ClickTheRoad OY Terms of Service
These Terms of Service govern your use of ClickTheRoad application and the website located athttps://clicktheroad.com and any related services provided by ClickTheRoad OY. By accessing https://clicktheroad.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by ClickTheRoad OY.
We, ClickTheRoad OY, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication. These Terms of Service were last updated on April 9, 2024.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
remove any copyright or other proprietary notations from any materials and software on this website;
transfer the materials to another person or "mirror" the materials on any other server;
knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service ClickTheRoad OY provides;
use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use this website or its associated services in violation of any applicable laws or regulations;
use this website in conjunction with sending unauthorized advertising or spam;
harvest, collect, or gather user data without the user’s consent; or
use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Services
Our platform offers online services where users can produce, share, and explore information and content about travel destinations, known as “Trip Content.” Users who utilize our services to produce and distribute Trip Content are designated as “Guides” within these Terms. Conversely, a “Traveller” according to these Terms is a user who engages with, views, and in certain instances, buys access to Trip Content provided by Guides. Our role is to serve as a mediator between Guides and Travellers, with our obligations under these Terms confined to ensuring the services are accessible.
Eligibility and Application
Any user wishing to become a "Guide" and create "Trip Content" for sale on the platform must submit an application via the website operated by ClickTheRoad. ClickTheRoad reserves the right, at its sole discretion, to approve or reject any application to become a Guide for any reason without obligation to provide justification.
Content Creation and Sales
Upon approval, a Guide is authorized to create Trip Content that may be offered for sale to "Travellers" through the platform. The Guide acknowledges that their ability to sell and distribute Trip Content is subject to the operational functionality and policies of ClickTheRoad's platform.
Guide Agreement Acceptance
By applying to become a Guide and upon approval, the user agrees to abide by the terms and conditions set forth in the "Guide Agreement" document, which is published and accessible on the website. It is the responsibility of the Guide to review and understand the Guide Agreement prior to submitting content or engaging in sales of Trip Content on the platform.
Amendments
ClickTheRoad reserves the right to amend the Guide Agreement at any time. Such amendments will be effective immediately upon posting on the website. Continued participation as a Guide following any amendments indicates acceptance of the revised terms.
Service usage restrictions
To access specific functionalities of the services, particularly those related to creating or selling content, you might be required to create an account. The services are accessible solely to individuals who are at least 18 years old and have the legal capacity to enter into a binding agreement with ClickTheRoad, provided they are not prohibited from using the services by applicable law. You bear full responsibility for all actions taken under your account. If you believe your account has been used without your authorization, please contact us immediately at support@clicktheroad.com.
Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to ClickTheRoad OY and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by ClickTheRoad OY at any time.
User-Generated Content
You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it. When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy. The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us. You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.
Liability
Our website and the materials on our website are provided on an "as is" basis. To the extent permitted by law, ClickTheRoad OY makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights. In no event shall ClickTheRoad OY or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if ClickTheRoad OY or an authorized representative has been notified, orally or in writing, of the possibility of such damage. In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Management of User Contributions and Content
Within the scope of our services, you are granted the capability to generate, upload, distribute, and share various forms of content. All materials you disseminate or avail for use via the services are collectively termed as “Content”, which encompasses “Trip Content” without any limitations. It should be noted that ClickTheRoad does not assert any proprietary claims over your Content. The provisions in these Terms are not intended to limit any rights you might possess regarding your own Content. By contributing Content to the services, you grant ClickTheRoad a non-exclusive, transferable, worldwide, royalty-free license with rights to sublicense. This license allows ClickTheRoad to utilize, replicate, alter, derive new works from, distribute, display publicly, and perform your Content publicly, but only to the extent necessary for ClickTheRoad to manage, enhance, promote, or deliver the services. You carry the sole responsibility for any Content you contribute. You assert and guarantee that you possess (and will continue to possess) all necessary rights to permit us the license to your Content as described in these Terms. You further assure that neither your Content nor its provision or utilization through the services, nor ClickTheRoad’s use of your Content, will breach, misappropriate, or infringe on any third party’s privacy, publicity rights, intellectual property rights, or contravene any law or regulation. You have the option to eliminate your Content by deleting it explicitly. However, it is important to recognize that in certain cases, remnants of your Content (like comments or posts you have made) may persist, and copies of your Content could remain accessible within the Services. To the fullest extent allowed by law, we bear no responsibility for the non-removal or deletion (or the failure thereof) of any of your Content. In adherence to these Terms, and as long as you comply with them, ClickTheRoad provides you a limited, non-exclusive, non-transferrable, and non-sublicensable license to engage with the Services in a manner that is authorized under these Terms and as facilitated by the Services. Furthermore, Guides are prohibited from posting the same Content on platforms other than ClickTheRoad. This ensures exclusive availability of Trip Content to our platform, enhancing the unique value offered to our Travellers.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. ClickTheRoad OY does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Links
ClickTheRoad OY has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by ClickTheRoad OY of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Retention of Rights
All rights, ownership, and interests in the services, along with any related intellectual property, are the sole property of ClickTheRoad and its licensors. It is recognized that these services are safeguarded by copyright, trademark, and various other regulatory statutes. You commit to not deleting, modifying, or concealing any notices of copyright, trademark, service marks, or any other proprietary rights that are included in or linked with the services. You agree to defend, indemnify, and keep harmless ClickTheRoad, along with its employees, and agents, from any liabilities, losses, claims, disputes, demands, damages, and costs including, but not limited to, legal and accounting fees, that arise from or are in any manner related to (a) your use or access of the services, (b) the content you provide, or (c) your breach of these Terms.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Finland. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Rights and Terms for Apps
The following sections are specific to the use of the ClickTheRoad application and supplement the Terms of Service provided for the website use.
If Accessed or Downloaded from the Apple App Store
If you access or download ClickTheRoad from the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service.
Automatic Updates
You give us permission to download and install updates to ClickTheRoad on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting ClickTheRoad from your device.
Notice Regarding Apple
To the extent that you are using or accessing ClickTheRoad on an iOS device, you acknowledge and agree to the terms outlined specifically concerning Apple:
These Terms of Service are between you and ClickTheRoad OY only, not with Apple Inc. (Apple), and Apple is not responsible for ClickTheRoad and the content available within it.
Apple has no obligation to furnish any maintenance and support services with respect to ClickTheRoad.
If ClickTheRoad fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for ClickTheRoad to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to ClickTheRoad.
Apple is not responsible for addressing any claims by you or any third party relating to ClickTheRoad or your possession and use of ClickTheRoad, including but not limited to: (i) product liability claims; (ii) any claim that ClickTheRoad fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that ClickTheRoad or your use of it infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using ClickTheRoad, including any Usage Rules set forth in the Apple App Store Terms of Service.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
