Users Terms of Service and Privacy Policy

 


TRAVELLERS GENERAL TERMS AND CONDITIONS

Welcome to Nibduck.com (the "Website"), a website provided by Nibduck Ldt. ("Nibduck," "we," or "us"). Portions of the Website are hosted by other companies with which we have service agreements.

By “Travellers” it is meant all users of the Website, visitors or registered users.

These Travellers General Terms and Conditions (the "Agreement") is a legal contract. By using this Website, you agree to be bound by all of the terms of this Agreement. Please read this Agreement carefully before using the Website.

This Agreement applies to all uses of any part of the Website. We may restrict, suspend, or revoke your registration or ability to access or use the Website, or any affiliated site, with or without prior notice, if you violate this Agreement.

  1. General
    We reserve the right to change the terms of this Agreement or to modify any features of the Website at any time, so we encourage you to review the Agreement periodically before using the Website. The most current version of the Agreement can be viewed by clicking on the "Travellers General Terms and Conditions" link at the bottom of any page in the Website. By registering for this Website and/or continuing to use this Website after the posting of any changes, you agree to be bound by such changes. You are also required to comply with all applicable laws in connection with your access to and use of the Website, and such further limitations as may be set forth in any subsequent notice from Nibduck. As a condition of your access and use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by the Agreement.

  2. Cost of Service
    The use of the Website is currently free to all Travellers.

    From time to time, we may make supplemental products or services available to Travellers on the Website, and these supplemental products or services may require payment of a fee in exchange for their purchase or use. If we make available products or services that require payment, we will notify you of the cost of those services before you incur those costs.

  3. Registration and Access Controls
    In order to access certain features ("Restricted Areas") of the Website you must register to create an account and become a Registered Traveller.

    You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via the Website as described below. As part of the functionality of the Website, you may link your account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Nibduck through the Website; or (ii) allowing Nibduck to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Nibduck and/or grant Nibduck access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Nibduck to pay any fees or making Nibduck subject to any usage limitations imposed by such third party service providers. By granting Nibduck access to any Third Party Accounts, you understand that Nibduck will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Website via your account and profile page. Unless otherwise specified in this Agreement, all SNS Content, if any, will be considered to be User Submission for all purposes of this Agreement. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Nibduck’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website. You have the ability to disable the connection between your account on the Website and your Third Party Accounts, at any time, by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Nibduck makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Nibduck is not responsible for any SNS Content.

    We will create your account and your profile page for your use of the Website based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one active account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Nibduck reserves the right to suspend or terminate your account and your access to the Website if you create more than one (1) account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify Nibduck of any unauthorized use of your account.

     

  4. Travellers Content and Communications
    The Website may offer features that allow Travellers to post content on the Website and communicate with others. This content may include text, images, photographs, audio, video, or material in any other form that is stored on, posted on, or transmitted to or through the Website (collectively, "User Submissions"). By posting, uploading, adding, communicating, storing, or otherwise transmitting User Submissions on, to, or through the Website, you understand and agree that you are giving us a royalty-free, irrevocable, perpetual, non-exclusive and fully sub licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submissions in whole or in part, on a worldwide basis, and to incorporate them in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.

    By using the Website and by making User Submissions, you represent that you have read and agree to abide by our , which forms a part of this Agreement.

    You are solely responsible for the content you provide. If we become aware of User Submissions that violate this Agreement or our User Submission Guidelines or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.

    If you notice that any other User's submissions appear to violate this Agreement or the User Submission Guidelines, or if any other user ever makes you feel harassed or unsafe, please contact us by sending an email to this address (contact@nibduck.com) indicating that you are writing us about an abuse.

    You understand and agree that User Submissions are neither owned by nor provided by Nibduck, and that we are in no way responsible for such User Submissions or any related conduct or practices.

  5. Our Copyright Rights
    This Website (including, but not limited to, text, photographs, graphics, video and audio content) is protected by intellectual property rights. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in the Website shall remain vested in Nibduck or its licensors.

    Except for content you have posted on the Website, or unless expressly permitted by us, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Website, except that you may download material from this Website for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Website over any network, including a local area network, nor sell or offer it for sale.

    The Website has been specially designed for presentation of content in a unique format and appearance to the Travellers. Without limiting the provisions of the preceding paragraph, neither you nor any third party shall make use of the contents of the Website in any manner—including by hyperlinking—that constitutes an infringement of our rights, including our copyright rights or any use that has not been authorized by us. Among other restrictions, you agree not to republish or link to our content in a setting that includes advertising or other materials that we have not authorized to be displayed with the Website.

  6. Trademark Rights
    All rights in the product names, company names, trade names, logos, product packaging, and designs of all Nibduck or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or to their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark of Nibduck or any third party.

  7. Privacy
    Your use of the Website is governed by our Privacy Policy. By using the Website, you indicate that you understand and agree to the practices described in the Privacy Policy.

  8. Personal and Information Security
    Some portions of the Website include features that make it possible for you to share information about your travel plans or experiences with other users, and to obtain information about other users' travels. You are not required to make any information about yourself public, including information about your travel plans or experiences, in order to use the Website, and by using the Website you agree not to disclose any personal or sensitive information in any public forum. If choose to make this information available to other users privately, you agree to share information only with people that you know, and you assume all risks associated with that disclosure, including the risk of harm to you or to third parties associated with disclosing personal information to third parties. We do not undertake to investigate or confirm the identities or statements of users, and so you should use the same care in disclosing information on the Website as you would in disclosing information about yourself to any person that you do not know.

    Although we may try to allow you to restrict access to certain User Submissions or other information that you post on or to the Website, or distribute through the Website, with respect to certain other users, we cannot guarantee that third parties will not have access to information that you provide. Accordingly, you agree not to make User Submissions or make other information available to the Website that you want to protect from being distributed to others.

  9. Prohibited Conduct
    By using the Website, you agree not to:
    • delete or revise any material or other information of any other Traveler, Nibduck, or any third party;
    • harvest or otherwise collect information about others, including e-mail addresses, without their consent;
    • take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
    • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity conducted on the Website;
    • use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available on the Website and other than generally available third-party web browsers;
    • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;
    • post advertisements or solicitations of business;
    • promote outside sites or online services or organizations other than through official, approved advertisements;
    • engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in our judgment, exposes us or any of our users, customers, or suppliers to any liability or detriment of any type;
    • attempt to privately contact or identify users of the Website who are minors, if you are an adult; or
    • take any other action that could endanger or cause damage to us, other users of the Website, or other third parties.

    You further agree not to violate or attempt to violate the security of the Website, including, without limitation:

    • accessing data not intended for you or logging into a server or account that you are not authorized to access;
    • attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    • attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Website;
    • sending unsolicited e-mail, including promotions and/or advertising of products or services, to or through the Website or with reference to us or the Website; or
    • forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

    Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, we may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

  10. Links
    We may, as a convenience to Travellers, provide links to third-party content and other web sites on or through the Website. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.

  11. Indemnification
    You agree to indemnify and hold harmless Nibduck, its parent and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from, arising out of, or in connection with, any violation or alleged violation of this Agreement or its components (including but not limited to the User Submission Guidelines), or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

  12. Disclaimer of Warranties
    This website is available "as is." We do not warrant that this Website will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Website. We are not responsible for the availability or content of other website that may be linked to this Website. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this service or any information or goods that are available or advertised or sold through this service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this service or available through links in this Website, including, without limitation, User Submissions. We reserve the right to correct any errors or omissions in this Website. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials to this service, we do not guarantee or warrant that this Website or materials that may be downloaded from this Website do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Website and any materials available through this service, you do so solely at your own risk.

  13. Limitation of Liability
    You acknowledge that your use of the Website is exclusively at your own risk, and you agree that Nibduck, its parent and affiliates, and their directors, officers, managers, employees, shareholders, agents and licensors will not be liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Website or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Website (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Website.

  14. Severability and Integration
    Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Nibduck and governs your use of the Website, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

  15. No Waiver
    Our failure to enforce any provision(s) of the Agreement or respond to a breach by any party shall in no way waive its right to subsequently enforce any terms or conditions of the Agreement or respond to any breaches.

  16. Termination
    We may terminate this Agreement and/or suspend or terminate your access to the Website for any reason at any time by providing notice to you. Applicable sections of the Agreement shall survive any termination of your account or this Agreement.

  17. Choice of Law and Forum
    This Agreement shall be covered by and construed in accordance with the laws of England and Wales. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

  18. No Professional Advice
    Any information supplied by any employee or agent of Nibduck, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance, and does not constitute legal, tax, medical, accounting, or other professional advice. Similarly, we do not allow users to provide legal, tax, medical, accounting, or other professional advice to other users through the Website, and we have not confirmed the credentials of users who purport to be experts or specialists in any particular field. Accordingly, you agree not to treat any information you receive on or through the Website as professional advice or to rely on it as professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

  19. Miscellaneous
    You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nibduck as a result of this Agreement or your access to and use of the Website.

    A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.

User Submission Guidelines

Nibduck.com is a website provided by Nibduck Ltd ("Nibduck," "we," or "us"). As a Registered User, you can make a participation in our Website. These include article and blog comment threads, discussion forums, message boards, and other opportunities that we provide for you to submit, add, transmit, post, or provide written, photographic, audio, video, and other content (collectively, "User Submissions") to the Website.

These User Submission Guidelines are a part of the User General Terms and Conditions, and by using the Website or providing User Submissions you agree to these rules and the terms of the User General Terms and Conditions.

In order to keep the Website enjoyable and interesting for all of our users, we ask that you follow the rules outlined below. Failure to follow these rules may result in consequences including (but not limited to) rejection or removal of any User Submission, suspension or revocation of a user's account or ability to provide content to the Website, or the prosecution of a criminal or civil action, as appropriate.

  1. You understand and agree that you are fully responsible for the content that you post. You may not post a User Submission that violates any law, or may otherwise be objectionable or inappropriate. In particular, but without limiting the foregoing, you may not submit, add, transmit, post, or provide content to, on, or through the Service that, in our exclusive judgment::
    1. infringes on the copyright, trademark, patent or other intellectual property right of any third party;
    2. is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually explicit;
    3. violates a third party's right to privacy or publicity;
    4. degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual
    5. preference, disability or other classification;
    6. contains epithets or other language or material intended to intimidate or to incite violence;
    7. violates any applicable local, state, national or international law;
    8. constitutes or purports to include legal, tax, medical, accounting, or other professional advice;
    9. is designed to or could reasonably injure yourself, us, or any third party; or
    10. we believe in good faith to be otherwise objectionable or inappropriate.

  2. You understand and agree that Nibduck is not responsible for any User Submissions. We may review, remove, reject, or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject, or revise content that violates these rules or our User General Terms and Conditions, is otherwise objectionable, or for any other reason without prior notice.

  3. You agree to notify us if you believe that any User Submissions violate these Guidelines or the User General Terms and Conditions. While we may, from time to time, review User Submissions, we do not undertake to review all such material. If you notice that any User Submissions appear to violate these Guidelines or the User General Terms and Conditions, or if any other user ever makes you feel harassed or unsafe, please contact us by email (contact@nibduck.com) and indicating that you are reporting an abuse.

  4. You understand and agree that User Submissions may not contain any commercial material. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in the content you post, unless such promotion has previously been authorized in writing by Nibduck.

  5. You understand that you are not required to disclose personal information, including information about your travel plans or experiences, as a condition of using the Website, and agree not to post personal or sensitive information. We do not undertake to investigate or confirm the identities or statements of users, and so you should use the same care in disclosing information on the Website as you would in disclosing information about yourself to any person that you do not know. Specifically, you agree not to post personal information or information that could be considered sensitive in a public forum, and to disclose such information privately only if you know the person to whom you are disclosing it. If you choose to make such a private disclosure, you agree to assume all risks associated with that decision. If you ever question whether it is safe to disclose information about yourself of your travel plans, you should not disclose it. Instead, let us know about the situation by using the contact information in Section 3, above.

  6. You understand and agree that you use and/or rely on any information contained in User Submissions at your own risk. Nibduck is not in any manner endorsing the content that users post and cannot and will not vouch for its reliability. Nibduck also prohibits its users from offering (or claiming to offer) professional advice, and any user that claims to be offering such advice is doing so in violation of our User General Terms and Conditions. Instead of relying on the statements of any such person, you should notify us using the contact information listed in Section 3, above.

  7. You understand and agree that for any content that you post, you hereby grant to Nibduck the royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submissions in whole or in part, on a worldwide basis, and to incorporate them in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.

 

 

PRIVACY POLICY

Welcome to Nibduck.com (the "Website"), a website provided by Nibduck Ldt. ("Nibduck," "we," or "us"). This privacy policy describes how we treat the information we collect through the Website.


1. Information we collect
 

  • Personal Information.
    We receive and store any information that you choose to enter through the Website.
    This includes personal information, such as your name, e-mail address, telephone number, address, and other information about you that you may submit through the Website, including through any material that you post to your account page or other content that you provide on the Website.
    We may require that you provide some personal information in order to register and participate in certain features offered through the Website, including to post content and sign up for newsletters and alerts. In some cases, we may combine this information with personal information we have collected about you from other sources, such as affiliated companies and social networking sites (“SNS”) (including, but not limited to, Facebook).

  • Automatic Information.
    We may automatically collect some information about your computer when you visit the Website. For example, we may collect your IP address, Web browser software, and referring web site. We also may collect information about your activity on the Website, such as the activities in which you participate.

  • Cookies.
    The Website uses "cookie" technology for such purposes as enhancing your online experience by making it easier for you to navigate through the Website and making certain features work better. Cookies are text files which are commonly deposited by web sites on a user's hard drive when the user visits a website. The file identifies a user's computer and can record the user's preferences and other data about the user's site visit. We do not extract information about individual users during this process. Your web browser may enable you to disable cookies, but please note that certain services may not function correctly without it.


2. How we use this information
 

We may use the information we collect about you in certain ways in connection with our business. These uses include:

  • Providing you with the products and services you request;
  • Managing your account;
  • Responding to your questions and comments;
  • Providing you information about products and services offered the agencies;
  • Soliciting information and feedback from you, including through surveys and questionnaires, and for other editorial purposes;
  • Performing business analyses or for other purposes to improve the quality of our business, the Website, and the services we offer; and
  • As otherwise described to you at the point of collection or pursuant to your consent.


3. With whom we share this information

We may share the information we collect about you in limited circumstances, including:

  • With our authorized service providers that perform certain functions or services on our behalf (such as to host the Website, manage databases, or provide certain components of the Website);
  • To respond to subpoenas, court orders, or other legal process, in response to a request for cooperation from law enforcement or another government agency, or to establish or exercise our legal rights or defend against legal claims;
  • When we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, or as otherwise required by law;
  • To enforce our Travelers Terms and Conditions and other agreements, or otherwise protect or defend the rights or property of Nibduck, its affiliates, or others, or the safety of the public;
  • Under confidentiality arrangements, for business analyses (e.g., to match user data with third-party data);
  • In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale;
  • In aggregated or another non-personally identifiable form to third parties for various business purposes, including to improve the quality of our business, the Website, and the services we offer; and
  • As otherwise described to you at the point of collection or pursuant to your consent.


4. How you can access your information

 You can access and update the personal information you have provided on our website through your account.


5. User Submissions

Please keep in mind that whenever you voluntarily disclose personal information online in public forums, that information can be collected and used by others. For this reason, we encourage all Travelers to refrain from providing or sharing their personal information in article and blog comment threads, discussion forums, message boards, and other areas in which we allow Travelers to submit content to be made available to the public. For information on our requirements for user content, please see our User Submission Guidelines.


6. External links

If any part of the Website links you to other websites, those websites do not operate under this Privacy Policy. We recommend that you examine the privacy statements posted on those other sites to understand their procedures for collecting, using, and disclosing personal information.


7. Changes to this Privacy Policy

We may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by sending a notice to the e-mail address you provided to us or by placing a prominent notice on the Website.


8. How you can contact us

If you have any questions or concerns about this Privacy Policy, you may contact us by sending an email to contact@nibduck.com.  


AGENCIES GENERAL TERMS AND CONDITIONS

Welcome to Nibduck.com (the "Website"), a website provided by Nibduck Ldt. ("Nibduck," "we," or "us"). Portions of the Website are hosted by other companies with which we have service agreements.
By “Agencies” it is meant all local travel agencies and/or service providers which have subscribed to the service provided by Nibduck on the Website, a virtual window thanks to which they can offer to the Travelers packages of local activities (the “Service”).
These Agencies General Terms and Conditions, the Users Submission Guidelines and the Privacy Policy (the "Agreement") are a legal contract. By registering on the “Website” [CB1] the Agency is bound by all of the terms of the Agreement, and initiate the term of the Agreement Please read this Agreement carefully before subscribing to the Service.

We may restrict, suspend, or revoke your subscription and your registration or ability to access or use the Service and the Website, or any affiliated site, with or without prior notice, if you violate this Agreement.

1.       General

We reserve the right to change the terms of this Agreement or to modify any features of the Website at any time, so we encourage you to review the Agreement periodically before using the Website. The most current version of the Agreement can be viewed by clicking on the "Agencies General Terms and Conditions" link at the bottom of any page in the Website. By registering for this Website and/or continuing to use the Service after the posting of any changes, you agree to be bound by such changes. You are also required to comply with all applicable laws in connection with your access to and use of the Service, and such further limitations as may be set forth in any subsequent notice from Nibduck. As a condition of your access and use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by the Agreement.

2.       Subscribing to the Service - Term

You may subscribe to the Service by submitting an order via the Website.

There are three types of subscriptions available:

  • a Casual subscription for an unlimited period and the registration of only 1 package.
  • a Seasonal subscription for a 1 month period starting from the subscription date and the registration of unlimited packages
  • an Annual subscription for a 12 month period starting from the subscription date and the registration of unlimited packages

Other features will be offered to Agencies subsbscribing to a Sesonal or Annual plan, including but not only: display in Social Media related to Nibduck, integration in newsletters if any, translation (only for Annual subscribers) and discounts on renewal.

An optional monthly advertisement space is available to all our registered Agencies on the Official Tourism Board Nibduck's page (related to the location of their package). To be displayed in this specific space, you will need to place an order via the website.

The number of times your package will be displayed on this specific page, will depend on the total number of packages linked to this specific location. We do not guarantee a certain number of displays.

At the end of your Sesonal or Annual subscription period, your subscription will be transformed into a Casual subscription and we will only display the latest package registered in our databse.

We will not be legally bound to provide the Service to you until we have received complete payment of the charge for the relevant subscription and until you have accepted this Agreement, at which point we will activate your account.

You will be required to register in order to create and then to access your account (the “Agency Account”) on the Website.


3.         Price and payment

The price for

  • a Casual subscription is 0 $US excluding VAT
  • a Sesonal subscription is 20 $US per month excluding VAT
  • an Annual subscription is 100 $US per year excluding VAT

The option for the advertisement space on the related Official Tourism Board page costs:

  • 10 $US per month for a Casual subscription
  • 5 $US per month for a Seasonal subscription
  • 0 $US per month for an Annual subscription

Payment shall be made online in US Dollars by Paypal.


4.         Registration and Access Controls

In order to access the Service, you must register to create an Agency Account and become a Registered Agency.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via the Website as described below. As part of the functionality of the Website, you may link your account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Nibduck through the Website; or (ii) allowing Nibduck to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Nibduck and/or grant Nibduck access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Nibduck to pay any fees or making Nibduck subject to any usage limitations imposed by such third party service providers. By granting Nibduck access to any Third Party Accounts, you understand that Nibduck will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Website via your account and profile page. Unless otherwise specified in this Agreement, all SNS Content, if any, will be considered to be User Submission for all purposes of this Agreement. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Nibduck’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website. You have the ability to disable the connection between your account on the Website and your Third Party Accounts, at any time, by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Nibduck makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Nibduck is not responsible for any SNS Content.

We will create your account and your profile page for your use of the Website based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one active account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Nibduck reserves the right to suspend or terminate your account and your access to the Website if you create more than one (1) account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify Nibduck of any unauthorized use of your account.


5.         The Agency Account

In order to use the Service, you shall complete the following information on your Agency Account, for each tour (“Package”) you provide:

  • Name of the Package
  • Detailed description of the Package:
    • its exact geographical localization
    • detailed list of included activities,
    • detailed list of all services/activities which are NOT included,
    • level required (novice, intermediate, pro),
    • length of time (days or hours),
    • accommodation and types of accommodation, if any,
    • Price (and currency) and special discount applicable for Travelers coming from Nibduck,
    • Target customers (single persons, couples, families, children, groups, solo travelers…),
  • Photos,
  • Tags (keywords related to the “package” which will lead the Travelers researches).

If one of the above mentioned information is missing, we reserve the right to suspend or revoke your Agency Account and subscription, without any financial compensation or reimbursement of your subscription fees.


6.       Agencies Content and Communications

The Service allows you to post content on your Agency Account and to be contacted by Travelers via email. This content you may post may include text, images, photographs, audio, video, or material in any other form that is stored on, posted on, or transmitted to or through the Website (collectively, " Submissions"). By posting, uploading, adding, communicating, storing, or otherwise transmitting Submissions on, to, or through the Website, you understand and agree that you are giving us a royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions in whole or in part, on a worldwide basis, and to incorporate them in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.

By using the Service and by making Submissions, you represent that you have read and agree to abide by our User Submission Guidelines, which forms a part of this Agreement.

You are solely responsible for the content you provide. If we become aware of Submissions that violate this Agreement or our User Submission Guidelines or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.

If you notice that any other Submissions appear to violate this Agreement or the User Submission Guidelines, or if any other user ever makes you feel harassed or unsafe, please contact us by sending an email to this address (contact@nibduck.com) indicating that you are writing us about an abuse.

You understand and agree that Submissions are neither owned by nor provided by Nibduck, and that we are in no way responsible for such Submissions or any related conduct or practices.

 7.       Our Copyright Rights

This Website (including, but not limited to, text, photographs, graphics, video and audio content) is protected by intellectual property rights.  All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in the Website shall remain vested in Nibduck or its licensors.  

Except for content you have posted on the Website, or unless expressly permitted by us, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Website, except that you may download material from this Website for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Website over any network, including a local area network, nor sell or offer it for sale.

The Website has been specially designed for presentation of content in a unique format and appearance to the Travelers. Without limiting the provisions of the preceding paragraph, neither you nor any third party shall make use of the contents of the Website in any manner—including by hyperlinking—that constitutes an infringement of our rights, including our copyright rights or any use that has not been authorized by us. Among other restrictions, you agree not to republish or link to our content in a setting that includes advertising or other materials that we have not authorized to be displayed with the Website.


8.       Trademark Rights

All rights in the product names, company names, trade names, logos, product packaging, and designs of all Nibduck or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or to their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark of Nibduck or any third party.


9.       Privacy

Your use of the Website is governed by our Privacy Policy. By using the Service, you indicate that you understand and agree to the practices described in the Privacy Policy.


10.    Agency’s duties and prohibited conduct

 You warrant that:

a.     All information provided by you or any third party acting for your Agency is exact,
b.     Prices of the Packages you offer on the Website thanks to the Service are cheaper or at least equivalent to those on your website,

You undertake:

c.     to update packages, prices and discounts regularly,
d.     to regularly post some blog contents for the Website (‘stories’),
e.     to answer Travelers requests about your Package(s) and other information,

 You agree not to:

f.      delete or revise any material or other information of any other Agency, Traveler, Nibduck, or any third party;
g.     harvest or otherwise collect information about others, including e-mail addresses, without their consent;
h.     take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
i.      use any device, software, or routine to interfere or attempt to 

 


 

 OFFICIAL TOURISM BOARDS GENERAL TERMS AND CONDITIONS

Welcome to Nibduck.com (the "Website"), a website provided by Nibduck Ldt. ("Nibduck," "we," or "us"). Portions of the Website are hosted by other companies with which we have service agreements.

By “Official Tourism Boards” it is meant all local, regional or national offical tourism representatives which have subscribed to the service provided by Nibduck on the Website, a virtual window thanks to which they can offer to the Travellers and visitors information about their Destination (the “Service”).

These Official Tourism Boards General Terms and Conditions, the Users Submission Guidelines and the Privacy Policy (the "Agreement") are a legal contract. By registering on the “Website” [CB1] the Official Tourism Board is bound by all of the terms of the Agreement, and initiate the term of the Agreement Please read this Agreement carefully before subscribing to the Service.

 We may restrict, suspend, or revoke your subscription and your registration or ability to access or use the Service and the Website, or any affiliated site, with or without prior notice, if you violate this Agreement.

 1.       General

We reserve the right to change the terms of this Agreement or to modify any features of the Website at any time, so we encourage you to review the Agreement periodically before using the Website. The most current version of the Agreement can be viewed by clicking on the "Offical Tourism Boards General Terms and Conditions" link at the bottom of any page in the Website. By registering for this Website and/or continuing to use the Service after the posting of any changes, you agree to be bound by such changes. You are also required to comply with all applicable laws in connection with your access to and use of the Service, and such further limitations as may be set forth in any subsequent notice from Nibduck. As a condition of your access and use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by the Agreement.

2.       Subscribing to the Service - Term

The use of the Website is currently free to all Official Tourism Boards.

From time to time, we may make supplemental products or services available to Official Tourism Boards on the Website, and these supplemental products or services may require payment of a fee in exchange for their purchase or use. If we make available products or services that require payment, we will notify you of the cost of those services before you incur those costs.

 You will be required to register in order to create and then to access your account (the “Official Tourism Board Account”) on the Website.
 

3.       Registration and Access Controls

In order to access the Service, you must register to create an Offical Tourism Board Account and become a Registered Offical Tourism Board.

You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via the Website as described below. As part of the functionality of the Website, you may link your account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Nibduck through the Website; or (ii) allowing Nibduck to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Nibduck and/or grant Nibduck access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Nibduck to pay any fees or making Nibduck subject to any usage limitations imposed by such third party service providers. By granting Nibduck access to any Third Party Accounts, you understand that Nibduck will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Website via your account and profile page. Unless otherwise specified in this Agreement, all SNS Content, if any, will be considered to be User Submission for all purposes of this Agreement. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Nibduck’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website. You have the ability to disable the connection between your account on the Website and your Third Party Accounts, at any time, by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Nibduck makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Nibduck is not responsible for any SNS Content.

We will create your account and your profile page for your use of the Website based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one active account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Nibduck reserves the right to suspend or terminate your account and your access to the Website if you create more than one (1) account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify Nibduck of any unauthorized use of your account.
 

4.       The Offical Tourism Board Account

In order to use the Service, you shall complete the following information on your Offical Tourism Board Account, for the "Destination" you provide:

  •  name of the "Destination"
  • logo of the Official Tourism Board representing the "Destination"
  • a background picture
  • detailed description of the "Destination"
  • its exact geographical localization
  • detailed list of things to do around the "Destination" (including photos, titles and descriptions)
  • an official email to be contacted by our visitors and Travellers,
  • official Facebook page and Twitter account related to the "Destination", if any,
  • information on "When to go?", "Weather conditions", "Getting there", "Other information"
  • a gallery of pictures of the main attractions in the Destination area,
  • travel tips (including photos, titles and descriptions)
  • detailed list of events happening in or around the "Destination" in the forthcoming years,
  • Tags (keywords related to the “Destination” which will lead the Travelers researches).

If one of the above mentioned information is missing, we reserve the right to suspend or revoke your Offical Tourism Board Account and subscription, without any financial compensation.
 

5.       Offical Tourism Boards Content and Communications

The Service allows you to post content on your Offical Tourism Board Account and to be contacted by Travelers via email. This content you may post may include text, images, photographs, audio, video, or material in any other form that is stored on, posted on, or transmitted to or through the Website (collectively, " Submissions"). By posting, uploading, adding, communicating, storing, or otherwise transmitting Submissions on, to, or through the Website, you understand and agree that you are giving us a royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions in whole or in part, on a worldwide basis, and to incorporate them in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.

By using the Service and by making Submissions, you represent that you have read and agree to abide by our User Submission Guidelines, which forms a part of this Agreement.

You are solely responsible for the content you provide. If we become aware of Submissions that violate this Agreement or our User Submission Guidelines or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.

If you notice that any other Submissions appear to violate this Agreement or the User Submission Guidelines, or if any other user ever makes you feel harassed or unsafe, please contact us by sending an email to this address (contact@nibduck.com) indicating that you are writing us about an abuse.

You understand and agree that Submissions are neither owned by nor provided by Nibduck, and that we are in no way responsible for such Submissions or any related conduct or practices.
 

6.       Our Copyright Rights

This Website (including, but not limited to, text, photographs, graphics, video and audio content) is protected by intellectual property rights.  All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in the Website shall remain vested in Nibduck or its licensors.  

Except for content you have posted on the Website, or unless expressly permitted by us, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Website, except that you may download material from this Website for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Website over any network, including a local area network, nor sell or offer it for sale.

The Website has been specially designed for presentation of content in a unique format and appearance to the Travelers. Without limiting the provisions of the preceding paragraph, neither you nor any third party shall make use of the contents of the Website in any manner—including by hyperlinking—that constitutes an infringement of our rights, including our copyright rights or any use that has not been authorized by us. Among other restrictions, you agree not to republish or link to our content in a setting that includes advertising or other materials that we have not authorized to be displayed with the Website.
 

7.       Trademark Rights

All rights in the product names, company names, trade names, logos, product packaging, and designs of all Nibduck or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or to their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark of Nibduck or any third party.
 

8.       Privacy

Your use of the Website is governed by our Privacy Policy. By using the Service, you indicate that you understand and agree to the practices described in the Privacy Policy.
 

9.    Offical Tourism Board’s duties and prohibited conduct

You warrant that: 

a.     All information provided by you or any third party acting for your Offical Tourism Board is exact,
b.     to update information regularly,
c.     to regularly post some blog contents for the Website (‘stories’),
d.     to answer Travelers requests about your Destination and other information,

 You agree not to:<