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Agreement to Terms of Use

The Site is the property of Pond Limited, LLC.  BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS SITE. You also understand and agree that the Site may include advertisements. You also understand and agree that the Site may include certain communications from Pond Limited, LLC, such as service announcements, administrative messages, newsletters and other email. Unless explicitly stated otherwise, any new features that augment or enhance the current Site or services provided by the Site, shall be subject to these Terms of Service.

Changes to Terms of Use

Pond Limited, LLC reserves the right to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check the Terms of Use for any changes, which become effective upon posting. 

The Service Provided

THE SITE, THE GUIDES PROVIDED AND ASSOCIATED MATERIAL ARE ONLY FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE. You agree that when you make a purchase, you will not allow others to use your assigned User Name and/or password, and that you will obey any end user or other license agreements included with any materials provided to you. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the "Registration Data"). The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pond Limited, LLC has no control over such sites and resources, you acknowledge and agree that Pond Limited, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

Use of Downloaded Guides, Files and Materials

The Guide Commentaries and other materials on this website (collectively, Content) are owned by Pond Limited, LLC and are protected by intellectual property laws. You understand that the your use of the downloaded Stroll story-tours is subject to both the usage rules listed in these Terms of Use as well as in any supplemental agreements you may be provided with or agree to prior to downloading the materials. You may not authorize, encourage or allow any Content, including any guide Commentaries or other materials downloaded by you to be reproduced, modified, performed, transferred, distributed or otherwise used by anyone else. You agree to advise Pond Limited, LLC promptly of any such unauthorized use. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with any limitations or protections (including any DRM protections) placed on any portions of the Site or of the materials, or described in these Terms of Use.

Purchased Stroll Story-Tours

A Purchased Stroll Story-Tour is a guide that you may (1) save to your hard drive, (2) unzip and burn to a CD and/or transfer to a compatible portable device. Any security technology that is provided with a purchased guide is an inseparable part of it and may not be altered, removed, reverse engineered or tampered with. It is your own responsibility not to lose damage or destroy purchased guides.

Availability of Downloads

Pond Limited, LLC will make every effort to make its advertised guides available for download. On occasions, technical and other problems may delay or prevent delivery of your product. Your exclusive and sole remedy in respect of product that is not available for download within the agreed timescale (normally within 3 days of purchase) will be to contact customer service via email at info@strollsanfrancisco.comand receive a download of the product when the service becomes available.

Burning a Stroll Story-Tour to CD

You may burn a purchased guide to CD up to 5 times provided that you agree not to copy, distribute or transfer the guide to any other device (except as permitted in these Terms of Use).

Burning or transferring the guides shall not waive any rights of the copyright owners in respect of the files or media burned or transferred.

Transferring a Stroll Story-Tour to a Portable Player

You may transfer a purchased guide any number of times to a single portable device. Once transferred to a portable device, you agree not to copy, distribute or transfer it from that device to any other media.

Burning or transferring the guides shall not waive any rights of the copyright owners in respect of the files or media burned or transferred.

Technical Requirements

You acknowledge that the use of Stroll products requires the use of other hardware and software tools to enable the guides to be played (e.g. a PC to enable the download, a means of unzipping the files and a portable device on which to play the commentaries). This hardware and software is your sole responsibility. Once a product has been downloaded and you receive it, Pond Limited, LLC shall be without liability to you in the event of its loss damage or destruction.

Withdrawal of Guides

Pond Limited, LLC reserves the right to withdraw any Stroll Story-Tour from sale. In such an event, you will no longer be able to purchase such a Guide.

Pricing

Pond Limited, LLC reserve the right to change the price of any Stroll Story-Tour or guide at any time.

Taxes

All prices are inclusive of any applicable taxes. No customers are eligible for tax exemption.

Suitability of Content

All commentaries are designed to be informative and suitable for a family audience.

Safety

While Stroll Story-Tours direct you to well-populated, visitor-friendly areas, and every guide has been tested by our staff, you are responsible to be aware of your surroundings at all times while listening to a guide. Pond Limited, LLC is not responsible for any theft of property or other criminal acts or accidents that may happen to persons while they are listening to a Story-Tour.

Privacy

Your Privacy is respected and important to us. Our Privacy Policy can be found on this web site.

Intellectual Property

All logos, trade names and other indicators of origin that appear on the Site together with the design structure look and feel of the Site and the Stroll Story-Tours and other Content offered for sale are the property of Pond Limited, LLC or its licensors.  You may not copy, display or use these marks or material without the prior written consent of Pond Limited, LLC.

Your Use of the Stroll Site

You may not access, acquire, copy, mirror or monitor any portion of the Site or any of the Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Pond Limited, LLC reserves the right to bar any such activity at any time.

Authorized Access to the Stroll San Francisco Site

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Pond Limited, LLC server, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means.

Interference with the Stroll San Francisco Site

You may not probe, scan or test the vulnerability of the Site, nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Pond Limited, LLC to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Pond Limited, LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Denial of Service

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site.

Lawful Use of the Stroll Site

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Pond Limited, LLC or others.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions.

Disclaimer of Warranties; Limitation of Liability

POND LIMITED, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME POND LIMITED, LLC MAY REMOVE THE  SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU. POND LIMITED, LLC DOES NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND POND LIMITED, LLC DISCLAIM ANY LIABILITY RELATING THERETO.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE AND THE CONTENT IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS SERVICES DELIVERED TO YOU THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO THE CONTENT, THE GUIDES AND RELATED MATERIALS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND POND LIMITED, LLC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS DOWNLOADED FROM THE SITE.

General

The Terms of Service constitute the entire agreement between you and Pond Limited, LLC and govern your use of the Site, superceding any prior agreements between you and Pond Limited, LLC. You also may be subject to additional terms and conditions that may apply when you purchase products, use or purchase certain other Pond Limited, LLC services, affiliate services, third-party content or third-party software.  The Terms of Service and the relationship between you and Pond Limited, LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Pond Limited, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California.  The failure of Pond Limited, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 
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