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There are a few legal documents that are central to life at Learn Tourism — to us, our customers, our prospects, our partners, and just plain old users of our website. To make it easy to find the information you’re looking for, we’ve assembled them all here under one roof and provided you with a quick rundown below of what you’ll find in each one.
We might make versions of these legal documents available in languages other than English. If we do, the English version will govern our relationship — the translated version is provided for convenience only and will not be interpreted to modify the English version.
For Everyone
For Customers
Learn Tourism, Inc. (“Learn Tourism”) operates each website (“Site”) that links to these Terms of Use to provide online access to information about Learn Tourism, Inc. and the products, services, and opportunities we provide. Use of the Learn Tourism Service is governed by our Customer Terms of Service.
By accessing and using the Site, you agree to these Terms of Use.
Learn Tourism, Inc. reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth below.
Permitted Use of The Site
You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Learn Tourism, Inc. products and services, and solely in compliance with these Terms of Use.
Prohibited Use of The Site
By accessing the Site, you agree that you will not:
Use the Site in Violation of these Terms of Use;
Use the Site in violation of the terms of Learn Tourism, Inc.’s Acceptable Use Policy;
Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Learn Tourism servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
Use the Site in any manner that damages, disables, overburdens, or impairs any Learn Tourism website or interferes with any other party’s use and enjoyment of the Site;
Mirror or frame the Site or any part of it on any other web site or web page.
Attempt to gain unauthorized access to the Site;
Access the Site by any means other than through the interface that is provided by Learn Tourism for use in accessing the Site;
Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.
Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
Eligibility and Account Terms
Age of Access. You must be at least 18 years old to use the Platform, or, if You are between the ages of 13 and 18, You must have your parent or guardian’s permission to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are ‘representing’ and ‘warranting’ that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.
OFAC Restrictions. As an express condition of being permitted to access and use the Platform, You represent and warrant that You (i) are not on a list of persons that bars You from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Syria, Venezuela or Crimea.
User Accounts. To access or use certain features of the Platform, You may be required to register for an account (“Account”). For example, to enroll in a Creator’s course or other service, You will be required to create a Student Account associated with the Creator’s school. When You register for an account, You agree to provide true, accurate, current and complete information and to keep Your account up to date.
Creator Accounts. To sign up for the Platform as a Creator, you will need to open a Creator account. Creators are deemed the contracting party (“Primary Owner”) for the purposes of our Terms.
If you are signing up as a Creator on behalf of your employer, your employer shall be the Primary Owner of the account and any associated school(s). If you are signing up on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms.
Admin User Accounts. Depending on the Learn Tourism, Inc. subscription plan, a Creator may allow one or more persons (“Non-Primary Owner”) to establish an administrative account associated with a Primary Owner’s school. The Primary Owner is responsible for setting the level of access and permissions for Non-Primary Owners.
A Primary Owner is responsible and liable for the acts, omissions and defaults arising from the use of Non-Primary Owner accounts associated with their schools as if they were the Primary Owner’s own acts, omissions, or default.
Account Ownership Disputes. In the unlikely event that there is a dispute over the ownership of an account, Learn Tourism, Inc. has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:
copy of Your photo ID
Your business documents, including a Charter, Certificate of Incorporation, LLC
Agreement, business license, or other documentation showing ownership of Your entity;
Your billing information and details;
Certified copies of your tax forms; and
Other documentation as we deem necessary to settle the dispute
Should a dispute arise, Learn Tourism, Inc. reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law.
Relationship between Learn Tourism, Inc. and Users
Creators and Students are not employees of Learn Tourism, Inc.
Learn Tourism, Inc. is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their courses and other content (“Creator Content”) available and, at each Creator’s election, for processing payments through Learn Tourism, Inc.’s payment gateway(s). Learn Tourism, Inc. is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Creator or Creator Content at any time.
As stated in our Privacy Policy, Learn Tourism, Inc. only provides Creators with limited information about Students enrolled in their services, including name, email address, and the Creator offering in which the Student has enrolled. This information is only available to the Creator upon the purchase or enrollment of a Student in the Creator’s school. Learn Tourism, Inc. does not provide, sell, rent, release, disclose, or otherwise transfer Student data to Creators for monetary or other valuable consideration. Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.
Third Party Communications
By using Learn Tourism, Inc.’s Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). Learn Tourism, Inc. is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Learn Tourism, Inc. assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.
Copyrights and Trademarks
The Site is based upon proprietary Learn Tourism, Inc. technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Learn Tourism, Inc. or its licensors (if any). Learn Tourism, Inc. owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Learn Tourism, Inc., the open book Design, the Learn Tourism, Inc. logos, and other marks used by Learn Tourism, Inc. from time to time are trademarks and the property of Learn Tourism, Inc.. The appearance, layout, color scheme, and design of the Learn Tourism, Inc. site are protected trade dress. Customer does not receive any right or license to use the foregoing. Learn Tourism may use and incorporate into the Site or the Learn Tourism, Inc. Service any suggestions or other feedback you provide, without payment or condition.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to Learn Tourism, Inc.’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.
Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Learn Tourism, Inc. of the third party, the third-party web site, or the information there. Learn Tourism is not responsible for the availability of any such web sites. Learn Tourism, Inc. is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of Learn Tourism, Inc. affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those websites.
Downloading Files
Learn Tourism, Inc. cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Disclaimers; Limitations of Liability
Learn Tourism, INC. AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Learn Tourism, INC. AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Learn Tourism, INC. IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Learn Tourism, INC. AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF Learn Tourism, INC. OR ANY OF Learn Tourism, INC.’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, Learn Tourism, INC. IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF Learn Tourism, INC. AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Learn Tourism, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.
Privacy
Your use of the Site is subject to Learn Tourism’s Privacy Policy.
Additional Terms of Service
If you are a customer of Learn Tourism or an employee, representative or agent of a Learn Tourism customer, your use of the Learn Tourism Service is subject to Learn Tourism’s Customer Terms of Service.
The Learn Tourism, Inc.’s General Rights In Operating Its Platform
Learn Tourism, Inc. may modify, terminate, or refuse to provide Learn Tourism, Inc. Services at any time for any reason, without notice.
Learn Tourism, Inc. may remove anyone from the Learn Tourism, Inc. Platform at any time for any reason, solely in Learn Tourism, Inc.’s discretion. This right is not modified by any other section of these Terms.
Learn Tourism, Inc. reserves the right to access Your account, school, and User Content in order to respond to requests for technical support, to maintain the safety and security of the Learn Tourism, Inc. Platform, and for other legitimate business purposes, as necessary, in Learn Tourism, Inc.’s discretion.
Learn Tourism, Inc. may, but has no obligation to, monitor any User Content that appears on the Learn Tourism, Inc. Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and Learn Tourism, Inc. employees.
Learn Tourism, Inc. reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
If You close Your account or terminate Your school, Learn Tourism, Inc. may keep a copy of Your User Content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
Learn Tourism, Inc. reserves the right to remove You and Your User Content without warning if You violate any of the provisions of these Terms.
Learn Tourism, Inc. has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of these Terms without warning at any time.
General Provisions
Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Learn Tourism of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Learn Tourism therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Learn Tourism does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Learn Tourism, Inc.’s Privacy Policy, your use of the Site, any other Learn Tourism, Inc. web site or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Fort Lauderdale, Florida in the event of any dispute of any kind arising from or relating to these Terms of Use, Learn Tourism, Inc.’s Privacy Policy, your use of the Site, any other Learn Tourism, Inc. web site or the Content.
Last Revised: 12 Sept 2024
Copyright 2024 Learn Tourism. All rights reserved.
Claims of Copyright Infringement
DMCA Notices
Learn Tourism, Inc. respects the intellectual property rights of others, and we ask our users to do the same. Learn Tourism, Inc. may, in its sole discretion, suspend the access or terminate the accounts of users who violate others’ intellectual property rights.
If you believe that your work has been copied in a way that constitutes infringement on Learn Tourism, Inc.’s website, please provide the following information to Learn Tourism, Inc.’s Copyright Agent.
Contact Learn Tourism:
Learn Tourism, Inc. Copyright Agent for notice of claims of copyright infringement on or relating to this website (“Notifications”) can be reached either by sending an e-mail to [email protected] or by sending a letter via U.S. Mail to: Learn Tourism, Inc., 8130 Lakewood Main Street, Suite 103-338, Lakewood Ranch, Florida, 34202 USA, Attn: General Counsel.
Submission of Notification:
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complaining Party”);
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Learn Tourism, Inc. to locate the material;
Information reasonably sufficient to permit Learn Tourism, Inc. to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Receipt of Notification:
Upon receipt of the written Notification containing the information as outlined in 1 through 6:
Learn Tourism, Inc. will remove or disable access to the material that is alleged to be infringing;
Learn Tourism, Inc. will forward the written notification to such alleged infringer (the “Alleged Infringer”);
Learn Tourism, Inc. will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
Counter Notification:
An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to Learn Tourism, Inc.’s Copyright Agent that includes substantially the following:
A physical or electronic signature of the Alleged Infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The Alleged Infringer’s name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer’s address is located, or if the Alleged Infringer’s address is outside of the United States, for any judicial district in which Learn Tourism, Inc. may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Receipt of Counter Notification:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
Learn Tourism, Inc. will promptly provide the Complaining Party with a copy of the Counter Notification;
Learn Tourism, Inc. will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
Learn Tourism, Inc. will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Learn Tourism, Inc.’s Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Learn Tourism’s network or system.
The Learn Tourism respects your privacy and is committed to being transparent with you about how we handle personal information.
This Privacy Policy explains how The Learn Tourism collects, uses, and shares information about you when you use the The Learn Tourism Platform, or otherwise interact with us. It also goes over how you can exercise your privacy rights and choices.
The The Learn Tourism Platform is designed to allow Creators to build, design, publish, and sell courses, coaching and other services to their Students. This Privacy Policy applies when you access or use the services and tools offered through our Platform (“The Learn Tourism Services”), or otherwise interact with us. Your access to our Platform and use of The Learn Tourism Services is also governed by our Terms of Use. Capitalized terms used but not defined in this Privacy Policy can be found in our Terms of Use.
Please read this Privacy Policy carefully prior to accessing our Platform and using The Learn Tourism Services. If you have any questions, please contact us at: [email protected].
As stated in our Terms of Use, you must be at least 18 years old to use the Platform, or, if you are between the ages of 13 and 18, you must have your parent or guardian’s permission to use the Platform. The Learn Tourism does not knowingly collect or store any personal information from or about children under the age of 13, and we will delete such information if we become aware that it has been submitted through our Platform.
Parents or guardians who believe that The Learn Tourism might have any personal information from or about a child under the age of 13 may submit a request to [email protected] for us to remove such information.
Personal information refers to any information that relates to an identified or identifiable individual. How we handle your personal information will depend on whether we act as a “controller” or as a “processor” for the personal information. The controller is the entity that decides how and why to process personal information. The processor processes personal information on behalf of the controller at the controller’s direction.
The Learn Tourism is the controller of personal information that it collects and processes in connection with the use of our marketing site and the provision of The Learn Tourism Services. This includes personal information that you provide to us when you create an account on the The Learn Tourism Platform, subscribe to a The Learn Tourism plan, enroll in a course, purchase Coaching through our Platform, etc. Please refer to the “Personal Information We Collect” section of this Privacy Policy for more information about personal information that The Learn Tourism collects as a controller.
Creators are the owners of content that they upload, submit, or otherwise provide to the The Learn Tourism Platform (“Creator Content”) and are the controller with respect to any personal information included in their Creator Content. The Learn Tourism processes Creator Content on behalf of the Creator as a processor.
When a Student enrolls in Creator Content, The Learn Tourism will provide the Creator access to a limited set of personal information about the Student (“Student Data”) to enable the Creator to provide their services to the Student. The Learn Tourism and Creators may each use Student Data for their own business purposes, at all times subject to the terms of this Privacy Policy, the Data Processing Agreement and our Terms of Use. The Creator and The Learn Tourism each act as an independent controller with respect to their particular use of Student Data.
Creators acknowledge and agree that they are responsible for complying with all applicable laws and regulations related to the protection of personal information for which they are controllers.
The Learn Tourism collects personal information about you in several different ways, depending on how you interact with our Platform. Please note that the types of personal information we collect differs depending on how you’re using our Platform, for example, as a Creator or a Student.
Personal Information you give us (or that we receive from others): We collect personal information you directly provide to us. We may also receive personal information about you from others; e.g. from another user or our payment processors.
Account Information. To use certain features of our Platform (such as to create a course or to enroll in a course), you’ll need to register for an account with The Learn Tourism. To do so, you’ll need to provide us with certain personal information, such as your name, email address, and password.
The Learn Tourism Plans. When you subscribe to a paid or unpaid The Learn Tourism plan, we will collect certain personal information from you for the purposes of billing your subscription fees and any payment service fees, such as your business and billing address. You’ll also need to provide certain payment-related information directly to our third party-payment processors, as described below.
Creator Payment Information. If you’re using The Learn Tourism’s Native Payment Gateways, you’ll need to link your payment account to our Platform to receive payouts. By linking your account, The Learn Tourism will receive certain payment related information about you, including your payment card type and last four digits, postal code, country of origin, payment expiration date, and any email address associated with the payment type. Further, we will collect certain personal information for tax purposes. This tax information may include your full name, address, and registration number.
Student Payment Information. To purchase a course, Coaching, or other service through our Platform, you’ll need to provide us with certain personal information, such as your name, address, and information about the service you are purchasing. You may also need to provide certain payment-related information directly to our third party payment processors, as described below.
Third Party Payment Processors. We use third party payment processors like PayPal and Stripe to process payments through the The Learn Tourism Platform. For payments processed via The Learn Tourism Native Gateways, the third party processor provides us with information related to the payment status of your account; this information includes your payment card type and last four digits, payment expiration date, zip code, approximate location based on IP address, country of origin, and any email address associated with the payment type. For security purposes, The Learn Tourism does not collect or receive any sensitive payment information, such as your complete card number or authentication data. Our third-party payment processors are independent from The Learn Tourism and have their own privacy processes. For additional information about how your payment information is processed and stored, we recommend that you review the applicable payment processor’s Privacy Policy.
Participation in Creator Content. When you enroll in a course, Coaching service, or other Creator Content, The Learn Tourism will collect personal information relating to your participation in the Creator Content, such as courses enrolled in, quiz results, lecture progress and certifications.
Third Party Integrations. You may allow our Platform to interact with third party services (such as Facebook and Zoom). The information you allow The Learn Tourism to access varies by service, and it is affected by the privacy settings you and those that you are connected with establish while using such services. Third-party services are operated, controlled, and maintained by third parties not operated, controlled, or maintained by The Learn Tourism. We recommend that you read the terms of use and privacy policies of those third party services to understand how they collect, use, and share your personal information with us or other third parties.
Other Personal Information. You may choose to provide us with other personal information. For example, we may collect your name, email address and other personal information when you fill out a survey, participate in a The Learn Tourism-sponsored contest or promotion, request customer support, or otherwise communicate with us.
Personal Information from your use of our Platform: We automatically collect certain information from your interactions with our Platform.
Usage Data. The Learn Tourism logs usage information when you visit and use our Platform. This information may include IP address, browser type, operating system, and other information about the use of our website, such as the pages you viewed, when you viewed them, and links that were clicked.
Cookies and Similar Technology. The Learn Tourism may collect information about you through the use of cookies and other similar technologies. Cookies are pieces of data in the form of text files that your browser stores on your hard drive and sends back to us when making requests, and similar technologies. For more information on our use of cookies and similar technologies, please refer to our Cookie Policy.
Approximate Location. We may receive and process information about your approximate location. For example, we may be able to determine your approximate location from your IP address and other information about you. The Learn Tourism does not ask for or track any precise location-based information.
Our primary purpose for using your personal information is to provide you with a smooth, efficient, and customized experience, for customer support, advertising and marketing communications, research and service development, and to keep our Platform and users safe and secure.
To provide and improve our services. We use personal information that we collect about you to allow you to access our Platform, to provide you with the services you request, and to improve and customize The Learn Tourism Services.
For customer support. We use personal information to investigate, respond to, and resolve customer queries, send you technical notices and security alerts, and provide other support and administrative services.
For advertising and marketing communications. We use personal information to develop targeted advertising both on and off our Platform about The Learn Tourism Services, and to communicate with you about our products, services, offers and promotions, including making recommendations about The Learn Tourism Services you may be interested in.
For research and service development. We use personal information to conduct market research and to develop new services in order to provide you with a better experience and to drive growth in our business.
For legal and security purposes. We use personal information to prevent, detect, investigate, and take measures against criminal activity, fraud, misuse of or damage to our Platform or network, and other threats and violations to The Learn Tourism’s or a third party’s rights.
The Learn Tourism only shares your personal information with third parties under the circumstances described below. We do not sell or otherwise disclose personal information we collect about you for monetary or other valuable consideration.
With Creators
When you participate in Creator Content, The Learn Tourism will share certain personal information about you (“Student Data”) with the Creator to allow the Creator to provide you with their services. The set of personal information that we share with Creators are limited to the following:
Account information, including your name and email address
Purchase information, including amount paid, your address, and other billing information (but never your complete card number, which we also don’t get)
IP address
Information about your participation in the Creator Content, including the Creator Content you enrolled in, lecture completion status, course progress, quiz results, and certificates
Any messages you exchange with the Creator through The Learn Tourism
The Learn Tourism will only provide Student Data to a Creator upon the purchase or enrollment of a Student in the Creator’s Content.
The Learn Tourism does not disclose any other types of personal information about Students to Creators. Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator or other users, which at all times shall be subject to the terms of this Privacy Policy and our Terms of Use.
With Students and Other Users
When you use The Learn Tourism Services to publish Creator Content, information contained in your Creator Content will be viewable to users who are given access to your Creator Content. For example, when you publish your bio on a sales page, personal information in your bio will be viewable to persons who visit your sales page.
Please keep in mind that all of the information that you share or content that you publish in your bio, posts, comments, or other public portions of our Platform becomes public information. Because this information is publicly available, we cannot control how others treat it. We ask you to exercise care in deciding what personal information you choose to share, and refrain from sharing your sensitive personal information and those of others.
With Integrated Services
When you choose to integrate third party services with our Platform, your personal information may be shared with these third parties. We recommend that you read the terms of use and privacy policies of those third party services to understand how they collect, use, and share your personal information.
With Your Consent
The Learn Tourism may send your personal information to a third party when you give us consent to do so or at your direction. For example, this may occur when we complete a transaction at your request.
With Service Providers
We may share personal information with vendors, consultants, payment processors, and other service providers that provide us with certain services and process personal information on our behalf. These services may include providing customer support, performing business and sales analysis, supporting our website functionality, facilitating payment processing, and supporting contests, surveys, and other features offered on our Platform.
These service providers are not permitted to use your personal information for any other purpose, and their use of such personal information will be subject to appropriate confidentiality and security measures.
With Business Partners
We sometimes partner with third parties to offer you events, promotions, contests and other programs. To participate in these offers, you may be required to provide your email address and other personal information. We will only share your email address and other personal information with a business partner when you expressly authorize us to do so.
With Advertising and Analytics Partners
We may share usage data with third-party advertisers, advertisement networks, and analytics providers through cookies and other similar technologies. These third parties may collect information sent by your computer, browser, or mobile device in response to a request for content, such as unique identifiers, your IP address, or other information about your computer or device. For more information on our use of cookies and similar technologies, please refer to our Cookie Policy.
With Affiliates
We may share personal information with our parent, affiliates, and other companies under common control and ownership, subject to the terms of this Privacy Policy.
We may also share your personal information in connection with a substantial corporate transaction, such as a sale of our business, a divestiture, merger, consolidation, or asset sale, in the event of bankruptcy, or in preparation for any of these events. Any other entity which buys us or becomes part of our business will have the right to continue to use your personal information, but only in the manner set out in this Privacy Policy unless you agree otherwise.
Legal Disclosures
The Learn Tourism may be required to disclose personal information if directed by a court of law or other governmental entity. Without limiting the foregoing, we reserve the right to disclose such information where we have a good faith basis to believe that such action is necessary to:
comply with applicable laws, regulations, court orders, government and law enforcement agencies’ requests
protect and defend The Learn Tourism’s or a third party’s rights and property, or the safety of The Learn Tourism, our users, our employees, or others
prevent, detect, investigate and take measures against criminal activity, fraud and misuse or unauthorized use of our Platform and/or to enforce our Terms of Use or other agreements or policies
To the extent permitted by law, we will attempt to give you prior notice before disclosing your information in response to such a request.
The Learn Tourism gives you choices with respect to our use of your personal information. These choices include accessing, updating, or deleting your personal information, as well as choosing what communications you would like to receive from us. Depending on your location, you may have additional rights related to your personal information (see the Jurisdiction Specific Provisions section below for more information about location-specific privacy rights).
You can also choose not to provide us with certain personal information, but that may result in you being unable to use certain features of our Platform because that information may be required for you to register for an account, purchase The Learn Tourism Services, enroll in Creator Content, participate in our promotional offerings, get customer support, or engage in other activities on our Platform.
Please note that in cases where you wish to exercise your data privacy rights with respect to personal information for which a Creator is the controller, you’ll need to directly contact the Creator to exercise your rights.
Please refer to the ‘Data Privacy Requests and Verification’ section below for information on how to make a data privacy request.
Accessing, Updating, and Deleting Your Personal Information
You can access and update certain personal information about you by visiting your Account Settings.
You can also submit a data privacy request to receive a copy of personal information that we hold about you, free of charge.
If you believe that any personal information we are holding about you is incorrect or incomplete, we will work with you to make corrections deemed necessary. Note that we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you’d like The Learn Tourism to delete your account or delete personal information it holds about you, you can submit a deletion request. Note that when we delete your account, personal information that you have shared with others (for example, through comments or an intake form) may still be visible. The Learn Tourism will also retain certain personal information about you where reasonably necessary to comply with our legal obligations or for our legitimate business purposes.
Data Privacy Requests and Verification
You can request to access, update, or delete your personal information by emailing us at [email protected] from the email address associated with your account.
If you would like to make a request under the privacy laws of your jurisdiction, please let us know where you reside and which rights you’d like to exercise. For more information about exercising your jurisdiction-specific privacy rights, please see section ‘Jurisdiction Specific Provisions’ below.
To protect your privacy, we need to verify your identity before we process your data privacy request. As part of this process, we will need to receive the request from you via the email address associated with your account. Depending on the nature of the request, we may also need to obtain additional information necessary for us to verify your identity.
You may designate an authorized agent to make a data privacy request on your behalf. To do so, we will need to receive written permission by you or a valid power of attorney, and we may also verify the validity of the request directly with you.
Controlling Promotional Communications
You can opt out of receiving some or all of our promotional communications through the unsubscribe link in the email or by emailing [email protected].
If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), please contact [email protected] to have us delete your account.
Please note that opting out of promotional email communications only affects future communications from us. If we have already provided your information to a third party (such as a credit card processing partner) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.
Controlling Cookies and Similar Technologies
Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies. Note, however, that deleting cookies or directing your browser to refuse them may limit your ability to use certain portions of our Platform that require cookies to function. For more information on our use of cookies and similar technologies and how you can opt out, please refer to our Cookie Policy.
Do Not Track Signals
Your browser may give you the option to send a “Do Not Track” instruction to websites you visit. However, since there is no accepted standard for how a website should respond to this instruction, we do not currently recognize or respond to these signals.
Users in the European Economic Area, UK, and Switzerland
Under the General Data Protection Regulation (GDPR) and other applicable laws, users in the European Economic Area (“EEA”), UK, and Switzerland have the right, under certain conditions, to request access to, rectification of, or erasure of their personal information; request restriction of processing; object to processing; withdraw consent from processing; and the right to data portability.
If you are in the EEA, UK and Switzerland and would like to exercise these rights, please email us at [email protected] pursuant to the ‘Data Privacy Requests and Verification’ section above. Please include the phrase “GDPR request” in the subject line and provide us with your mailing address and state of residence.
The Learn Tourism only collects and processes personal information about you where it has lawful bases for doing so. The specific legal basis applied to the processing will depend on the context in which the personal information is being processed, including the service used and the type of personal information involved.
The Learn Tourism uses the following legal bases for processing:
For the performance of a contract. We will process your personal information to fulfill our contractual obligations with you, such as to provide you with access to The Learn Tourism Services, to communicate with you regarding your use of The Learn Tourism Services, and to comply with our Terms of Use.
For legitimate interests. We will process your personal information for our legitimate interests or those of others (as long as the processing is not outweighed by your data protection interests). This includes but is not limited to, preventing fraud and other abuse, ensuring the security of our Platform, protecting our legal rights and interests, conducting market research and product development, and for marketing purposes.
To comply with legal obligations. We will process your personal information to comply with all applicable laws, regulations, court orders, and government and law enforcement agencies’ requests.
Consent. We will process your personal information when you have given us consent to do so, such as when you consent to receive certain communications from us.
If you’d like to withdraw your consent or object to our processing of your personal information, please contact [email protected].
If you believe that we have not adequately addressed your concerns or wish to report an alleged infringement of applicable data privacy laws, you may file a complaint with your local supervisory authority.
Users in California
This section provides details about rights California consumers may exercise under the California Consumer Privacy Act (CCPA) and other privacy and data protection laws, as applicable.
Under the CCPA, California consumers have the the following rights:
The right to request to know more about the categories and specific pieces of personal information that we have collected about them and how that information has been used over the past 12 months. They may also request a copy of this information, free of charge
The right to request that we delete personal information that we have collected about them, subject to certain exceptions
If a business sells personal information, the right to opt-out of the sale. At The Learn Tourism, we do not sell personal information that we collect about our users, as provided in the CCPA
The right not to be discriminated against if you choose to exercise any of these rights
Under California’s ‘Shine the Light’ law, California residents have the right to request certain information relating to personal information we have shared with third parties for those third parties’ direct marketing purposes. Note that we only share information with third parties for their direct marketing purposes when you request us to do so or you expressly consent to it.
If you are a California resident and would like to exercise your rights under the CCPA or California’s ‘Shine the Light’ law, email us at [email protected] pursuant to the ‘Data Privacy Requests and Verification’ section above. Please specify which privacy right you’re exercising in the subject line (for example ‘CCPA deletion request’) and provide us with your mailing address and state of residence.
Information Security
The Learn Tourism uses a range of physical, technical, and administrative security measures to protect your personal information. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of financial information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information. However, no method of data transmission or storage system is absolutely secure, and we cannot guarantee that your personal information will not be accessed, disclosed, altered, or destroyed in the event of a breach of any of our security measures.
Where we have given you (or where you have chosen) a password to access certain parts of our Platform, you are responsible for protecting this password and keeping it confidential. As the safety and security of your information also depends on the precautions you take, we ask you not to share your password with anyone. If you believe your password or the security of your account has been compromised, you should change your password immediately and contact [email protected] with any concerns.
Data Retention
We save personal information we collect for as long as it is necessary for the purposes for which the personal information is collected and processed. Generally, we will keep your personal information until your account is deleted, or as needed to provide you with our services. We will also retain certain personal information to comply with our legal obligations or for our legitimate business purposes.
International Transfers of Information
The Learn Tourism is based in the United States and it stores, processes, and transfers information in and to servers and databases located in the United States. It may also store, process, and transfer information in and to servers in other countries depending on the location of its affiliates and service providers.
If you use our Platform outside the United States, including in the EEA, UK, and Switzerland, your information will be transferred to, stored, and processed in the United States. By accessing our Platform or otherwise giving us information, you consent to the transfer of information to the United States and other countries outside your country of residence.
We rely on legal bases to transfer information outside of the EEA, UK, and Switzerland. For example, transfers involving personal information of Creators located outside the United States are necessary for the performance of the contract between The Learn Tourism and our Creators, as established in our Terms of Use. With respect to the processing of information by our service providers on our behalf, we take all necessary steps required under applicable law to ensure that their transfer of information across borders is compliant with applicable law. This may include the use of EU model clauses or ensuring that the recipient is certified under the US-EU Privacy Shield framework.
We take many steps to protect your privacy, including entering into a Data Processing Agreement with our Creators. If you’d like more information about the safeguards we have in place, please contact us at [email protected].
Third Parties and Other Personal Information Collectors
Except as otherwise expressly specified in this Privacy Policy, this document only addresses the use and disclosure of personal information The Learn Tourism collects from you. To the extent that you disclose your personal information to other parties through our Platform, whether between Creator and Student or with other users, different rules may apply to how they use and share your personal information. Accordingly, you will need to look at the privacy policies of these third parties to understand their data privacy practices.
As further explained in our Terms of Use, our Platform may include links to third party websites. We are not responsible for the content of such websites or the protection and privacy of any information which you provide while visiting those sites. We recommend that you exercise caution and review the privacy policies applicable to the websites in question.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of our Platform.
Changes to Our Privacy Policy
We encourage you to periodically review this Privacy Policy to stay informed about our privacy practices, as we may review and update our processes from time to time.
If we make a change that, in our sole discretion, is material, we will notify you through email, by posting a notification on our website, or as required by law. Unless otherwise stated, changes to this Privacy Policy will take effect immediately as of the date it is posted. By continuing to use our Platform after Privacy Policy changes go into effect, you agree to be bound by the revised Privacy Policy.
Contact Us
If you have questions or concerns regarding this Privacy Policy or The Learn Tourism’s handling of your personal information, or if you would like to exercise your rights described in this Privacy Policy, please contact us at:
The Learn Tourism, Inc.
8130 Lakewood Main Street – 103338
Lakewood Ranch, Florida 34202
Email: [email protected]
This Cookie Policy explains how Learn Tourism, Inc., learntourism.org, and our affiliated entities listed use cookies and similar technologies to recognise you when you visit our Websites (www.learntourism.org). It explains what these technologies are and why we use them, as well as your rights to control our use of them.
What are cookies?
A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information.
Cookies provide a convenience feature to save you time, or tell the Web server that you have returned to a specific page.
Cookies set by the website owner (in this case, Learn Tourism, Inc.) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognise your computer both when it visits the website in question and also when it visits certain other websites.
Why do we use cookies?
We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Websites and Subscription Service. For example, Learn Tourism, Inc. keeps track of the Websites and pages you visit within Learn Tourism, Inc., in order to determine what portion of the Learn Tourism, Inc. Website or Subscription Service is the most popular or most used. This data is used to deliver customized content and promotions within the Learn Tourism, Inc. Website and Subscription Service to customers whose behavior indicates that they are interested in a particular subject area. Third parties serve cookies through our Websites for advertising, analytics and other purposes. This is described in more detail below.
What types of cookies do we use and how do we use them?
The specific types of first and third party cookies served through our Websites and the purposes they perform. These cookies include:
Essential website cookies: These cookies are strictly necessary to provide you with services available through our Websites.
Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
Analytics and customisation cookies: These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective our marketing campaigns are, or to help us customise our Websites for you.
Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.
Social networking cookies: These cookies are used to enable you to share pages and content that you find interesting on our Websites through third party social networking and other websites. These cookies may also be used for advertising purposes too.
How can I control cookies?
You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate opt-out links provided below.
You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.
In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com. You may opt out by clicking: http://optout.aboutads.info/ or http://optout.networkadvertising.org/ (or if located in the European Union, by clicking here: http://www.youronlinechoices.eu/). Please note this does not opt you out of being served advertising. You will continue to receive generic advertisements.
Essential website cookies: Because these cookies are strictly necessary to deliver the Websites to you, you cannot refuse them. You can block or delete them by changing your browser settings however, as described above.
What about other tracking technologies, like web beacons?
Cookies are not the only way to recognise or track visitors to a website. We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage the Website and Subscription Service by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages or in emails and are about the size of the period at the end of this sentence. We use clear gifs or pixels in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. We tie the information gathered by clear gifs in emails to our customers’ Personal Information.
Do you use Flash cookies or Local Shared Objects?
The Adobe Flash Player (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your Web browser. This technology creates locally stored objects that are often referred to as “Flash cookies.” Learn Tourism, Inc. does not use Flash cookies. However, our customers of our software platform may create pages on the Learn Tourism, Inc. platform that employ Adobe Flash cookies. Learn Tourism, Inc. does not have access or control over our customers’ Flash cookies, but you may access your Flash management tools from Adobe’s website directly here.
Similarly, our customers may create pages using the Learn Tourism, Inc. Subscription Service that use technology from tracking utility companies, such as cookies and web beacons. The use of these technologies by our customers is not covered by our Cookie Policy or Privacy Notice. We do not have control over third party cookies or trackers our customers use.
Do you serve targeted advertising?
Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these.
How often will you update this Cookie Policy?
We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. We will notify you of any material changes to this Cookie Policy prior to the changes becoming effective by posting the changes on this page and providing a more prominent notice with on-site or email notifications. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.
The date at the top of this Cookie Policy indicates when it was last updated.
Where can I get further information?
If you have any questions about our use of cookies or other technologies, please email us at [email protected].
Our Acceptable Use Policy (AUP) prohibits use of the Learn Tourism, Inc. Service with content or in a manner that promotes, encourages, or facilitates: illegal activity, hate speech, violence, or discrimination based on race, color, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information and citizenship. In April 2020, we updated our AUP to add sexual orientation, marital status, gender or identity expression and parental status and any/or other characteristics protected by law; and in February 2021 we clarified that organizations or individuals who promote, encourage, or facilitate hate speech, violence, or discrimination, either through their own content or through distribution of user generated content, are prohibited from using the Learn Tourism, Inc. Service, regardless of whether the Learn Tourism, Inc. Service is used specifically for the prohibited activities.
We rely on our content moderation program to help us identify, review, and take action when Learn Tourism, Inc. users violate these restrictions in our AUP. As part of this program, we’ve developed an internal content policy and guidelines to help us ensure we’re enforcing our AUP equitably and uniformly across our entire customer base. We’ve also formed a multi-member Content Review Committee (CRC) composed of diverse leaders from different parts and locations of Learn Tourism, Inc., which is responsible for reviewing reports about Learn Tourism, Inc. users who engage in these activities, and determining what actions to take.
The Learn Tourism, Inc. content moderation program is intended to help us make decisions about certain users of our platform and the content we will allow (and not allow). It also helps us live up to our core values and principles as a company. It does not supplant the AUP or address other violations of the AUP – for example, we will still take action against illegal content, spammers, those abusing our platform, pornography, etc. under separate processes and guidelines.
Complaints regarding Learn Tourism, Inc. users may be provided by our employees, our customers or partners, or by anyone from the public. You may report content violations to us by sending an email to [email protected].
This Data Processing Agreement (“Agreement“) entered into by and between The Learn Tourism, Inc. (“The Learn Tourism” or “Us”) and you (“Creator” or “You“), is incorporated into and supplements our Terms of Use and Privacy Policy when Data Protection Laws apply to the processing of Student Data or Creator Data (as defined below).
When using Learn Tourism, Inc. Services (as defined in The Learn Tourism’s Terms of Use), a Creator may upload, submit, or otherwise provide content to the Learn Tourism, Inc. Platform (“Creator Content”). The Creator is the owner of their Creator Content, and the sole controller of any personal data included in their Creator Content (“Creator Data”). Learn Tourism, Inc. processes Creator Data on behalf of the Creator at the Creator’s direction.
To connect Creators and Students and enable Creators to provide services to their Students, Learn Tourism, Inc. provides Creators with access to a limited set of personal data of Students enrolled in their services (“Student Data”), as specified in our Privacy Policy. Learn Tourism, Inc. and Creators may each use Student Data for their own business purposes, at all times subject to the terms of this Agreement, our Terms of Use, and our Privacy Policy.
Terms used but not defined in this Agreement can be found in our Terms of Use. For the avoidance of doubt, this Agreement comprises this Data Processing Agreement, any appendices to it, and the Standard Contractual Clauses (where applicable, and as defined herein).
1. Definitions.
“Data Protection Laws” means all data protection laws and regulations applicable to the processing of Creator Data and Student Data, including, without limitation, the EU Data Protection Law.
“EU Data Protection Law” means all data protection laws and regulations applicable to the European Union, the European Economic Area (“EEA”), Switzerland, and the United Kingdom (“UK“), including (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR“); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) applicable national legislation implementing the GDPR and Directive 2002/58/EC; and (iii) with respect of the UK, any applicable national legislation that replaces the GDPR or any other law relating to data and privacy as a consequence of the UK leaving the European Union.
“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, consumer personal data transmitted, stored or otherwise processed.
“Standard Contractual Clauses” means the controller-to-processor contractual clauses issued by the European Commission in Decision 2010/87/EU, as may be amended from time to time by the European Commission.
“Sensitive Data” means (i) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (ii) credit or debit card number (other than the truncated (last four digits) of a credit or debit card); (iii) employment, financial, genetic, biometric or health information; (iv) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (v) account passwords; or (vi) other information that falls within the definition of “special categories of data” under applicable Data Protection Laws.
“Sub-Processor” means any entity engaged by Learn Tourism, Inc. to provide processing services in furtherance of The Learn Tourism’s processing of Creator Data.
The terms “personal data“, “controller“, “data subject“, “processor” and “processing” shall have the meaning given to them under Data Protection Laws, or if not defined thereunder, the GDPR, and “process“, “processes” and “processed” shall be interpreted accordingly.
1. Relationship between the Parties.
1.1. The parties acknowledge and agree that Creator is the controller and Learn Tourism, Inc. is a processor acting on behalf of Creator with respect to Creator Data, as further described in Schedule A of this Agreement.
1.2. The parties acknowledge and agree that Learn Tourism, Inc. and Creator each act as an independent controller with respect to their particular processing of Student Data. For the avoidance of doubt, Learn Tourism, Inc. and Creator are at all times independent controllers, not joint controllers, of Student Data.
2. Creator Obligations.
2.1. Creator shall (i) comply with all applicable laws, including but not limited to Data Protection Laws, in its use of Learn Tourism, Inc. Services and its own processing of Creator Data and Student Data, (ii) ensure that it has, and will continue to have, the right to transfer, or provide access to, Creator Data and Student Data to Learn Tourism, Inc. for processing in accordance with our Terms of Use and this Agreement, and (iii) be solely responsible for the accuracy, quality, and legality of Creator Data and the means by which Creator acquired Creator Data.
2.2. Creator Instructions. Creator appoints Learn Tourism, Inc. to process Creator Data on behalf of, and in accordance with, Creator’s documented instructions (i) as set forth in our Terms of Use and this Agreement; (ii) as necessary to comply with applicable law; and (iii) as otherwise agreed in writing by the parties. The parties agree that our Terms of Use and this Agreement constitute the Creator’s documented instructions to Learn Tourism, Inc. regarding the processing of Creator Data, and any processing outside the scope of these instructions shall require prior written agreement between the parties. Creator will ensure that Creator’s documented instructions relating to The Learn Tourism’s processing of Creator Data will not cause Learn Tourism, Inc. to violate any applicable laws, including Data Protection Laws.
2.3. Sensitive Data Prohibition. Creator acknowledges that Learn Tourism, Inc. Services are not intended for the processing of Sensitive Data and agrees that it will not provide (or cause to be provided) any Sensitive Data to Learn Tourism, Inc. for processing under this Agreement and our Terms of Use. Learn Tourism, Inc. will have no liability whatsoever for Sensitive Data, whether in connection with a Personal Data Breach or otherwise. For the avoidance of doubt, this Agreement will not apply to Sensitive Data.
3. The Learn Tourism’s Obligations as Processor of Creator Data.
3.1. Learn Tourism, Inc. shall process Creator Data in accordance with applicable Data Protection Laws and consistent with our Terms of Use, Privacy Policy and this Agreement. Learn Tourism, Inc. shall only process Creator Data in accordance with the Creator’s documented instructions, as outlined in Section 2.2.
3.2. Learn Tourism, Inc. shall notify the Creator if it becomes aware of, or reasonably believes that, a documented instruction from the Creator infringes upon Data Protection Laws.
3.3. Confidentiality. Learn Tourism, Inc. shall ensure that its employees, authorized agents, and any Sub-Processors authorized to process Creator Data have agreed to comply with confidentiality obligations with respect to Creator Data.
3.4. Assistance to Creator. Learn Tourism, Inc. shall, taking into account the nature of the processing and the information available to The Learn Tourism, provide reasonable assistance to Creator to enable Creator to comply with its obligations under applicable Data Protection Laws. Notwithstanding the foregoing, Creator agrees that it will not cause Learn Tourism, Inc. to process any personal data that presents a high risk to the rights and freedoms of data subjects.
Sub-Processors.
3.5.1. Creator hereby provides a general authorization to Learn Tourism, Inc. to engage Sub-processors for the processing of Creator Data. Learn Tourism, Inc. maintains a list of Sub-processors that Creator has authorized to process Creator Data available upon request. Creator consents to Learn Tourism, Inc. engaging additional or replacement Sub-processors to process Creator Data pursuant to this Agreement, provided that Learn Tourism, Inc. provides the Creator with its intent to engage a new or replacement Sub-processor. Learn Tourism, Inc. will provide its intent by updating the list of Sub-Processors, which shall contain a mechanism for Creator to subscribe to notifications of new or replaced Sub-processors. Creator shall, without undue delay, object to any changes with regards to added or replaced Sub-processors. The Creator understands and accepts that such objection may result in Learn Tourism, Inc. not being able to fulfill its obligations under our Terms of Use to the extent such obligations are related to the relevant Sub-processor.
3.5.2. Prior to the relevant Sub-Processor carrying out any processing activities in respect of Creator Data, Learn Tourism, Inc. shall enter into an agreement with the Sub-Processor containing data protection obligations that provide at least the same level of protection for Creator Data as those under this Agreement.
3.6 Deletion on Termination. Upon termination or expiration of this Agreement, Learn Tourism, Inc. shall (at the Creator’s election) return or delete all Creator Data in its possession or control, except that this requirement shall not apply to the extent Learn Tourism, Inc. is required to retain some or all of the Creator Data to comply with its legal obligations, or to Creator Data it has archived on backup systems, which Learn Tourism, Inc. shall protect from any further processing and eventually delete in accordance with The Learn Tourism’s data retention policies, except to the extent required by applicable law.
3.6.1. Creator acknowledges and agrees that Learn Tourism, Inc. will fulfill its obligations to return Creator Data under this section by providing Creator the opportunity to download and export Creator Content out of the Learn Tourism, Inc. Platform.
4. Data Subject Requests.
4.1. Creator Data. As part of Learn Tourism, Inc. Services, Learn Tourism, Inc. provides the Creator with a number of self-service features, including the ability to modify, delete, and restrict access to Creator Content, that Creator may use to assist in complying with its obligations under Data Protection Laws with respect to responding to requests from data subjects regarding Creator Data.
4.2. Student Data. Each party shall respond to data subject requests received by it concerning the processing of covered Student Data promptly and within the timeframes required by Data Protection Laws. In the event that Creator receives any data subject requests regarding Student Data, Creator will promptly (and in any event within three business days) notify Learn Tourism, Inc. and provide Learn Tourism, Inc. with a copy of the request.
4.3. Learn Tourism, Inc. shall, taking into account the nature of the processing, provide reasonable assistance to Creator to enable Creator to comply with its data protection obligations with respect to data subject requests.
5. Security and Compliance Rights
5.1. Security Measures. Taking into account the state of technical developments and the nature of processing, Learn Tourism, Inc. undertakes to establish and maintain appropriate technical and organizational measures in order to protect Creator Data against accidental, unauthorised, or unlawful destruction, loss, alteration, disclosure, or access, in accordance with The Learn Tourism’s security standards described in Schedule B (“Security Measures”).
5.2. Personal Data Breaches. In the event that Learn Tourism, Inc. becomes aware of a Personal Data Breach that affects Creator Data or Student Data, Learn Tourism, Inc. shall notify Creator without undue delay of the Personal Data Breach via the email address associated with the Creator’s primary owner account.
5.3. Compliance Obligations. In order to ensure compliance with the applicable Data Protection Laws, Learn Tourism, Inc. shall make available to the Creator information necessary to demonstrate compliance with the legal obligations related to the processing of Creator Data by Learn Tourism, Inc. on behalf of the Creator.
5.3.1. Learn Tourism, Inc. shall respond to all reasonable requests for information made by Creator to confirm The Learn Tourism’s compliance with this Agreement upon Creator’s written request to [email protected].
5.3.2. Upon written request, Learn Tourism, Inc. shall supply (subject to confidentiality protections) a summary copy of its most current audit report(s) (“Audit Report”) to Creator, so that Creator can verify The Learn Tourism’s compliance with the audit standards against which it has been assessed.
5.3.3.Should an audit be requested under applicable Data Privacy Laws to assess The Learn Tourism’s compliance with the terms of this Agreement, the parties shall select an accredited independent third-party audit firm that is mutually agreeable to both parties. Creator shall be responsible for all costs, fees, and expenses related to such audit. The scope of the audit shall be limited to The Learn Tourism’s compliance with Data Privacy Laws as applied under this Agreement. Notwithstanding the foregoing, the audit shall occur during regular business hours, with reasonable advance notice to The Learn Tourism, and subject to confidentiality protections. Creator may not audit Learn Tourism, Inc. more than once annually.
6. International Transfers
6.1. The Creator acknowledges and agrees that Learn Tourism, Inc. may transfer and process personal data in and to servers and databases located in the United States and anywhere else in the world where The Learn Tourism, its affiliates, or its Sub-Processors maintain their servers, provided that Learn Tourism, Inc. shall comply with the provisions of applicable Data Protection Laws relating to the transfer.
6.2. To the extent that Learn Tourism, Inc. transfers Creator Data protected by the European Data Protection Law, Learn Tourism, Inc. and Creator agree to abide by and process Creator Data in compliance with the Standard Contractual Clauses, which are incorporated in full by reference and form an integral part of this Agreement. For purpose of the Standard Contractual Clauses, Learn Tourism, Inc. agrees that (i) it is the “data importer” and Creator is the “data exporter” under the Standard Contractual Clauses (notwithstanding that Creator may itself be an entity located outside the EU); and (ii) Schedule A of this Agreement shall replace Appendixes 1 and 2 of the Standard Contractual Clauses, respectively. The parties further agree that the Standard Contractual Clauses will solely apply to Creator Data that is transferred via Learn Tourism, Inc. Services from the EEA, the UK, and/or Switzerland to outside the EEA, the UK, and Switzerland, either directly or via onward transfer, to any country or recipient not recognized by the European Commission as providing an adequate level of protection for personal data (as described in the European Data Protection Law).
6.3. The Creator acknowledges and agrees that Learn Tourism, Inc. shall be entitled to enter into Standard Contractual Clauses with any Sub-processor on behalf of the Creator.
7. Limitation of Liability
7.1. Except as otherwise required under Data Protection Laws, The Learn Tourism’s liability under this Agreement is limited to the extent and amount set out in our Terms of Use.
8. Jurisdiction Specific Terms
8.1. To the extent Learn Tourism, Inc. processes Creator Data originating from and protected by applicable Data Protection Laws in one of the jurisdictions listed in Schedule C, then the terms specified in Schedule C with respect to the applicable jurisdiction(s) (“Jurisdiction Specific Terms”) apply in addition to the terms of this Agreement. In case of any conflict or ambiguity between the Jurisdiction Specific Terms and any other terms of this Agreement, the applicable Jurisdiction Specific Terms will take precedence.
9. Miscellaneous
9.1. Superseding Agreement. Unless otherwise agreed to between the parties, Creator acknowledges and agrees this Agreement shall replace any existing data processing agreement or similar document that the parties may have previously entered into in connection with Learn Tourism, Inc. Services.
9.2. Severability. If any one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement, but this Agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this Agreement to be unreasonable.
9.3. Assignments. No one other than a party to this Agreement its successors and permitted assignees (as determined in our Terms of Use) shall have any right to enforce any of its terms.
9.4. Conflicts. In the event of any conflict or inconsistency between any of the terms of this Agreement and our Terms of Use, the provisions of the following documents (in order of precedence) shall prevail: (i) the Standard Contractual Clauses (where applicable); (ii) this Agreement; and (iii) our Terms of Use.
9.5. Updates. Learn Tourism, Inc. may update the terms of this Agreement from time to time, at its sole discretion, provided Learn Tourism, Inc. gives Creator reasonable advance notice of the update. Any additional amendments, change or alteration of this Agreement must be made in writing and duly signed by both Parties in order to become valid and effective.
9.6. Notices. Unless otherwise specified in this Agreement, each party giving notice or other communication required or permitted under this Agreement shall use one of the following methods of delivery: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), or email.
9.7. Headings. The descriptive headings of the sections and subsections of this Agreement are for convenience only, and do not affect this Agreement, construction or interpretation.
9.8. Gender/Plural. Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.
10. Governing law and Jurisdiction; Disputes and Arbitration dispute
10.1. Unless otherwise required by applicable Data Protection Laws, this Agreement shall be governed in accordance with the laws of the State of Florida without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the County of Broward in the State of Florida. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.
10.2. Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS. The arbitration will be conducted in Broward County, Florida, unless Creator and Learn Tourism, Inc. agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Schedule A: Details of Processing
The Learn Tourism’s Processing of Creator Data under this Agreement shall be in accordance with this Schedule A.
1.Subject matter of Processing: Creator Data, as defined in this Agreement.
2.Duration of the Processing: Learn Tourism, Inc. will store Creator Data in accordance with Section 3.6 of this Agreement (Term and Termination)
3.Nature and Purpose of the Processing: Learn Tourism, Inc. provides an open online content creation platform and additional services and tools to allow Creators to offer courses and other services to their Students. Creators may upload, submit, or otherwise provide Creator Content to the Learn Tourism, Inc. Platform in connection with their use of Learn Tourism, Inc. Services.
Learn Tourism, Inc. will process any personal data that is included in Creator Content (“Creator Data”) only in accordance with Creator’s documented instructions, including to (i) provide Learn Tourism, Inc. Services, in accordance with our Terms of Use; (ii) to comply with any other reasonable instructions provided by Creator that are consistent with our Terms of Use; and (iii) to comply with any applicable law.
4.Data Subjects and Categories of Personal Data
A Creator may upload, submit, or otherwise provide certain personal data to the Platform, the extent of which is typically determined and controlled by the Creator, in its sole discretion. The type of data subjects and categories of personal data included will depend on the nature of the Creator Content, and may include personal data about the Creator and/or third parties, such as biographical and contact information.
Schedule B: Security Measures
The Security Measures applicable to the Learn Tourism, Inc. Platform are described below (as updated from time to time in accordance with Section 5.1 of this Agreement).
Schedule C: Jurisdiction-Specific Terms
California:
The definitions of: “controller” includes “Business”; “Sub-Processor” includes “Service Provider”; “data subject” includes “Consumer”; “personal data” includes “Personal Information”; in each case as defined under the California Consumer Privacy Act (“CCPA“).
The Learn Tourism’s obligations regarding data subject requests, as described in Section 4 of this Agreement, apply to Consumers’ rights under the CCPA.
For this “California” section of Schedule C only, Creator’s documented instructions shall include, in addition to the purposes set out in Section 2.2, processing of Creator Data as may be permitted for “service providers” under CCPA.
Learn Tourism, Inc. agrees not to (i) sell (as defined by the CCPA) Creator Data or Student Data or (ii) retain, use, or disclose Creator Data outside of the scope of this Agreement and our Terms of Use.
This Learn Tourism, Inc. Acceptable Use Policy (“AUP”) applies to the use of any product, service or website provided by us (Learn Tourism, Inc.), whether we provide it directly or use another party to provide it to you (each, a “Learn Tourism, Inc. Service”). This AUP is designed to ensure compliance with the laws and regulations that apply to the Learn Tourism, Inc. Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the Learn Tourism, Inc. Service unless you agree to them. By using the Learn Tourism, Inc. Service, you are agreeing to these terms.
1. Reporting Suspected Violations
2. Prohibited Email Actions
3. Email Opt-Out Requirements
4. Telephone Marketing
5. No Disruption
6. Proper Usage of the Learn Tourism, Inc. Service
7. Restricted Industries
8. Learn Tourism, Inc. Trademark Use
9. Developer Terms
10. General Terms
If you are using any Learn Tourism, Inc. Service, this AUP applies to you. Every client of ours agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring. We may also suspend or terminate your use of Learn Tourism, Inc. Services pursuant to our Customer Terms of Service for violations of this AUP.
We periodically update these terms and we will let you know when we do through the Notification app in the Learn Tourism, Inc. portal used to access your Learn Tourism, Inc. subscription (if you have one), or by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.
We encourage recipients of email messages sent using the Learn Tourism, Inc. Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to [email protected]. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.
If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation of this AUP.
a. You may not use Learn Tourism, Inc. to send spam. Spam can be in the form of bulk email or one to one commercial emails.
Bulk email is spam when it is unsolicited. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages that have substantively similar content.
One-to-one commercial emails are spam when they violate CAN-SPAM. One-to-one commercial emails are also considered Spam if the data processed for purposes of sending that email is in scope of the General Data Protection Regulation (‘GDPR’) and you fail to provide notice to individuals and establish a lawful basis of processing.
You may not use the Learn Tourism, Inc. Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (a) spam in violation of the CAN-SPAM Act (referenced below) or any other law; (b) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry, (d) commercial electronic messages in violation of Canada’s Anti-Spam Legislation (referenced below), or (e) in violation of the General Data Protection Regulation (GDPR).
b. You may not use any misleading or false names, addresses, email address, or subject line.
Email sent, or caused to be sent to or through the Learn Tourism, Inc. Service may not: (a) use or contain invalid or forged headers; (b) use or contain invalid or non-existent domain names; (c) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (d) use other means of deceptive addressing; (e) use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; (f) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (g) use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.
If you use email, we recommend that you adopt the Messaging, Malware and Mobile Anti-Abuse Working Group (M3AAWG) Sender Best Communications Practices (BCP), which were created and agreed upon with collaborative input from both volume email senders and Internet Service Providers. The Sender Best Communications Practices document is available here. You will use commercially reasonable efforts to follow these practices.
c. You may not email purchased lists.
You are prohibited from using the Learn Tourism, Inc. Service to email: (a) purchased, rented, or borrowed lists, and (b) lists that are likely to result in an excessive number of unsubscribe requests or Spam complaints or notices, as determined by acceptable industry practices.
You warrant that each email you send or is sent for you using the Learn Tourism, Inc. Service will contain: (a) header information that is not false or misleading; and (b) an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information). These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, “do not call” and “do not send” requests.
You must comply with all laws relating to telephone marketing, including without limitation those specifically referenced in the ‘Proper Usage of Learn Tourism, Inc. Service’ section below. You must comply with all laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording. If you use the Learn Tourism, Inc. Service to place telephone calls, you must also comply with all applicable industry standards, including those applicable guidelines published by the CTIA and the Mobile Marketing Association. You are prohibited from using or permitting access to use the Learn Tourism, Inc. Service to make emergency calls or to provide or seek emergency services.
You agree not to:
(a) use the Learn Tourism, Inc. Service in a way that impacts the normal operation, privacy, integrity or security of another’s property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations;
(b) use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;
(c) use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Subscription Service;
(d) attempt to gain unauthorized access to the Subscription Service;
(e) access the Subscription Service other than through our interface;
(f) use the Learn Tourism, Inc. Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so; or
(g) use the Learn Tourism, Inc. Service in a way that causes or may cause any Learn Tourism, Inc. IP addresses, Learn Tourism, Inc. domains, or Learn Tourism, Inc. customer domains to be blacklisted.
Examples of prohibited actions include (without limitation) include hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program.
These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
You will respect the limits that apply to your use the Learn Tourism, Inc. Service as specified in the Product and Services Catalog (the “Service Limits”). We may update or change these Service Limits by updating Product and Services Catalog, so we encourage you to review this page periodically.
In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Learn Tourism, Inc. Service with content, or in a manner that:
is threatening, abusive, harassing, stalking, or defamatory;
is deceptive, false, misleading or fraudulent;
is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
contains vulgar, obscene, indecent or unlawful material;
infringes a third party’s intellectual property right(s);
publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
restricts or inhibits any other user of the Learn Tourism, Inc. Service from using and enjoying our website and/or the Learn Tourism, Inc. Service;
harvests or otherwise collects information about others, including e-mail addresses, without their consent;
violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
is legally actionable between private parties;
is not a good faith use of the service, such as uploading Contacts in excess of your Contact tier, emailing those Contacts and then purging them shortly thereafter; and/or
is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), Japan’s Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of April 17, 2002) and any regulations having the force of law or laws in force in your or your email recipient’s country of residence;
encourages, promotes, facilitates or instructs others to engage in illegal activity;
promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.
Organizations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user generated content, are prohibited from using the Learn Tourism, Inc. Service, regardless of whether the Learn Tourism, Inc. Service is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the Learn Tourism, Inc. Service.
You are responsible for moderating user generated content or user activity on your platform or service. User generated content that violates these standards may result in termination of your use of the Learn Tourism, Inc. Service.
If you use any of our developer tools including Application Programming Interfaces (APIs), developer tools, or associated software, you will comply with our Developer Terms.
You will use the Learn Tourism, Inc. Service for your internal business purposes and will not: (i) willfully tamper with the security of the Learn Tourism, Inc. Service or tamper with our customer accounts; (ii) access data on the Learn Tourism, Inc. Service not intended for you; (iii) log into a server or account on the Learn Tourism, Inc. Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Learn Tourism, Inc. Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Learn Tourism, Inc. Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Learn Tourism, Inc. Service or make the Learn Tourism, Inc. Service available to a third party other than as contemplated in your subscription to the Learn Tourism, Inc. Service; (vii) use the Learn Tourism, Inc. Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Learn Tourism, Inc. Service without our prior written consent.
Some industries have higher than average abuse complaints, which can directly impact our ability to provide the Learn Tourism, Inc. Service to other customers. To protect our customers, we reserve the right to discontinue your use of the Learn Tourism, Inc. Services if you are in one of these industries. Some examples include:
Cryptocurrency
Escort and dating services
Pharmaceutical products
Work from home, make money online, and lead generating opportunities
Gambling services or products
Multi-level marketing or affiliate marketing
List brokers or list rental services
Selling ‘Likes’ or followers for a social media platform
Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the Learn Tourism, Inc. Service, or any identifier or tag generated by the Learn Tourism, Inc. Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.
If you use any of our developer tools including Application Programming Interfaces (APIs), developer tools, or associated software, you will comply with our Developer Terms.
We may immediately suspend your access to the Learn Tourism, Inc. Service if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this AUP. We may also suspend your access as we explain in our Customer Terms of Service and, if you breach this AUP, we may terminate your subscription agreement for cause. You acknowledge we may disclose information regarding your use of any Learn Tourism, Inc. Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.
We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.
We may update and change any part or all of this AUP. If we update or change this AUP, the updated AUP will be posted. If you have a Learn Tourism, Inc. subscription, we will we will let you know through the Notification app in the Learn Tourism, Inc. portal used to access your Learn Tourism, Inc. subscription. If you do not have a Learn Tourism, Inc. subscription, we will let you know by posting the revised copy on our website. When we change this AUP, the “Last Modified” date will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.
Updated: Sept 2024
PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.
Our Customer Terms of Service is a contract that governs our customers’ use of the Learn Tourism, Inc. services. It consists of the following documents:
Master Terms: These contain the core legal and commercial terms that apply to your subscription
Product Specific Terms: These include any additional terms that apply to your use of each of our product offerings, our consulting and other services and third party services.
Data Processing Agreement (DPA): This explains how we process your data and includes the EU Standard Contractual Clauses.
Acceptable Use Policy (AUP): This is the definitive rulebook setting out what you can and can’t do while using our products and services.
Your Order Form (sometimes referred to as “Quote” or “Scope of Work”) is the Learn Tourism, Inc.-approved form created following your purchase of one of our products or services, including through our online payment process or via in-app purchase. It contains all of the details about your purchase, including your subscription term, products/services purchased and your fees.
We’ve aimed to keep these documents as readable as possible, but in some cases for legal reasons, some of the language is necessarily “legalese”. By using the Subscription Service or receiving the Consulting Services, you are agreeing to these terms.
We update these terms from time to time. If you have an active Learn Tourism, Inc. subscription, we will let you know when we update the terms via in-app notification or by email (if you subscribe to receive email updates).
Last modified April 28, 2022
Definitions
Use of Services
Fees
Term & Termination
Customer Data
Intellectual Property
Confidentiality
Publicity
Indemnification
Disclaimers and Liability
Miscellaneous
Appendix 1: Additional Coverage Terms
Appendix 2: U.S. Government Customer Additional Terms
1. DEFINITIONS
“Add-Ons” means additional product enhancements (including limit increases, capacity packs, and other add-ons) that are made available for purchase and are listed in the ‘Add-Ons and Technical Limits’ section of our Products and Services Catalog.
“Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Agreement” or “Customer Terms of Service” means these Master Terms and all materials referred or linked to in here.
“Billing Period” means the period for which you agree to prepay fees under an Order Form. This may be the same length as the Subscription Term specified in the Order Form, or it may be shorter. For example, if you subscribe to the Subscription Service for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.
“Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential. Confidential Information includes all information concerning: the Disclosing Party’s customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. Subject to the foregoing exclusions, Customer Data will be considered Confidential Information under this Agreement regardless of whether or not it is designated as confidential.
“Contact” means a single individual (other than a User) whose Contact Information is stored by you in the Subscription Service.
“Contact Information” means the name, email address, phone number, online user name(s), telephone number, and similar information submitted by visitors to your landing pages on the Subscription Service or uploaded by you to the Subscription Service.
“Consulting Services” means the professional services provided to you by us, which may include training services, installation, integration or other consulting services.
“Customer Data” means all information that you submit or collect via the Subscription Service. Customer Data does not include Learn Tourism, Inc. Content.
“Customer Materials” means all materials that you provide or post, upload, input or submit for public display through the Subscription Service.
“DPA” means the Learn Tourism, Inc. Data Processing Agreement at https://knowledge.learntourism.org/dpa.
“Free Services” means the Subscription Service or other products or features made available by us to you on an unpaid trial or free basis.
“Learn Tourism, Inc. Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Consulting Services, including Enrichment Data (as defined in the Product Specific Terms).
“Order” or “Order Form” means the Learn Tourism, Inc.-approved form or online subscription process by which you agree to subscribe to the Subscription Service and purchase Consulting Services.
“Personal Data” means any information relating to an identified or identifiable individual where such information is contained within Customer Data and is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws (as defined in the DPA).
“Product and Services Catalog” means Learn Tourism, Inc.’s Product and Services Catalog, as updated by us from time-to-time.
“Product Specific Terms” means the additional product-related terms that apply to your use of Learn Tourism, Inc. products, our consulting services and Third party Services. These terms form part of the Agreement and can be found online.
“Sensitive Information” means credit or debit card numbers; financial account numbers or wire instructions; government issued identification numbers (such as Social Security numbers, passport numbers), biometric information, personal health information (or other information protected under any applicable health data protection laws), personal information of children protected under any child data protection laws, and any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable law relating to privacy and data protection.
“Subscription Fee” means the amount you pay for the Subscription Service.
“Subscription Service” means all of our web-based applications, tools and platforms that you have subscribed to under an Order Form or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via http://learntourism.org or another designated URL, and any ancillary products and services, including website hosting, that we provide to you.
“Subscription Term” means the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s), and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
“Third-Party Products” means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service. These products and services include non-Learn Tourism, Inc. apps available from, for example, our marketplaces, directories, and links made available through the Subscription Service and non-Learn Tourism, Inc. services listed on services.Learn Tourism, Inc..com.
“Third-Party Sites” means third-party websites linked to from within the Subscription Service, including Communications Services.
“Total Committed Subscription Value” means the aggregate amount of Subscription Fees paid or payable to us during your then-current Subscription Term(s) for all of your Learn Tourism, Inc. accounts, but this amount excludes fees for renewals, Consulting Services and applicable taxes.
“Users” means your employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.
“Learn Tourism, Inc.”, “we”, “us” or “our” means the applicable contracting entity as specified in the ‘Contracting Entity and Applicable Law’ section.
“You”, “your” or “Customer” means the person or entity using the Subscription Service or receiving the Consulting Services and identified in the applicable account record, billing statement, online subscription process, or Order Form as the customer.
2. USE OF SERVICES
2.1 Access. During the Subscription Term, we will provide your Users access to use the Subscription Service as described in this Agreement and the applicable Order. You must ensure that all access, use and receipt by your Users is subject to and in compliance with this Agreement. We may also provide your Users access to use our Free Services at any time by activating them in your Learn Tourism, Inc. account. We might provide some or all elements of the Subscription Service through third party service providers. You may provide access and use of the Subscription Service to your Affiliate’s Users or allow them to receive the Consulting Services purchased under this Order; provided that, all such access, use and receipt by your Affiliate’s Users is subject to and in compliance with the Agreement and you will at all times remain liable for your Affiliates’ compliance with the Agreement.
2.2 Additional Features. You may subscribe to additional features of the Subscription Service by placing an additional Order or activating the additional features from within your Learn Tourism, Inc. account (if this option is made available by us.). This Agreement will apply to all additional Order(s) and all additional features that you activate from within your Learn Tourism, Inc. account.
2.3 Service Uptime Commitment. For details of Learn Tourism, Inc.’s Service Uptime Commitment, please see the Product Specific Terms.
2.4 Limits. The limits that apply to you will be specified in your Order Form, this Agreement or in our Product and Services Catalog, and for our Free Subscriptions, these limits may also be designated only from within the product itself. For further information on the limits that apply to your subscription, please refer to the Product Specific Terms.
You must be 18 years of age (or 20 years of age, if you are subject to the laws of Japan) or older to use the Subscription Service.
2.5 Downgrades. Depending on your Learn Tourism, Inc. product, you may be entitled to downgrade your subscription. For further information on the downgrade terms that apply to your subscription, please refer to the Product Specific Terms.
2.6 Modifications. We modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience. For further information on our modification rights that apply to your subscription, please refer to the Product Specific Terms.
2.7 Customer Support. For information on the customer support terms that apply to your subscription, please refer to the Product Specific Terms.
2.8 Acceptable Use. You will comply with our Acceptable Use Policy at learntourism.org (“AUP”).
2.9 Prohibited and Unauthorized Use. You will not use the Subscription Service in any way that violates the terms of the AUP or for any purpose or in any manner that is unlawful or prohibited by this Agreement.
You may not use the Subscription Service if you are legally prohibited from receiving or using the Subscription Service under the laws of the country in which you are resident or from which you access or use the Subscription Service.
The Subscription Service is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA), so you may not use the Subscription Service where your communications would be subject to such laws. You may not use the Subscription Service in a way that would violate the Gramm-Leach-Bliley Act (GLBA). Nothing contained in this section limits the usage restrictions specific to Sensitive Information under the Agreement.
You will notify us promptly of any unauthorized use of your Users’ identifications and passwords or your account by following the instructions at http://learntourism.org.
2.10 No Sensitive Information. YOU ACKNOWLEDGE THAT THE SUBSCRIPTION SERVICES HAVE NOT BEEN DESIGNED TO PROCESS OR MANAGE SENSITIVE INFORMATION AND ACCORDINGLY YOU AGREE NOT TO USE THE SUBSCRIPTION SERVICE TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. WE WILL NOT HAVE AND WE SPECIFICALLY DISCLAIM ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SUBSCRIPTION SERVICE TO COLLECT, PROCESS OR MANAGE SENSITIVE INFORMATION.
2.11 Customer Responsibilities. To realize the full value of the Subscription Service and Consulting Services, your participation and effort are needed. Resources that may be required from you include a project manager, one or more content creators, a sales sponsor, an executive sponsor and a technical resource (or equivalent). Responsibilities that may be required include planning of marketing programs; setting of a content creation calendar; creating blog posts, social media content, Calls-To-Action (CTAs), downloads, emails, nurturing content, and other materials; acting as internal liaison between sales and marketing; providing top level internal goals for the use of the Subscription Service; attending regular success review meetings; and supporting the integration of the Subscription Service with other sales and marketing systems.
2.12 Free Trial. If you register for a free trial, we will make the applicable Subscription Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period (if not terminated earlier) or (b) the start date of your paid subscription. Unless you purchase a subscription to the applicable Subscription Service before the end of the free trial, all of your data in the Subscription Service may be permanently deleted at the end of the trial, and we will not recover it. If we include additional terms and conditions on the trial registration web page, those will apply as well.
2.13 Legacy Products. If you have a legacy Learn Tourism, Inc. product, some of the features and limits that apply to that product may be different than those that appear in these Master Terms, Product Specific Terms and/or the Product and Services Catalog. If you have legacy Learn Tourism, Inc. products, we may choose to move you to our then-current products at any time. If you determine that you are using a legacy product and would like to upgrade to a current-version, you must execute a new Order.
3. FEES
3.1 Subscription Fees. The Subscription Fee will remain fixed during the initial term of your subscription unless (i) you exceed your User or other applicable limits (see the ‘Limits’ section above), (ii) you upgrade products or base packages, (iii) you subscribe to additional features or products, or (iv) otherwise agreed to in your Order. We may also choose to decrease your fees upon written notice to you. You can find all the information about how your fees may be otherwise adjusted in Product Specific Terms.
3.2 Fee Adjustments at Renewal. Upon renewal, we may increase your fees up to our then-current list price set out in our Product and Services Catalog. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next renewal term. If you do not agree to this increase, either party can choose to terminate your subscription at the end of your then-current term by giving the notice required in the ‘Notice of Non-Renewal’ section below.
3.3 Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
3.4 Payment against invoice. If you are paying by invoice, we will invoice you no more than forty-five (45) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form.
3.5 Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your Learn Tourism, Inc. account. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term. If you are a Learn Tourism, Inc. Solutions Partner that purchases on behalf of a client, you agree to be responsible for the Order Form and to guarantee payment of all fees.
3.6 Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you do not provide us with a VAT registration number prior to your transaction being processed, we will not issue refunds or credits for any VAT that was charged. If you are subject to GST, all fees are exclusive of GST. If you are located in Canada, all fees are exclusive of GST, PST and HST.
3.7 Withholding Tax. If you are required to deduct or withhold tax from payment of your Learn Tourism, Inc. invoice, you may deduct this amount from the applicable Subscription Fee due to the extent it is due and payable as assessed withholding tax required under laws that apply to you (the “Deduction Amount”).
You will not be required to repay the Deduction Amount to us, provided that you present us with a valid tax receipt verifying payment of the Deduction Amount to the relevant tax authority within ninety (90) days from the date of the invoice. If you do not provide this tax receipt within the specified time period, then all fees, inclusive of the Deduction Amount, will be immediately due and payable, and failure to pay these fees may result in your account being suspended or terminated for non-payment.
4. TERM AND TERMINATION
4.1 Term and Renewal. Your initial subscription term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the subscription term, or one year.
4.2 Notice of Non-Renewal. Unless otherwise specified in your Order, to prevent renewal of your subscription, you or we must give written notice of non-renewal. The deadline for sending this notice varies depending on the Learn Tourism, Inc. product and edition you have subscribed to. For more information on non-renewal notice periods, please see the Product Specific Terms.
If you decide not to renew, you may send this non-renewal notice to us by indicating that you do not want to renew by turning auto-renew off by accessing the billing details information in your Learn Tourism, Inc. account, or by following the steps, as applicable.
4.3 Early Cancellation. You may choose to cancel your subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term. See the ‘Notice of Non-Renewal’ section for information on how to cancel your subscription.
4.4 Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors.
We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
4.5 Suspension
4.5.1 Suspension for Prohibited Acts
We may suspend any User’s access to any or all Subscription Services without notice for:
(i) use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement,
(ii) use of the Learn Tourism, Inc. email send service that results in excessive hard bounces, SPAM complaints via feedback loops, direct spam complaints (to our abuse desk), or requests for removal from a mailing list by recipients, or
(iii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.
We may, without notice, review and delete any Customer Data or Customer Materials that we determine in good faith violate these terms or the AUP, provided that, we have no duty (unless applicable laws or regulations provide otherwise) to prescreen, control, monitor or edit your Customer Data or Customer Materials.
4.5.2 Suspension for Non-Payment
We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services ten (10) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a reactivation fee to reinstate the Subscription Service.
4.5.3 Suspension for Present Harm
If your content, or use of, the Subscription Service:
(i) is being subjected to denial of service attacks or other disruptive activity,
(ii) is being used to engage in denial of service attacks or other disruptive activity,
(iii) is creating a security vulnerability for the Subscription Service or others,
(iv) is consuming excessive bandwidth, or
(v) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Subscription Service.
We will make commercially reasonable efforts to (a) limit the suspension to the affected portion of the Subscription Service and (b) promptly resolve the issues causing the suspension of the Subscription Service. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
4.5.4 Suspension and Termination of Free Services
We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.
4.6 Effect of Termination or Expiration. If your paid subscription is terminated or expires, we will continue to make available to you our Free Services provided however, this may not be the case if your Agreement was terminated for cause.
You will continue to be subject to this Agreement for as long as you have access to a Learn Tourism, Inc. account.
Upon termination or expiration of this Agreement, you will stop all use of the Subscription Service and Learn Tourism, Inc. Content. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. If we terminate this Agreement for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.
5. CUSTOMER DATA
5.1 Customer’s Proprietary Rights. You own and retain all rights to the Customer Materials and Customer Data. This Agreement does not grant us any ownership rights to Customer Materials or Customer Data. You grant permission to us and our licensors to use the Customer Materials and Customer Data only as necessary to provide the Subscription Service and Consulting Services to you and as otherwise permitted by this Agreement. If you are using the Subscription Service or receiving Consulting Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so.
5.2 Limits on Learn Tourism, Inc.. We will not use Customer Data to contact any individual or company except as you direct or otherwise permit. We will use Customer Data only in order to provide the Subscription Service and Consulting Services to you and only as permitted by applicable law and this Agreement.
5.3 Data Practices and Machine Learning.
5.3.1 Usage Data. We may collect information about you and your Users when you interact with the Subscription Service as permitted by the Agreement. We may aggregate and anonymize this information and share it with third parties provided that we do not include any Customer Data or identify Users.
5.3.2 Machine Learning. We may, as permitted by this Agreement, use Customer Data in an anonymized manner for machine learning to support certain product features and functionality within the Subscription Service.
For more information on these practices please see the ‘Usage Data’ section of our Privacy Policy.
5.4 Protection of Customer Data. The terms of the DPA are hereby incorporated by reference and will apply to the extent any Customer Data includes Personal Data. The DPA sets out how we will process Personal Data on your behalf in connection with the Subscription Services provided to you under this Agreement. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Personal Data as described in the DPA, including our security measures in Annex 2 of our DPA.
5.5 Regional Data Hosting. We will store your Customer Data in a specific location or geographical region (e.g. North America or Europe) as part of your subscription subject to the terms of this Agreement and our Regional Data Hosting Policy.
5.6 Customer Data Transfers. We and our Affiliates may transfer Customer Data (including Personal Data) to the United States in connection with the Subscription Service. To the extent we process Personal Data from the European Economic Area, the United Kingdom and/or Switzerland or Personal Data that is subject to the protection of European Data Protection Laws (as defined in the DPA) our Swiss-U.S. Privacy Shield and/or the Standard Contractual Clauses will apply, as set out in our DPA. For more information on the Swiss-U.S. Privacy Shield Framework, see our Privacy Policy. Although Learn Tourism, Inc. Inc. no longer relies on the Privacy Shield as a legal basis for transfers of Personal Data, Learn Tourism, Inc. Inc. will process European Data in compliance with the Privacy Shield Principles for as long as Learn Tourism, Inc., Inc. is Privacy Shield certified.
5.7 Retention, Deletion and Retrieval of Customer Data. For information regarding the retention and deletion of Customer Data, please see the ‘Learn Tourism, Inc. Obligations’ section of our DPA. You can learn more about your right to retrieve Customer Data from your Learn Tourism, Inc. account in the ‘Retrieval of Customer Data’ sections as specified in our Product Specific Terms.
6. INTELLECTUAL PROPERTY
6.1 This is an agreement for access to and use of the Subscription Service, and you are not granted a license to any software by this Agreement. The Subscription Service and Consulting Services are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Learn Tourism, Inc. Content, the Subscription Service, or the Consulting Services in whole or in part, by any means, except as expressly authorized in writing by us. Our trademarks include, but aren’t limited to, those listed at http://knowledge.learntourism.org (which we may update at any time without notice to you) and you may not use any of these without our prior written permission.
6.2 We encourage all customers to comment on the Subscription Service or Consulting Services, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Subscription Service or Consulting Services, without payment or attribution to you.
7. CONFIDENTIALITY
7.1 The Receiving Party will: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party (except those third party service providers used by us to provide some or all elements of the Subscription Service or Consulting Services and except for your Learn Tourism, Inc. Solutions Partner bound by confidentiality obligations), and (iv) limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
7.2 The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process; provided, however, that (i) the Receiving Party will provide the Disclosing Party with prompt notice of any request that it disclose Confidential Information, sufficient to allow the Disclosing Party to object to the request and/or seek an appropriate protective order or, if such notice is prohibited by law, the Receiving Party will disclose the minimum amount of Confidential Information required to be disclosed under the applicable legal mandate; (ii) the Receiving Party will refer the request to the Disclosing Party and will provide reasonable assistance to the Disclosing Party, at the Disclosing Party’s cost, in opposing such disclosure or seeking a protective order, unless the Receiving Party is explicitly prohibited from doing so by law or court order; and (iii) in no event will the Receiving Party disclose Confidential Information to a party other than a government agency except under a valid order from a court having jurisdiction requiring the specific disclosure.
8. PUBLICITY
You grant us the right to add your name and company logo to our customer list and website. You can opt-out of this use.
9. INDEMNIFICATION
You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of
(a) unauthorized or illegal use of the Subscription Service by you or your Affiliates,
(b) your or your Affiliates’ noncompliance with or breach of this Agreement,
(c) your or your Affiliates’ use of Third-Party Products, or
(d) the unauthorized use of the Subscription Service by any other person using your User information.
We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You will not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
10. DISCLAIMERS; LIMITATION OF LIABILITY
10.1 Performance Warranty. We warrant that: (i) the Subscription Service and Consulting Services will be provided in a manner consistent with generally accepted industry standards, and (ii) we will not knowingly introduce any viruses or other forms of malicious code into the Subscription Service; provided however, this warranty will not apply to you if you only use the Free Services.
In the event of non-conformance with this warranty, we will use commercially reasonable efforts to correct such non-conformance. If we cannot correct such non-conformance within sixty (60) days from the date when you notified us of the non-conformity (the “Remedy Period”), then either party may terminate this Agreement by providing the other party written notice within thirty (30) days after the end of the Remedy Period. If you terminate the Agreement for this reason, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination.
We will not have any obligation or liability under this section if the non-conformance is caused by or based on: (i) any combination of the Subscription Service with any hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification of the Subscription Service by us in accordance with specifications or instructions that you provided, or (iii) use of the Subscription Service in violation of or outside the scope of this Agreement.
THIS SECTION STATES OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM PROVIDED FOR UNDER THIS SECTION.
10.2 Disclaimer of Warranties. EXCEPT AS SET FORTH IN THE ‘PERFORMANCE WARRANTY’ SECTION AND WITHOUT LIMITING OUR OBLIGATIONS IN THE ‘PROTECTION OF CUSTOMER DATA’ SECTION OF THIS AGREEMENT, WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF THE SUBSCRIPTION SERVICE, DATA SYNCHED TO OR MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE, Learn Tourism, Inc. CONTENT, OR THE CONSULTING SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE, Learn Tourism, Inc. CONTENT AND CONSULTING SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SUBSCRIPTION SERVICE AND THE CONSULTING SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10.3 No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY; PROVIDED THAT, THIS LIMITATION WILL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES.
10.4 Limitation of Liability. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, THIS LIMITATION WILL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS.
10.5 Third Party Products. WE AND OUR AFFILIATES DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
10.6 Agreement to Liability Limit. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE TO YOU.
10.7 Additional Coverage Terms. If your Total Committed Subscription Value exceeds thirty-five thousand U.S. dollars (USD$35,000), then the Learn Tourism, Inc. Additional Coverage Terms available at Appendix 1 to these Master Terms will apply. If these terms apply to you, then they are incorporated into the Agreement.
11. MISCELLANEOUS
11.1 Amendment; No Waiver.
We may modify any part or all of the Agreement by posting a revised version at http://learntourism.org/legal-stuff. The revised version will become effective and binding the next business day after it is posted. We will provide you notice of this revision by email or in-app notification.
If you do not agree with a modification to the Agreement, you must notify us in writing within thirty (30) days after we send notice of the revision. If you give us this notice, then your subscription will continue to be governed by the terms and conditions of the Agreement prior to modification until your next renewal date, after which the current terms posted at http://learntourism.org/legal-stuff will apply. However, if we can no longer reasonably provide the subscription to you under the terms prior to modification (for example, if the modifications are required by law or result from general product changes), then the Agreement and/or affected Subscription Services will terminate upon our notice to you and we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination.
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
11.2 Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
11.3 Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
11.4 Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
11.5 Compliance with Laws. We will comply with all U.S. state and federal laws (where applicable) in our provision of the Subscription Service, the Consulting Services and our processing of Customer Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
We will comply with our Code of Business Conduct and Ethics (a/k/a our Code of Use Good Judgment). You will comply with all laws in your use of the Subscription Service and Consulting Services, including any applicable export laws.
You must comply with all applicable laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury in your use and receipt of the Subscription Service and Consulting Services.
You will not directly or indirectly export, re-export, or transfer the Subscription Service or Consulting Services to prohibited countries or individuals or permit use of the Subscription Service or Consulting Services by prohibited countries or individuals.
11.6 Severability. If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by 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 this Agreement will continue in effect.
11.7 Notices. To Learn Tourism, Inc.: Notice will be sent to the contact address set forth in the Jurisdiction Specific Terms, and will be deemed delivered as of the date of actual receipt.
To you: your address as provided in our Learn Tourism, Inc. Subscription account information for you. We may give electronic notices by general notice via the Subscription Service and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you or through the notifications center of the Subscription Service. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your account information current.
11.8 Entire Agreement. This Agreement (including each Order), along with our Privacy Policy is the entire agreement between us for the Subscription Service and Consulting Services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the Subscription Service or dependent on any oral or written public comments made by us regarding future functionality or features of the Subscription Service. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.
11.9 Assignment. You will not assign or transfer this Agreement without our prior written consent, except that you may assign this Agreement to a successor by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, provided such successor is not a competitor of ours. We may assign this Agreement to any Learn Tourism, Inc. affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
11.10 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or will confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
11.11 Contract for Services. This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, will not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement or the rights and obligations of the parties under this Agreement.
11.12 Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms. You further warrant and represent that you have the authority to procure your Affiliates compliance with the terms of this Agreement.
11.13 Insurance. During the term of this Agreement, we will, at our own cost and expense, obtain and maintain in full force and effect, with reputable insurers having A.M. best ratings of at least A (VII) or better, liability insurance with coverage and minimum limits of liability as follows: (i) Commercial General Liability Insurance (Primary & Umbrella) or equivalent, with minimum limits of $1,000,000 Each Occurrence and $1,000,000 Aggregate; (ii) Workers’ Compensation & Employers Liability Insurance (as required by the state), with minimum limits of $500,000 Each Accident, $500,000 Disease-Policy Limit and $500,000 Disease-Each Employee; (iii) Professional Liability (cyber/errors and omissions liability insurance), with a limit of $1,000,000; and (iv) Umbrella/Excess Liability Insurance, with a minimum limit of $1,000,000.
11.14 U.S. Government Entities. If you are a U.S. local, state or federal government entity, then the Learn Tourism, Inc. Government Customer Additional Terms available at Appendix 2 to these Master Terms will apply to your Agreement. If these terms apply to you, then they are incorporated into the Agreement and will control in the event of any conflict with the Agreement.
11.15 Survival. The following sections will survive the expiration or termination of this Agreement: ‘Definitions’, ‘Fees’, ‘Prohibited and Unauthorized Use’, ‘Early Cancellation’, ‘Termination for Cause’, ‘Suspension for Prohibited Acts’, ‘Suspension for Non-Payment’, ‘Suspension for Present Harm’, ‘Suspension and Termination of Free Services’, ‘Effect of Termination or Expiration’, ‘Intellectual Property’, ‘Customer’s Proprietary Rights’, ‘Confidentiality’, ‘Publicity’, ‘Indemnification’, ‘Disclaimers; Limitations of Liability’, ‘Miscellaneous’ and ‘Contracting Entity and Applicable Law’. Additionally, the ‘Retrieval of Customer Data’ sections and the ‘Alpha/Beta Services’ section of the Product Specific Terms page will survive expiration or termination of this Agreement.
11.16 Precedence. In the event of a conflict between the terms of the Agreement and an Order, the terms of the Order shall control, but only as to that Order.
APPENDIX 1
ADDITIONAL COVERAGE TERMS
If your Total Committed Subscription Value exceeds thirty-five thousand U.S. dollars (USD$35,000), then these Additional Coverage Terms apply. If, at any point during your Subscription Term, your Total Committed Subscription Value is below this amount, then these terms will not apply. We may update or change these terms in the same way as we can update or change our Agreement, as we describe in the ‘Amendment; No Waiver’ section of the Master Terms.
1. Learn Tourism, Inc. Indemnification
We will indemnify, defend and hold you harmless, at our expense, against any Action brought against you (and your officers, directors, employees, agents, service providers, licensors, and Affiliates) by a third party not affiliated with you to the extent that such Action is based upon or arises out of (1) an allegation that the Subscription Service infringes a valid patent in a member state of the Patent Cooperation Treaty, registered trademark, or registered copyright (“IP Indemnification”), or (2) our breach of our confidentiality obligations or our use of Customer Data in violation of this Agreement (“Confidentiality and Data Misuse Indemnification”).
You will: notify us in writing within thirty (30) days of you becoming aware of any such claim; give us sole control of the defense or settlement of such a claim; and provide us (at our expense) with any and all information and assistance reasonably requested by us to handle the defense or settlement of the claim. We will not accept any settlement that (i) imposes an obligation on you; (ii) requires you to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on you without your prior written consent.
We will not have any obligation or liability under this section if the alleged claim is caused by or based on: (i) any combination of the Subscription Service with any hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification of the Subscription Service by us in accordance with specifications or instructions that you provided, (iii) use of the Subscription Service in violation of or outside the scope of this Agreement, (iv) an allegation that the Subscription Service consists of a function, system or method traditionally utilized in marketing, sales or services software that is not commercially unique to the Subscription Service, and the commercially unique aspects of the Subscription Service are not identified in the allegation giving rise to the claim, or (v) user interface or related user design elements not provided by us.
Notwithstanding the foregoing, in the event of such a claim, or if we believe that such a claim is likely, we may, at our sole option and expense: (a) modify the Subscription Service or provide you with substitute Subscription Service that is non-infringing; or (b) obtain a license or permission for you to continue to use the Subscription Service, at no additional cost to you; or (c) if neither (a) nor (b) is, in our judgment, commercially practicable, terminate your access to the Subscription Service (or to a portion of the Subscription Service as necessary to resolve the claimed infringement) and refund any prepaid but unused fees covering use of the Subscription Service after termination. THIS SECTION STATES OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM PROVIDED FOR UNDER THIS SECTION.
2. Limitation of Liability
The ‘Limitation of Liability’ sub-section in the ‘Disclaimers; Limitations of Liability’ section of the Master Terms is revised to read as follows:
“EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, OUR LIABILITY ARISING FROM OUR IP INDEMNIFICATION OBLIGATIONS UNDER THE ‘Learn Tourism, INC. INDEMNIFICATION’ SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM”.
APPENDIX 2
U.S. GOVERNMENT CUSTOMER ADDITIONAL TERMS
If you are a U.S. local, state or federal government entity, including public institutions of higher education, that uses the Learn Tourism, Inc. products or services (a “Government Customer”), then these Learn Tourism, Inc. Government Customer Additional Terms apply. We may update or change these terms in the same way as we can our Agreement as we describe in the ‘Amendment; No Waiver’ section of our Master Terms.
These terms apply to the extent required by applicable law.
Government Customer Purpose
Government Customer may only use the Subscription Service and Consulting Services for a governmental-related purpose. These terms will not apply in the event the Subscription Service and/or Consulting Services are used for any private, personal, or non-governmental-related purpose.
2. Indemnification
Government Customer’s obligations in the ‘Indemnification’ section of the Master Terms will only apply to the extent permitted by applicable law.
3. Limitation of Liability
The ‘Limitation of Liability’ sub-section in the ‘Disclaimers; Limitations of Liability’ section of the Master Terms applies to the extent permitted by applicable law. The following sentence is also added to the end of the ‘Limitation of Liability’ sub-section in the ‘Disclaimers; Limitations of Liability’ section of the Master Terms, or to the amended ‘Limitation of Liability’ section in the Learn Tourism, Inc. Additional Coverage Terms in Appendix 1 to the Master Terms, if applicable: “ALSO PROVIDED HOWEVER, THIS LIMITATION WILL NOT APPLY TO EITHER PARTIES’ LIABILITY ARISING FROM ITS NEGLIGENCE THAT RESULTS IN BODILY INJURY, DEATH, OR DAMAGE TO TANGIBLE PROPERTY.”
4. Contracting Entity and Applicable Law
The ‘Contracting Entity and Applicable Law’ section of the Jurisdiction Specific Terms is revised to read as follows:
You are contracting with Learn Tourism, Inc., Inc. and this Agreement is governed by the laws applicable to you as a Government Customer, or if no such laws are specified, then the laws of the State of Florida, U.S.A., without reference to conflicts of law principles. Government Customer agrees that we have standing and privity of contract to bring a claim directly against Government Customer in a court or body of competent jurisdiction.
Last Modified: 12 Sept 2024
PLEASE READ THESE TERMS CAREFULLY.
The Learn Tourism, Inc. Product Specific Terms are intended to highlight some of the important things about using our different products. The Product Specific Terms form part of the Learn Tourism, Inc. Customer Terms of Service (the “TOS”) and are hereby incorporated therein.
If you are using any of the product(s) or service(s) described below, the terms corresponding to those product(s) applies to your use. We periodically update this page by posting a revised copy at https://knowledge.learntourism.org/product-specific-terms, so please check back here for current information.
The Services Provided by Learn Tourism Inc
Learn Tourism, Inc. Platform and Learn Tourism, Inc. Services
Consulting, Course Creation & Other Services
The Course Catalog & Promotion
Speaking Engagements
Sponsorships
Sponsored Content
Customer Support
Learn Tourism, Inc. provides an open online content creation platform designed to allow content creators (“Creators”) to build, design, publish, and sell courses and other services to their end users (“Students”). Learn Tourism, Inc. provides each Creator with a dedicated Learn Tourism, Inc. environment (“school”) to host and offer their services. Learn Tourism, Inc. offers subscriptions to this content creation platform along with a number of additional services and tools (e.g. consulting, public speaking, payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in these Terms as “Learn Tourism, Inc. Services”.
What Learn Tourism, Inc. Owns
All right, title and interest in and to the Platform, including our information, software, technology, data, applications, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as “Learn Tourism, Inc. Content”, and is and will remain the exclusive property of Learn Tourism, Inc. and its licensors. Learn Tourism, Inc. Content is protected by intellectual property rights both in the United States and internationally.
Your use of the Platform under these Terms does not give you additional rights in the Platform or ownership of any intellectual property rights associated with the Platform, including, but not limited to, any rights to use Learn Tourism, Inc.’s trademarks, logos, domain names, and other distinctive brand features. Subject to Your compliance with and the limitations set forth in these Terms, Learn Tourism, Inc. grants You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform and/or Learn Tourism, Inc. Services to fulfill your personal and commercial purposes.
You agree not to do any of the following while accessing or using the Platform and/or Learn Tourism, Inc. Services:
license, sublicense, sell, rent, lease, or otherwise permit third parties to use the Platform without Learn Tourism, Inc.’s express written consent (this license is only for Your use and you may not assign it to anyone else without our permission).
circumvent or disable any security or other technological features or measures of the Platform.
copy, modify, create derivative works of, decompile, reverse engineer, disassemble, or otherwise attempt to discover any source code of or any elements of the Platform, or use the Platform to compete with Learn Tourism, Inc.
engage in any activity that would interfere with, damage, or harm the Platform and/or Learn Tourism, Inc. Services.
All rights not expressly granted by Learn Tourism, Inc. are reserved.
What You Own
Any data, information or material originated by you and/or consultants(s) hired by you, including but not limited to consultants hired from or subcontracted by Learn Tourism Inc., that you or your hired consultant(s) upload or otherwise transmit through the Platform, including Creator Content, (“User Content”) is and remains Yours. Learn Tourism, Inc. does not claim any intellectual property rights over User Content by virtue of Your use of the Platform and/or Learn Tourism, Inc. Services.
By uploading User Content to the Learn Tourism, Inc. Platform, You agree that:
Learn Tourism, Inc. may review User Content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Learn Tourism, Inc. has no obligation to review anything that You upload.
You are uploading User Content to the Learn Tourism, Inc. Platform at Your direction and Learn Tourism, Inc. does not in any way certify or provide approval or permission prior to You uploading User Content.
Learn Tourism, Inc. may display User Content to other users (e.g. Your Students) via the Learn Tourism, Inc. Platform for the purpose of providing Learn Tourism, Inc. Services.
You agree that by uploading User Content to Our Platform, You are allowing Us to store Your User Content.
You agree to provide Learn Tourism, Inc. with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) User Content in furtherance of the Learn Tourism, Inc. Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers).
You are responsible for and own, or have the rights to use, all of Your User Content.
Your Posts
The Learn Tourism, Inc. Platform may include features that permits You to post, upload or transmit content that is intended to be viewed by other users (“Posts”). For example, Creators will have the opportunity to submit Posts to other members of the Learn Tourism, Inc. community. For the avoidance of doubt, Posts exclude User Content (including Creator Content).
By submitting Posts to the Learn Tourism, Inc. Platform, you grant Learn Tourism, Inc. a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute Your Posts for any purpose. Learn Tourism, Inc. may exercise all copyright, publicity and moral rights, in any media, with respect to Your Posts.
Content Free of Infringement of Any Third-Party Rights
You agree that Your User Content and/or Posts do not infringe upon anyone else’s intellectual property rights and that You have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
In plain language, this means that if You’re using someone else’s work (including videos, text, charts, powerpoints, etc.) in Your User Content or Posts, You’ve gotten the content owner’s permission to use it. You wouldn’t want anyone selling any of Your User Content without Your permission. If You are going to use something that You didn’t create, make sure You can demonstrate that You have the right to use it before You make it a part of Your User Content.
Feedback
You may choose or we may invite You to submit suggestions, recommendations, enhancement requests or other feedback about Learn Tourism, Inc. Services or the Platform (“Feedback”). By submitting any Feedback, You agree that such Feedback is gratuitous, unsolicited, and without restriction, and You grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate any Feedback into Learn Tourism, Inc. Services and/or the Platform. We actively review Feedback for new ideas. If You wish to preserve any interest You might have in your Feedback, You should not post them to the Platform or send them to us.
Processing of Data by Creators
Creators are responsible for protecting all personal information they provide to, or receive from, Learn Tourism, Inc. in connection with the use of Learn Tourism, Inc. Services. Learn Tourism, Inc. Data Processing Agreement (“DPA”) forms part of these Terms and sets out Learn Tourism, Inc.’s and Creator’s obligations with respect to the processing of personal information. Creators agree to abide by the DPA when and to the extent Data Protection Learn Tourism apply to a Creator’s use of Learn Tourism, Inc. Services to process Student Data or Creator Data (as these terms are defined in the DPA).
Creators are considered controllers or “owners” of the personal information they collect from and about Students. In addition to agreeing to the terms of the DPA, Creators are also responsible for providing an appropriate privacy notice to their Students, respecting their Students’ privacy rights in accordance with applicable law, and providing access to or deleting Students’ personal information if they request and as required by applicable law.
Modifications
We will not make changes to the Platform that materially reduce the functionality provided to you during the Subscription Term.
Notice of Non-Renewal
Unless otherwise specified in your Order, to prevent renewal of subscription or paid Add-Ons, you or we must give written notice of non-renewal and this written notice must be received before the next renewal period begins.
Early Cancellation Penalty:
If a subscriber elects to cancel their subscription before the end of the agreed contract term, a penalty will apply. The early cancellation penalty shall be equal to 50% of the remaining contract value. The remaining contract value is calculated based on the total value of the subscription as outlined in the original contract, minus any payments already made. This penalty is intended to cover administrative costs, content maintenance, and allocation of resources specific to the subscriber’s needs.
Notice Period: Subscribers must provide a written notice 30 days prior to the intended cancellation date.
Applicability: This penalty applies to all subscription agreements with a term commitment of 12 months or longer.
Exceptions: In exceptional circumstances, such as significant changes to Learn Tourism’s service offerings that directly affect the subscriber, the cancellation penalty may be reconsidered or waived at Learn Tourism’s discretion.
Payment of Penalty: Upon cancellation, an invoice for the penalty amount will be issued, and payment must be made within 30 days of the invoice date.
No Refund of Previous Payments: Payments made prior to cancellation are non-refundable and will not be deducted from the penalty amount.
Retrieval of Customer Data
We will not provide you with any access to Customer Data after termination or expiration of your subscription. If you want to retain any Customer Data after your Subscription Term ends, we recommend you export that data from your HubSpot account in advance.
The Learn Tourism, Inc. Platform encompasses the Course Catalog (“Course Catalog”), a marketplace that allows Users to search, find, and sign up for select Creator offerings. Course Catalog is an overall part of the Learn Tourism, Inc. Platform, and these Terms apply in full force to the use of Course Catalog. However, to the extent that You are a Creator being featured on Course Catalog, the terms of the Learn Tourism, Inc. Course Catalog Agreement shall govern and take precedence in the event of any conflicts with these Terms.
Consulting Services
You may purchase Consulting Services (also referred to as instructional design or course creation services) by placing an Order with us. Unless we otherwise agree, the Consulting Services we provide are described in the Product and Services Catalog and will be delivered in English. Fees for these Consulting Services are in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription.
Location. All Consulting Services are performed remotely, unless you and we otherwise agree. For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice.
Delivery. If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description, which expiration period will commence upon purchase (the “Expiration Period”).
If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If there is no Expiration Period or Delivery Period indicated, then it will be one hundred and eighty (180) days from purchase.
If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed to be complete at the end of the Delivery Period. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services.
Third Party Providers. We might provide some or all elements of the Consulting Services through third party service providers. Consulting Services are non-cancellable and all fees for Consulting Services are non-refundable.
Speaking Engagements
Engagement Fee
Client will pay Company an engagement fee plus reimbursement for related expenses, as defined below, which will be paid according to the following schedule:
Deposit due: 50% of agreed upon fee is due at the time of signing
Balance: remaining balance due on the date of presentation
Upon request, Client will provide Company with a copy of program registration list.
Expenses for Company travel and other incidental items will be billed after the event, are due upon receipt and may include:
Air travel to event location (coach class within North America, business class internationally) OR, at the Speaker’s sole discretion, round trip mileage reimbursement as defined by the US Internal Revenue Service (IRS) for Activity occurring within 300 miles of the Speaker’s primary residence.
Ground transportation which may include taxi, tolls, transfers and/or parking when applicable.
Meals, gratuities and incidentals billed at the greater of either actual cost or per diem rates as defined by the US General Services Administration (GSA).
Hotel accommodations (if required) shall be made by the Client and billed to Client at Client business address.
Once a presentation date is established, the Company commits time and resources on the Client’s behalf. As a result, Company charges a cancellation fee to recover upfront expenditures and/or losses that may occur by not scheduling other business on Client’s event date.
Should the presentation be postponed or cancelled for any reason, the following fee schedule shall apply:
Less than 30 days before event: 100% fee will be charged
Between 30 – 60 days before event: 50% fee will be charged
More than 60 days before event: 25% will be charged
Both Company and Client may record all or part of Company’s presentation. Should Client record the presentation, Company requires delivery of a master copy of the recording within 30 days after event close. Client may distribute copies of our presentation to internal staff, but may not sell copies or distribute to others not employed directly by the Client. Should Client wish to make other recording or distribution arrangements, a separate agreement will be required.
The Parties expressly agree that Company is an independent contractor and not an employee and that this Agreement does not create an employer/employee relationship between Client and Company; nor does this Agreement create a joint venture or partnership between the Parties.
These Sponsorship Terms & Conditions (these “Terms”) govern your sponsorship of The Learn Tourism | learntourism.org Activity and activities. Please see Section 8 for definitions of certain capitalized terms used in these Terms.
1.1 Sponsored Activities. You may sponsor Learn Tourism event(s) in accordance with these Terms (each such sponsored Learn Tourism event, a “Sponsored Activity”) by completing a Sponsorship Order Form and paying the applicable Sponsorship Fee. If you do not meet all conditions and requirements listed in the Sponsorship Order Form, then we have the right to cancel the applicable benefits under the Sponsorship Order Form and you will not be entitled to a refund for such cancelled benefits. We reserve the right to provide substitute benefits of comparable or greater value (as reasonably determined by us) if we cannot for any reason deliver any benefits under the Sponsorship Order Form.
1.2 Sponsorship Fees. You will pay each Sponsorship Fee invoice on the earlier of (a) the due date specified in such invoice, and (b) the date of the Sponsored Event (or the first Sponsored Event if the invoice captures multiple Sponsored Activity). If you do not pay the Sponsorship Fee by its due date, you may (at our sole discretion) forfeit some or all of the benefits under the Sponsorship Order Form.
1.3 Your Conduct. You and your employees and agents will at all times comply with the Learn Tourism Code of Conduct.
1.4 Taxes. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under the Sponsorship Order Form. All fees payable by Sponsor are exclusive of applicable taxes and duties, including, without limitation, VAT, excise taxes, sales and transaction taxes, and gross receipts taxes (“Indirect Taxes”). Sponsor will provide such information to Learn Tourism as is reasonably required for Learn Tourism to determine whether Learn Tourism is obligated to collect Indirect Taxes from Sponsor. Learn Tourism will not collect, and Sponsor will not pay, any Indirect Tax that Sponsor furnishes to Learn Tourism a properly completed exemption certificate or a direct payment permit certificate for which Learn Tourism may claim an available exemption from Indirect Tax. All payments made by Sponsor to Learn Tourism under the Sponsorship Order Form will be made free and clear of any withholding or deduction for taxes. If any such taxes (for example, international withholding taxes) are required to be withheld on any payment, Sponsor will pay such additional amounts as are necessary so that the net amount received by Learn Tourism is equal to the amount then due and payable under the Sponsorship Order Form. Learn Tourism will provide Sponsor with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under the Sponsorship Order Form.
We will handle your information in accordance with the Learn Tourism Privacy Notice.
3.1 Intellectual Property. You grant to Learn Tourism a worldwide, royalty-free, nontransferable, and nonexclusive license to (a) use the Logos to identify you as a sponsor of the Sponsored Event and to otherwise provide you with the benefits under the Sponsorship Order Form and (b) the Materials to provide you the benefits under the Sponsorship Order Form. If Learn Tourism provides Learn Tourism Event Materials to you under the Sponsorship Order Form, Learn Tourism grants to you a worldwide, royalty-free, nontransferable, and nonexclusive license to use, reproduce, display, perform, and distribute the Learn Tourism Event Materials provided that you: (x) do not modify the Learn Tourism Event Materials; (y) accurately represent your limited relationship to Learn Tourism as a sponsor of the Sponsored Event; and (z) do not use the Learn Tourism Event Materials or any Learn Tourism logos, trademarks, service marks, or trade dress displayed in the Learn Tourism Event Materials in a manner that is disparaging to Learn Tourism or our products or services, or in a manner that suggests Learn Tourism endorses, approves, or is otherwise affiliated with you. Except as specifically set forth in this Section 3.1, neither party will acquire any interest in the other party’s trademarks, service marks, trade secrets, logos, commercial symbols, copyrights, patents, and any other intellectual property rights under the Sponsorship Order Form.
3.2 Publicity. You will not issue any press release or make any other public announcement related to the Sponsored Activity without our prior written approval.
4.1 Term. The Sponsorship Order Form is effective as of the date the last party executes it, and, unless earlier terminated pursuant to these Terms, will continue until all Sponsored Activity identified in the Sponsorship Order Form have occurred. Any Notice of termination of the Sponsorship Order Form must include a Termination Date.
4.2 Termination.
(a) Termination for Cause. Either party may terminate the Sponsorship Order Form for cause if the other party is in material breach of the Sponsorship Order Form and the material breach remains uncured for a period of 30 days from receipt of Notice by the breaching party. We may terminate the Sponsorship Order Form immediately upon Notice to you in order to comply with the law or requests of governmental entities.
(b) Termination for Convenience. We may terminate the Sponsorship Order Form at any time for any reason by providing you with Notice. You may terminate the Sponsorship Order Form prior to a Sponsored Event for any reason by providing us with Notice.
(c) Effect of Termination. Upon the Sponsorship Order Form’s Termination Date: (i) all of your rights under the Sponsorship Order Form immediately terminate; (ii) you remain responsible for paying the Sponsorship Fee, provided that (x) if we terminated the Sponsorship Order Form under Section 4.2(b), we will refund you the Sponsorship Fee associated with the Sponsored Activity scheduled after the Termination Date, (y) if you terminated the Sponsorship Order Form under Section 4.2(b) 60 days or more before a Sponsored Event, we will refund you the Sponsorship Fee associated with such Sponsored Event, and (z) if you terminated the Sponsorship Order Form under Section 4.2(b) less than 60 days before a Sponsored Event, we will refund you half of the Sponsorship Fee associated with such Sponsored Event; and, (iii) Section 1.2, Section 1.4, Section 2, Section 3.2, Section 4.2(c), Section 5, Section 6, Section 7, Section 8, and Section 9 will continue to apply in accordance with their terms.
5.1 Trade Compliance. You represent and warrant that you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
5.2 Logos. You represent and warrant that you have the necessary rights and permissions to grant the license granted under Section 3.1 and that the Logos and our use of the Logos do not infringe upon any intellectual property right or right of publicity of any person or entity.
5.3 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Learn Tourism DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO ANY GOODS, SERVICES, OR BENEFITS TO BE PROVIDED UNDER ANY SPONSORSHIP ORDER FORM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR (B) LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THE SPONSORSHIP ORDER FORM WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THE SPONSORSHIP ORDER FORM FOR THE SPONSORED EVENT THAT GAVE RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION 6 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7.1 Waiver. The failure by us to enforce any provision of the Sponsorship Order Form will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
7.2 Severability. If any portion of the Sponsorship Order Form is held to be invalid or unenforceable, the remaining portions of the Sponsorship Order Form will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from the Sponsorship Order Form but the rest will remain in full force and effect.
7.3 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under the Sponsorship Order Form where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
7.4 Assignment; No Third Party Beneficiaries; Independent Contractors. You will not assign or otherwise transfer the Sponsorship Order Form or any of your rights and obligations under the Sponsorship Order Form, without our prior written consent. Any assignment or transfer in violation of this Section 7.4 will be void. We may assign the Sponsorship Order Form without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of our assets, or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Learn Tourism as a party to the Sponsorship Order Form, and Learn Tourism is fully released from all of its obligations and duties to perform under the Sponsorship Order Form. Subject to the foregoing, the Sponsorship Order Form will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. The Sponsorship Order Form does not create any third-party beneficiary rights in any individual or entity that is not a party to the Sponsorship Order Form. We and you are independent contractors, and these Terms will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
7.5 Governing Law. Subject to Section 9, the laws of the State of Florida, without reference to conflict of law rules, govern the Sponsorship Order Form and any dispute of any sort that might arise between the parties. The United Nations Convention for the International Sale of Goods does not apply to the Sponsorship Order Form.
7.6 Dispute. SUBJECT TO SECTION 9, ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR SPONSORSHIP OF THE SPONSORED EVENT(S) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY TO THE MAXIMUM EXTENT PERMITTED BY LAW ASSERT CLAIMS IN SMALL CLAIMS COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THE SPONSORSHIP ORDER FORM. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THE SPONSORSHIP ORDER FORM AS A COURT WOULD. TO BEGIN AN ARBITRATION PROCEEDING, YOU MUST SEND A LETTER REQUESTING ARBITRATION AND DESCRIBING YOUR CLAIM TO OUR REGISTERED AGENT CORPORATION SERVICE COMPANY, 300 DESCHUTES WAY SW, SUITE 304, TUMWATER, WA 98501. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, WHICH ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES. WE WILL REIMBURSE THOSE FEES FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. WE WILL NOT SEEK ATTORNEYS’ FEES AND COSTS IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, OR AT A MUTUALLY AGREED LOCATION. WE AND YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE AND YOU WAIVE ANY RIGHT TO A JURY TRIAL. WE EACH AGREE THAT EACH PARTY MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
7.7 Notice.
(a) To You. We will provide any notice to you under the Sponsorship Order Form by sending a message to the email address included in the Sponsorship Order Form. Any notices provided by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with the Sponsorship Order Form when we send the email, whether or not you actually receive the email.
(b) To Us. Subject to Section 9, to give us notice under the Sponsorship Order Form, you must contact Learn Tourism as follows: by personal delivery, overnight courier or registered or certified mail to The Learn Tourism Inc, 8130 Lakewood Main Street 103338, Lakewood Ranch, FL 34202, attention General Counsel. We may update the options or address for notices to us by posting a notice on the Learn Tourism Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
(c) Language. All communications and Notices to be made or given pursuant the Sponsorship Order Form must be in the English language.
7.8 Conflict. In the event of a conflict between these Terms and the Sponsorship Order Form, these Terms will prevail, except that the Learn Tourism contracting entity on the Sponsorship Order Form will prevail.
7.9 Modifications to these Terms. We may modify these Terms at any time by posting a revised version on the Learn Tourism Site or by otherwise notifying you in accordance with Section 7.7. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to sponsor a Sponsored Event after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Learn Tourism Site regularly for modifications to these Terms. We last modified these Terms on the date listed at the beginning of these Terms.
7.10 Entire Agreement; Translation. The Sponsorship Order Form is the entire agreement between you and us regarding the subject matter of the Sponsorship Order Form. The Sponsorship Order Form supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of the Sponsorship Order Form. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of the Sponsorship Order Form (whether or not it would materially alter the Sponsorship Order Form). If we provide a translation of the English language version of the Sponsorship Order Form or these Terms, the English language version will control if there is any conflict.
7.11 Counterparts; Facsimile. The Sponsorship Order Form may be executed by facsimile or by electronic signature in a format approved by us, and in counterparts, each of which (including signature pages) will be deemed an original, but all of which together will constitute one and the same instrument.
“Learn Tourism,” “we,” “us,” or “our” means Learn Tourism, Inc. (or such other Learn Tourism contracting entity as specified in a Sponsorship Order Form).
“Learn Tourism Terms of Use” means the Learn Tourism code of conduct located at https://knowledge.learntourism.org/website-terms-of-use (and any successor or related site designated by us), as may be updated from time to time.
“Learn Tourism Activity Materials” means materials related to your participation in a Sponsored Event that Learn Tourism provides to you under the Sponsorship Order Form.
“Learn Tourism Site” means http://learntourism.org (and any successor or related site designated by us), as may be updated from time to time.
“Learn Tourism Privacy Notice” means the privacy notice located at https://knowledge.learntourism.org/privacy-policy (and any successor or related locations designated by us), as it may be updated from time to time.
“Logos” means the logos, trademarks, service marks, and trade dress that you provide to us under the Sponsorship Order Form.
“Notice” means any notice given in accordance with Section 7.7.
“Materials” means materials (other than Logos) that you provide to us under the Sponsorship Order Form.
“Sponsor” and “you” has the meaning given to the term “Sponsor” in the Sponsorship Order Form.
“Sponsorship Fee” means the sponsorship fee under the Sponsorship Order Form.
“Sponsorship Order Form” means a written agreement executed by you and us that describes your sponsorship of the Sponsored Event(s).
“Termination Date” means the effective date of termination provided in a Notice in accordance with Section 4.
By purchasing and submitting a sponsored post to Learn Tourism, you agree to comply with these Terms and Conditions. Please review them carefully.
By purchasing a sponsored post package, you agree to abide by these terms and conditions. Learn Tourism reserves the right to modify these terms at any time. Continued use of our services following any such modification constitutes your acceptance of the new terms.
Relevance: Content must be relevant to the tourism, travel, or related industries, and it must align with Learn Tourism’s mission to advance education and professional development within these industries.
Originality: Content must be original, not plagiarized, and free from copyright infringement.
Non-Deceptive: Sponsored posts must not contain false or misleading information, claims, or endorsements.
Format: Posts should be submitted in a pre-agreed format (text, images, videos, etc.). If any custom media is used, you must provide appropriate licenses.
Tone and Style: Content must maintain a professional tone and align with the editorial standards of Learn Tourism.
All sponsored posts will be clearly marked with a sponsorship disclosure, as required by law, such as “Sponsored,” “In Partnership With,” or similar language to ensure transparency with our audience.
All sponsored posts are subject to review and approval by Learn Tourism’s editorial team. We reserve the right to reject any content that:
Is not aligned with our values or target audience.
Contains objectionable material, including but not limited to offensive language, hate speech, discriminatory content, or inappropriate imagery.
Violates the laws and regulations of any applicable jurisdiction.
You will be notified of any rejections or required edits prior to publishing.
Timeline: Learn Tourism will work with you to establish a publication timeline for your sponsored post. Please note that content should be submitted at least [number] business days before the desired publish date to allow for review and edits.
Placement: The positioning of your post on Learn Tourism’s platform will be determined by our editorial team. We do not guarantee specific placements unless agreed upon in a custom sponsorship package.
Duration: Sponsored content will remain live on our platform for a minimum of [time period] unless otherwise agreed upon.
Rates: Rates for sponsored posts are set at the time of booking and subject to change. All fees must be paid upfront unless otherwise stated in the invoice.
Payment Methods: Payment can be made via [payment methods], and full payment must be received before the content is published.
Ownership: You retain the ownership of your content. However, by submitting a sponsored post, you grant Learn Tourism a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your content across our platforms, including but not limited to the Learn Tourism website, social media channels, and newsletters.
Modifications: Learn Tourism reserves the right to make editorial adjustments, including resizing images or minor copy edits, to meet the platform’s technical requirements and editorial standards.
Sponsored posts will include basic performance metrics such as views, engagement (likes, shares, comments), and clicks. More detailed analytics may be available for an additional fee or included in certain sponsorship packages.
Learn Tourism will not be liable for any loss or damages arising from your use of our platform for sponsored posts, including but not limited to financial losses, loss of reputation, or any third-party claims resulting from the sponsored post.
Learn Tourism reserves the right to remove any sponsored post at its discretion if it violates these terms or if circumstances beyond our control make it necessary. No refunds will be issued for removed posts unless it is determined that Learn Tourism was at fault.
These terms shall be governed by the laws of [jurisdiction]. Any disputes will be handled by the courts in that jurisdiction.
If you pay us a Subscription Fee support is included at no additional cost.
Phone support for subscriptions is available Monday-Friday from 9am to 5pm EST (Eastern Standard Time). We accept email and in-app support questions 24 hours per day x 7 days per week. Email and in-app questions can be submitted through the help widget in the lower right hand corner of your account or by following the link at http://knowledge.learntourism.org.
Email and in-app responses are provided during phone support hours only. We attempt to respond to email and in-app support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of Learn Tourism, Inc. representatives.
Issues resulting from your use of API’s or your modifications to code in the Subscription Service may be outside the scope of support. We will only provide support for integrations which are listed in-app as being supported by Learn Tourism, Inc.
At Learn Tourism Inc., we are committed to upholding the highest standards of integrity, professionalism, and ethical conduct. Our Code of Ethics serves as a guiding framework for all employees, volunteers, and stakeholders, reflecting our dedication to responsible practices in the tourism industry. The following principles outline the core values that define our organization:
Upholding integrity and honesty are fundamental to building trust with our stakeholders. By adhering to these principles, we maintain the credibility of our organization and contribute to a positive reputation within the tourism industry.
Learn Tourism Inc. values diversity and believes in creating an inclusive environment. Respecting and embracing diversity fosters innovation, creativity, and a rich tapestry of perspectives, which is essential for the success of our programs and initiatives.
Our commitment to responsible tourism involves promoting sustainable practices that minimize the environmental impact, respect local cultures, and contribute positively to the communities we engage with. This principle aligns with our mission to build sustainable economies.
Transparency is crucial to building trust and maintaining open communication with our stakeholders. By being transparent about our activities, decisions, and outcomes, we foster a culture of accountability and credibility.
Protecting confidential information and respecting privacy is essential for maintaining the trust of our partners, donors, and participants. This commitment ensures that sensitive data is handled responsibly and in compliance with legal and ethical standards.
Learn Tourism Inc. is committed to fair and ethical business practices in all interactions. This includes avoiding conflicts of interest, treating vendors, partners, and competitors with fairness, and making decisions that prioritize the best interests of our mission and stakeholders.
Embracing a culture of continuous learning and professional development ensures that our team stays informed about industry best practices and remains at the forefront of advancements in tourism. This commitment enhances the quality and relevance of our programs and services.
Engaging with communities in a respectful and empowering manner is central to our mission. This principle ensures that our initiatives contribute positively to the well-being and development of the communities we work with.
As a nonprofit organization, we acknowledge our social responsibility to contribute positively to society. This involves actively seeking opportunities to address social issues and using our resources to create a positive impact on a local and global scale.
A commitment to effective conflict resolution ensures that interpersonal or organizational conflicts are addressed promptly and fairly. This principle contributes to a healthy and collaborative work environment, fostering positive relationships among team members.
Learn Tourism Inc.’s Code of Ethics is more than a set of guidelines; it reflects our organizational values and commitment to making a meaningful and positive impact in the tourism industry. By embracing these principles, each member of our community plays a crucial role in upholding Learn Tourism Inc.’s integrity and reputation.