Terms of Service
PRCPTION Travel and its projects do indeed run off the engine of human cooperation, but it's necessary to remember that this vision is still becoming reality in our world today. And things like legal text is still required--just in case there are some misunderstandings. This legalese is here to make sure both the PRCPTION Travel network and its community members are all under the same understanding of what our purposes and your participation entail.
That said, remember that if we ever have an issue with your behavior on any PRCPTION Travel related application, we will contact you before taking drastic measures. Should anything become of concern for you, we encourage you to do the same by using our Contact Form.
The legalese here is founded on Automaticc's open-source legal documents and is used under the Creative Commons Attribution-ShareAlike 4.0 International license.
The following terms and conditions ("Terms") govern all use of the www.PerceptionTravel.tv and www.Perceptions.Live websites and all content, services, and products available at or through the website, including, but not limited to, www.PerceptionTravel.tv ("PRCPTION Travel"), www.Perceptions.Live ("Perceptions.Live"), and/or www.Pele.io (Pele Video Editing Services) (taken together, our "Services"). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PRCPTION Travel's Privacy Policy and procedures that may be published from time to time by PRCPTION Travel (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
We refer to PRCPTION Travel, Inc., the Perceptions.Live project, and PELE Video Editing Services collectively as “PRCPTION Travel” or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by PRCPTION Travel, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of some of our Services requires an account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Description.
PRCPTION Travel is a non-profit organization that spreads positive images of the people of the world. Perceptions.Live is a collaborative media networking platform intended to connect creative collaborators. PELE Video Editing Services is a for-profit endeavor aiming to offer creative video services to anyone requiring them.
License.
By submitting material to PRCPTION Travel or Perceptions.Live, you grant us permission to modify, edit, remix, manage, and distribute your material, both digitally and physically, around the world on any digital or physical platform that we choose. This will most frequently take place online on the PRCPTION Travel websites, YouTube, Vimeo, or other video hosting platforms. Occasionally PRCPTION Travel may choose to use your media in in promotional material for a physical event or promotional activity such as a fundraiser.
By submitting material to PELE Video Editing Services, you grant us permission to modify, edit, remix, and manage your material. This includes providing your footage to our expanded team of editors for editing. If your video was edited or created free of charge, or under any promotional discount, we may choose to use your media as promotional material for a physical event or promotional activities. Please specify in writing at the time of submission if you would prefer to opt out of this.
You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your submitted content on our servers for the purposes of the PRCPTION Travel platforms. We reserve the right to deny your content for any reason. In the case of a limited supply of video editors, we reserve the right to hold your submitted material in reserve.
By soliciting the services provided by PRCPTION Travel, Perceptions.Live, and PELE Video Editing Services, you acknowledge that there may be a watermark, logo, website URL, or similar visual either overlaid on your content, added to the end, or present in some other manner. You also acknowledge that your raw footage may be used as online video content, either real-time livestream or in post-production, on platforms such as YouTube, Vimeo, Twitch.tv, and others.
Prohibited Uses.
You may not use PRCPTION Travel for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to the website or delete your content if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
When using PRCPTION Travel, you agree not to:
Publish material or engage in activity that is illegal under applicable law.
Use our systems to overburden PRCPTION Travel's systems, as determined by us in our sole discretion.
Disclose the sensitive personal information of others.
Send spam or bulk unsolicited messages.
Interfere with, disrupt, or attack any service or network.
Distribute material that is or enables malware, spyware, adware, or other malicious code.
Cancellation.
If you choose to delete your account, please contact us using the website form or at [email protected]
Content Removal.
This is a community-building platform. If for any reason you are not happy with a piece of content you are directly or indirectly associated with any of our platforms, please contact us using the website form or at [email protected] PRCPTION Travel reserves the right to decline your request and all changes made to the Perceptions.Live platform are determined by us in our sole discretion.
Third Party Services.
It's a hassle, but certain aspects of the modern internet are not attainable on a low budget without the use of Third Party Services. For our websites, these include, but are not limited to:
YouTube
Vimeo
Google Fonts
Google Mail
Files.fm
Zoho Mail
Mailchimp
We're trying to convert over to open source solutions as soon as possible. But in the meantime: by using our websites, you understand that your data might be collected and tracked by any of the preceding companies and their partners.
Your Responsibilities.
You are solely responsible for all of your activities using PRCPTION Travel in any form. You should use your best judgment when submitting content which includes other people, including their children or sensitive activities. PRCPTION Travel reserves the right to deny or delete your content in our sole discretion. We are not involved in your relationships and interactions you create on our websites unless there is a dispute that requires mediating, in which case you will be contacted regarding the matter.
Responsibility of Visitors.
PRCPTION Travel does its best to review all content submitted to our services however it does not guarantee it has caught all material that may not belong. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PRCPTION Travel disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PRCPTION Travel link, and that link to PRCPTION Travel. PRCPTION Travel does not have any control over those non-PRCPTION Travel websites, and is not responsible for their contents or their use. By linking to a non-PRCPTION Travel website, PRCPTION Travel does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PRCPTION Travel disclaims any responsibility for any harm resulting from your use of non-PRCPTION Travel websites and webpages.
Copyright Infringement and DMCA Policy.
As PRCPTION Travel asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PRCPTION Travel violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act ("DMCA") Policy. PRCPTION Travel will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PRCPTION Travel will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PRCPTION Travel or others. In the case of such termination, PRCPTION Travel will have no obligation to provide a refund of any amounts previously paid to PRCPTION Travel.
Intellectual Property.
This Agreement does not transfer from PRCPTION Travel to you any PRCPTION Travel or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with PRCPTION Travel. PRCPTION Travel, perceptiontravel.tv, perceptions.live, PRCPTION Travel logo, and all other trademarks, service marks, graphics and logos used in connection with PRCPTION Travel or our Services, are trademarks or registered trademarks of PRCPTION Travel or PRCPTION Travel's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any PRCPTION Travel or third-party trademarks. (If you're interested in this, please contact us.
Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination.
PRCPTION Travel may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or PRCPTION Travel account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
Our Services are provided "as is." PRCPTION Travel and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PRCPTION Travel nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in California.
Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in California, or somewhere else, or online, in the English language and the arbitral decision may be enforced in any court. Probably not, but maybe. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
Limitation of Liability.
In no event will PRCPTION Travel, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PRCPTION Travel under this Agreement during the twelve (12) month period prior to the cause of action. PRCPTION Travel shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that your use of our Services:
Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.
US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and PRCPTION Travel reserves the right to terminate accounts or access of those in the event of a breach of this condition.
Indemnification.
You agree to indemnify and hold harmless PRCPTION Travel, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
Translation.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous.
This Agreement constitutes the entire agreement between PRCPTION Travel and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PRCPTION Travel, or by the posting by PRCPTION Travel of a revised version.If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PRCPTION Travel may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
