIETARY RIGHTS and LIMITATION OF LIABILITY AND WARRANTY will survive any termination of these Terms.

Miscellaneous

This Site may include inaccuracies, typographical errors or information which is not current. creative workline (or its third party providers) may make improvements, updates and/or changes in the Materials described in this Site, if any, at any time without notice. Such updates and revisions will be supplied according to creative workline's then prevailing policies. These Terms represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. These Terms and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Austria without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to these Terms shall be filed in courts located in Vienna, Austria, only, and You hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action. If any of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be deleted and construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of creative workline to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. These Terms comprise the entire agreement between you and creative workline and supersede all prior or contemporaneous agreements between the parties regarding the subject matter contained herein.

Last revised: April 20^th, 2007.