Boston Adventures Terms and Conditions / Policy
BOSTON ADVENTURES LEGAL PAGE
Welcome to the Boston Adventures Website! Boston Adventures maintains this site (“the Site”) for your personal entertainment, information, education, and communication. Feel free to browse the Site, but please read these terms and conditions before doing so.
This Site contains many of the valuable trademarks, names, titles, logos, images, designs, surveys , testimonials , copyrights and other proprietary materials owned and registered by Boston Adventures and used by Boston Adventures throughout the world (the “Trademarks”). Such names to include Boston Scavenger Hunt(s) ®, Boston Adventures, Boston Adventures Scavenger Hunt(s), Boston Pub Crawl, Boston Common Scavenger Hunt, Cape Cod Scavenger Hunt, Boston Survival Kit, Boston Trivia Game, Historic Massachusetts Trivia Game, company domain names (e.g., WorldScavengerHunt.com, BostonScavengerHunts.com, Bostontreasurehunts.com and BostonAdventures.com), Nantucket Scavenger Hunt, Martha’s Vineyard Scavenger Hunt, South Beach Scavenger Hunt, Miami Scavenger Hunt, New York Scavenger Hunt, and Cape & Islands Adventure.
The name “Freedom Trail®” is a registered trademark name of The Freedom Trail® Foundation. Special thanks to The Freedom Trail® Foundation.
Your access to and use of the Site is subject to the following terms and conditions (“Terms and Conditions”). Boston Adventures may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which are bound.
By accessing and browsing the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these terms and conditions, then please do not use the Site.
Terms and Conditions.
1. You should assume that all materials, designs, text and images (collectively, the “Materials”) contained in the Site are either the copyrighted property of Boston Adventures, unless otherwise noted, or are the copyrighted property of third parties. Boston Adventures neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Boston Adventures.
2. You may download one single hard copy of Materials displayed on the Site for noncommercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter, or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including without limitation the test, images, audio and video.
3. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Boston Adventures and/or third parties, including without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
4. While Boston Adventures uses reasonable efforts to include accurate and up to date information in the Site, Boston Adventures makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including without limitation typographical errors and technical errors) in the content of the Site.
5. Information in the Site is subject to change without notice. Information regarding Boston Adventures products and services is and is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. Boston Adventures makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
6. Use of and browsing in the Site is done at user’s own risk. Neither Boston Adventures nor any other
party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text images, video, or audio from the Site, including without limitation damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
7. From time to time, Boston Adventures may ask that you transmit to the Site by electronic mail your feedback on Boston Adventures’ products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and nonproprietary by Boston Adventures, (b) become the property of Boston Adventures and shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Boston Adventures or its agents, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, Boston Adventures shall be under no obligation to respond to any such communication.
8. Notwithstanding the foregoing, Boston Adventures maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Submissions”), and therefore, you should not make any Submissions to Boston Adventures in any communications through this Site otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Boston Adventures and shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Boston Adventures shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products & services. Boston Adventures shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Boston Adventures uses or activities.
9. The Trademarks displayed on the Site are registered and unregistered Trademarks of Boston Adventures. Nothing contained on the Site should be construed as granting, by implication, estoppal, or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, Boston Adventures will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
10. This Site may link to other sites not maintained by or related to Boston Adventures. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of Boston Adventures. Boston Adventures has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
11. In the event that Boston Adventures may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board, prospective, current and/or past customer surveys and or surveying on this site and the like on the Site, Boston Adventures is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Boston Adventures will fully cooperate with any law enforcement authorities or court order requesting or directing Boston Adventures to disclose the identity of anyone posting any such information or materials.
12. Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of
Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. All offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
14. Boston Adventures maintains and operates this Site from its offices in the state of Massachusetts, United States. These Terms and Conditions are governed and interpreted under the laws of the state of Massachusetts, United States of America. If any portion of these terms and conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.
15. These Terms and Conditions set forth the entire understanding and agreement between you and Boston Adventures with respect to the Site. You acknowledge that any other agreements between you and Boston Adventures with respect to the Site are superseded and of no force or effect.
16. FAIR USE DISCLAIMER: Fair use is a concept under copyright law in the United States that, generally speaking, permits you to use a copyrighted work in certain ways without obtaining a license from the copyright holder. There are a variety of factors that affect whether or not your use of Content would be considered a fair use, including the purpose and character of your use, the nature of the copyrighted work, the amount of the copyrighted material used, and the effect of your use upon the potential market for the copyrighted work.
For example, there are differences between use in a for-fee service and fair-use. Your use of a single portion of our designated one-time use, customized team scavenger hunt lists, rules with instructions, game strategy, itineraries, photo challenges, awards ceremony, judging and presentations, as well as specific categories of items to find / collect as well as scavenger hunt trivia are proprietary and not intended for re-use by anyone, in any form without written permission from Boston Adventures and their respective copyright holder.
There are similar, although generally more limited, concepts in other countries’ copyright laws, including a concept known as “fair dealing” in a number of countries. Please do not request that we interpret whether your use of Content is a fair use. Boston Adventures cannot tell you if your use of Content from our products would be a fair use or would be considered fair dealing; these are legal analyses that depend on all of the specific facts of your proposed use. We suggest you speak with an attorney if you have questions regarding fair use of copyrighted works. Boston Adventures, in addition, maintains several registered and non-registered service / trademarks and trade names that are used in association with our marketing of teambuilding “scavenger hunt” games and related indoor / outdoor events / activities.
17. All prices for products & services contained in the Site are herein subject to change without notice. Boston Adventures acts solely as an agent in arranging for historic sightseeing, adventures, transportation, meals, lodging, whale watch trips & ocean going excursions, Boston Harbor cruises, group & individual tours, Boston pub crawls, Boston & New York City scavenger hunts & team building exercises.
Boston Adventures assumes no liability or responsibility for injury, damage, delay or accident due to default of any other company or person, or for conditions beyond their control. Boston Adventures reserves the right to change, alter, or modify the itinerary as conditions may warrant. Also, the right is reserved to cancel the operation of any tour prior to departure , during a tour or special event, and, if necessary, to change sightseeing attractions by substituting those of equal tour value. All prices are subject to change without notice. Children’s prices apply to those under 12 years of age. Any senior over 62, students/military with I.D. only. Payments made to Boston Adventures shall be in the form of cash, money order, travelers checks, business or personal checks.
We accept all major credit cards
FINAL HEAD COUNTS for contract tours and events shall be made known to Boston Adventures at least (3) weeks
prior to the scheduled event. No refunds are permitted for any cancellations. However, Boston Adventures will make every attempt to reschedule the event to accommodate its customer(s) within a reasonable period of time and not to exceed 6 months from the scheduled tour event signed contract date. No exceptions will be made. WE TOUR RAIN or SHINE year-round.
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