Terms of service
Date of last revision: July 17th, 2019
Welcome to Backstreet Academy!
2. Access of use of the service
2.1 Services Description: The Service is designed to provide users access to data, information, points of interest, activities, special deals, experiences, and offers (collectively, “Offers”) regarding local activities and to provide local tour creators (which may hereafter be referred to collectively as “Host(s)”) a platform for easily providing consumers such information and offers.
2.3 Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Backstreet Academy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Backstreet Academy will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service: Backstreet Academy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Backstreet Academy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
3. User Responsibilities
3.2 Third-Party Content. In using the Services, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties (“Third-Party Content”), either at the Site or through links to third-party websites. Backstreet Academy does not control, and is not responsible or liable for, Third-Party Content posted on, transmitted through or linked from the Services. Such Third-Party Content is the sole responsibility of the person from whom such Third-Party Content originated. You understand that by using the Services, you may be exposed to Third-Party Content that is incomplete, offensive, indecent, inaccurate, misleading, unlawful or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content.
3.3 Identity Verification. You acknowledge that Backstreet Academy does not pre-screen users or approve Third-Party Content and makes no attempt to confirm, and does not confirm, any user’s purported identity. We do not investigate any user’s reputation, conduct, morality, and criminal background or verify the information that any user submits to the Site. We do not endorse any persons who use, or register for, the Services, whether as Customers or Experience Providers, or any Experience listed on the Site. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other users. Backstreet Academy encourages you to communicate directly with potential transaction partners through the tools available on the Site and to review your Host and Experience Provider’s profile pages for feedback from other users. You may also wish to consider using a third-party service that provides additional user verification.
3.4 Release. To the extent permitted under applicable laws, you hereby release Backstreet Academy from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any Experience Provider, Host or Customer; (c) any injury, loss or damage caused by another user, an Experience, or Content posted on the Services, whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Services’ users’ communications.
3.5 Providing an Experience. As an Experience Provider, you will define the conditions of, and may supply the content and images to describe and illustrate, your Experience and its terms, by completing and submitting, or authorizing an agent to complete and submit, a request to us. Submission of a request does not obligate Backstreet Academy to accept the request or any of its contents nor to promote the Experience, and is not binding on Backstreet Academy. You are responsible and liable for all Experience content and terms, and for our or any Customer’s use or reliance on any of the foregoing. If we accept your request, we may promote the Experience using any method and through any medium that we deem appropriate in our sole discretion, including through e-mail, mobile applications and any other type of electronic interface or distribution channel owned, affiliated, controlled or operated by or through Backstreet Academy. We further reserve the right, but have no obligation, to promote the Experience through our Parent Company, affiliates and third party business partners from time to time. Backstreet Academy will promote your Experience to Backstreet Academy customers and potential customers based on geographic or other geolocational data, but will determine the customers and potential customers to whom your Experience is actually promoted and made available, if any, in its sole discretion. Experience Providers are entirely responsible for the Experience and any interaction with Customers.
As an Experience Provider, you agree to: (a) accurately describe the Experience so that it complies with industry standards and applicable law (e.g., it is not deceptive, false or misleading) (b) specify all generally applicable policies (e.g., cancellation policies that apply to all Customers), restrictions and contractual arrangements (e.g., liability waivers required for all customers) applicable to the Experience prior to offering the Experience ("Rules"), and Backstreet Academy will have no liability for the nature of your Rules or your failure to specify appropriate Rules; (c) provide the Experience without imposing restrictions or policies not listed in the Rules; (d) not accept any gratuity or require additional payments (including taxes) in order to deliver the promised Experience; (e) comply with all local laws and regulations in offering and providing your Experience (especially regarding safety and licensing requirements, food preparation, alcohol, etc.); (f) not solicit users to participate in an Experience off the platform or otherwise circumvent any fees that are paid or would be payable to Backstreet Academy and (g) obtain all required permissions, licenses, consents, permits and allowances from any and all third-parties involved with or related to the Experience, including the venue(s) at which the Experience occurs or third party intellectual rights used or otherwise exploited as part of the Experience. You agree that unless you obtain the consent of any Customer, you will use the personal information of the Customer provided to you by Backstreet Academy only to communicate with the Customer about the Experience in accordance with Section 9.2, and for no other purpose.
3.7 Relationship between Customers and Experience Providers. If you are a Customer, you provide to each Experience Provider the covenants provided to Backstreet Academy in Sections 3.6 and 5.2, and agree to be bound by all Experiences that occur based upon false or inaccurate information, even if the false or inaccurate information was provided accidentally. If you are an Experience Provider, you provide to each Customer the covenants provided to Backstreet Academy in Sections 3.5, 5.2 and 9.2, and agree to be bound by all Experiences that occur based upon false or inaccurate information, even if the false or inaccurate information was provided accidentally.
3.8 Recordings. Backstreet Academy may photograph and/or record Customers engaging in an Experience, and any such image, recording or video (collectively “Recording”) will be owned exclusively by Backstreet Academy. You agree that to the extent that your name, likeness, biography and / or voice appears in any such Recording, you grant to Backstreet Academy an unrestricted, perpetual, worldwide right to use your Image as contained in the Recording in all media now known and later developed for any purpose, including for the purpose of promoting the site and services.
4. Eligibility for Use
4.1 Age. The Services are available only to, and may only be used by, individuals who are 18 years and older. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. You may purchase Experiences on behalf of others who are not 18 years of age provided the Rules of the applicable Experience allow for participation by individuals younger than 18.
4.3 Legal Compliance. You represent and warrant that you comply with all applicable domestic and international laws, statutes, ordinances and regulations, including without limitation any laws or regulations requiring licenses such as sightseeing guide licenses, and will use the Services in a manner consistent with all such applicable laws, statutes, ordinances and regulations.
4.4 Right to Refuse Access. Backstreet Academy may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
5. User Conduct
5.1 Rules and Restrictions. You are solely responsible for your conduct and activities on and involving the Services and any and all content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links (“Content”), that you submit, post and display on the Site or otherwise make available through the Services. In connection with your use of the Services, you must act responsibly and exercise good judgment. You agree to provide and maintain true, accurate, current and complete information about yourself or your Host. Without limiting the foregoing, you will not use the Services to:
(a) post or otherwise transmit any Content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) depicts or advocates the use of illicit drugs; (iii) makes use of offensive language or images; (iv) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) poses or creates a privacy or security risk to any person; (vi) infringes any intellectual property or other proprietary rights of any party; (vi) is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right; (vii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (ix) in the sole judgment of Backstreet Academy, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Backstreet Academy or its users to any harm or liability of any type;
(b) violate any applicable local, state, national, international or other law or regulation, or any order of a court, including as it concerns online conduct and acceptable content;
(c) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
(d) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
(e) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(f) interfere with, disrupt or damage the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(g) use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(h) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(i) “stalk” or harass any other user of the Services or collect or store any information about any other user other than for purposes of transacting as an Experience Provider and Customer with one another;
(j) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
(k) register for more than one user account or register for a user account on behalf of an individual other than yourself.
(l) transfer or sell your account and/or username to another party;
(m) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(n) use automated scripts to access, search collect information or otherwise interact with the Services (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
(o) use the Services to find an Experience Provider, Host or Customer and then complete the transaction offline in order to circumvent your obligation to pay for the Services;
(p) submit any experience with a false or misleading price, or submit any listing with a price that you do not intend to honor, or take any other action that may undermine the feedback or ratings systems;
(q) provide a link to any other website;
(r) use, reproduce, duplicate, copy, sell, resell or exploit: (i) any portion of the Site or Services; (ii) your use of the Site or Services, or (iii) your access to the Site or Services, in each case for any purpose other than for which the Site or Services are being provided to you; or
(s) advocate, encourage, or assist any third party in doing any of the foregoing.
5.3 Listing Conditions. By listing an experience on the Site, you (a) warrant that you and all aspects of the experience comply with Backstreet Academy’s published policies and all applicable laws, (b) assume full responsibility for the content of the Experience offered, (c) understand that it is publicly available to be viewed and booked by any individual and (d) acknowledge and agree that the price and time you specify for that listing will constitute an essential part of a binding agreement between you and the Customer and agree to honor all registrations through the Site at the price and time listed.
6. Right to Cancel Account or Delete Content
6.1 Our Right to Cancel Accounts. Backstreet Academy may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice and at any time: (a) terminate your access to the Services, (b) deactivate or delete any of your accounts and all related Content and Experiences, (c) bar your access to any of such Content or (d) refuse, edit or delete any Content that you post or submit to the Site or through the Services.
6.2 Storage of Content. You acknowledge that Backstreet Academy may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that Content will be retained by the Services and the maximum storage space that will be allotted on Backstreet Academy’s servers on your behalf. You agree that Backstreet Academy has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You further acknowledge that Backstreet Academy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
7. Payment; Fees
Details on the fee structure, its components and cancellation for both Experience Providers and Backstreet Academy customers are available at https://www.backstreetacademy.com/paymentandbookingpolicy
9. Intellectual Property
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Backstreet Academy does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. You are entirely responsible for each individual item of Content you submit or make available on the Site or the Services, and you agree that such Content may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our users. Accordingly, you agree that we may authorize third parties, for example, entertainment publications, to republish all or parts of your Content for the purpose of promoting your Experience and / or Backstreet Academy. You agree to indemnify and hold Backstreet Academy harmless if you do not have the rights in your Content stated in this Section.
9.3 Re-posting Content. You may not display your own Backstreet Academy-hosted image on another website, without our express written permission.
9.5 Use of Our Intellectual Property. You may not systematically retrieve data or other content from the Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of the Site in a frame (or any content from the Site through in-line links) without our prior written consent, which may be requested by contacting us at firstname.lastname@example.org. You may, however, establish ordinary links to the homepage of the Site without our written permission, and you may make use of embedded HTML “widgets” if we have provided the HTML code.
10. Right to Modify or Discontinue Services
Backstreet Academy may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
11. Electronic Communications.
12. Limitation of Liability
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS TERMS OF SERVICES UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.
13. Warranty Disclaimers
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Backstreet Academy expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of creator ability, fitness for a particular purpose, title and non-infringement.
Backstreet Academy makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
YOU AGREE TO INDEMNIFY AND HOLD BACKSTREET ACADEMY (ITS PARENT COMPANY AND EACH OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) HARMLESS FROM ANY DIRECT CLAIM, THIRD-PARTY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR PROVISION OF, USE OF, OR PARTICIPATION IN ANY EXPERIENCE OR SERVICE. BACKSTREET ACADEMY WILL CONTROL ANY SUCH DEFENSE AND RELATED SETTLEMENT AND YOU WILL REASONABLY ASSIST US THEREWITH AT YOUR EXPENSE.
15. Special Notice for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
16. Reporting Misconduct
If you use the service of an Experience Provider, Host or provide a service to any Customer who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who you suspect of stealing from you, or who engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Backstreet Academy at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
17. General Terms
18. Feedback; Questions