Terms of Use
Introduction
1. Contract
By using our Services you agree to these Terms of Use, as well as to our Cookie Policy, Privacy Policy, and Data Processing Agreement (“DPA”).
By clicking “Sign Up” or similar, registering, accessing or using our Services (described below), you are agreeing to a legally binding contract with PETIT PASSEPORT (including if using our Services on behalf of a company). If you do not agree to this contract (“Contract”, “Terms of Use” or “Terms”), do not click “Sign Up” or similar and do not access or otherwise use any of our Services. To terminate this contract at any time, you may close your account and no longer access or use our Services.
This Contract applies to PETITPASSEPORT.com and other PETIT PASSEPORT communications and Services (“Services”). Registered users of our Services are “Members” and unregistered users are “Visitors”.
You are entering into this Contract with PETIT PASSEPORT LLC (also referred to as “PETIT PASSEPORT”, “we” and “us”).
1.1 This Contract applies to Members and Visitors.
As a Visitor or Member of our Services, the collection, use and sharing of your personal data, including data you provide on behalf of others (e.g., your employer), is subject to our Privacy Policy, Cookie Policy, and DPA.
1.2 Members and Visitors
When you register and join PETIT PASSEPORT, you become a “Member”. If you have not registered for our Services, you may access certain features of the PETIT PASSEPORT website and communications as a “Visitor”.
1.3 Change
We may modify this Contract, our Privacy Policy, our Cookie Policy and our DPA from time to time. If we make material changes to it, we will notify you through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account and no longer access or use our Services. Your continued use of our Services after we publish or send a notice about our changes to the Contract means that you are agreeing to the updated Contract terms as of their effective date.
2. Obligations
2.1 Service Eligibility
By entering into this Contract, you agree that: (i) you are at least 16 years old, or if law requires that you must be older than 16 years old in order for PETIT PASSEPORT to lawfully provide the Services to you without parental consent (including using of your personal data) then you are at least the minimum age required by law to use the Services; (ii) you will only have one PETIT PASSEPORT account, which must be in your real name; and (iii) you are not already restricted by PETIT PASSEPORT from using the Services.
Creating an account with false information is a violation of our Terms, including accounts registered on behalf of others.
2.2 Your Account
If you are a registered Member, you agree to: (i) use a strong password and keep it confidential; (ii) not transfer any part of your account; and (iii) follow the law, our User Guidelines, and our Community Policy. Unless you close it or report misuse, you are responsible for your account activity.
Your account belongs to you. However, if the Services were purchased by another party for you to use (e.g., Paid Services purchased by your employer), the party paying for such Service has the right to control access to and get reports on your use of such Paid Service; however, they do not have rights to your personal account.
2.3 Fees and Payment
If you buy any of our paid Services (“Paid Services”), you agree to pay us the applicable fees and taxes and to any additional terms specific to the Paid Services. Failure to pay applicable fees will result in the termination of your Paid Services. Also, you agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).
Your purchase may be subject to a credit check (e.g., for Subscription services).
We may store and continue billing your payment method (e.g., credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
If you purchase a Subscription, your payment method will automatically be charged at the start of each Subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Go to Account Settings or contact us to cancel your Paid Services.
All purchases of Services are subject to PETIT PASSEPORT’s Refund Policy.
You can get a copy of your invoice through your Account Settings under “Orders”.
2.4 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (i) within the Service, or (ii) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please keep your Account Settings updated to control and limit messages you receive from us.
2.5 Sharing
Our Services allow select sharing of information and content, such as reviews or comments from community members, information and media supplies by third-parties, or Content Postings through Paid Services. Information and content that you share may be seen by other Members, Visitors or others (including off of the Services). To change who can see content or information, go to Account Settings or indicate your preferences at the time of sharing information through the Services. If you access a third-party resource through our Service (such as a third-party sponsored promotional contest or giveaway), our default is to share your information only with the content poster.
We are not obligated to publish or share any information or content on our Service and can remove it with or without notice. See our User Guidelines and Community Policy for more information.
3. Rights and Limits
3.1. Your License to PETIT PASSEPORT
As between you and PETIT PASSEPORT, you own the content and information that you submit or post to the Services, and you are only granting PETIT PASSEPORT a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services without any further consent, notice or compensation to you or others.
You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except: (i) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it; and (ii) for the time it reasonably takes to remove from backup and other systems.
We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including Promoted Content). However, we have the right, without payment to you or others, to display sponsored content or advertisements near your content and information.
If we want to give others the right to publish your content beyond the Services, we will first obtain your consent to do so.
While we may edit and make format changes to your content (such as modifying the size, layout or file type), we will not modify the meaning of your expression.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
You and PETIT PASSEPORT agree that if content includes personal data, it is subject to our Privacy Policy and DPA.
You and PETIT PASSEPORT agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding our Services to PETIT PASSEPORT, you agree that PETIT PASSEPORT may use and share, but is not obligated to do so, such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. PETIT PASSEPORT may be required by law to remove certain information or content in certain instances.
3.2 Service Availability
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
We don’t promise to store or keep showing any information and content that you’ve posted. PETIT PASSEPORT is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
3.3 Other Content, Sites and Apps
PETIT PASSEPORT generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
PETIT PASSEPORT may advertise Member or Customer services (e.g., travel properties, services, products, etc.) to Members or Customers seeking services. PETIT PASSEPORT does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that PETIT PASSEPORT does not supervise, direct, control or monitor Customers or Members in the performance of these services and agree that: (i) PETIT PASSEPORT is not responsible for the offering, performance or procurement of these services; (ii) PETIT PASSEPORT does not review and/or vet any of these services; (iii) PETIT PASSEPORT does not endorse any particular Customer’s or Member’s offered services; and (iv) nothing shall create an employment, agency, or joint venture relationship between PETIT PASSEPORT and any Customer or Member offering services. If you are a Customer or Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Community Policy.
PETIT PASSEPORT may also help you register for or attend events organized by Customers or Members. You agree that: (i) PETIT PASSEPORT does not endorse any particular event listed on our Services; (ii) PETIT PASSEPORT is not responsible for the conduct of the event Sponsor / host, other PETIT PASSEPORT Customers or Members, or other attendees at such events; (iii) PETIT PASSEPORT does not review and/or vet any of these events; and (iv) that you will adhere to terms and conditions that apply to such events.
3.4 Restrictions
PETIT PASSEPORT reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the User Guidelines or Community Policy).
3.5 Intellectual Property Rights
PETIT PASSEPORT reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. PETIT PASSEPORT, its logo, and other PETIT PASSEPORT trademarks used for our Services are trademarks of PETIT PASSEPORT.
3.6 Information Processing
We use the information and data that you provide and that we have about Members and Visitors to make recommendations for content, resources and features that may be useful to you. For example, we use data and information about you to recommend content to you and you to content posters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
4. Disclaimer and Limitation of Liability
4.1 Disclaimer of Warranties
PETIT PASSEPORT MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PETIT PASSEPORT DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS PETIT PASSEPORT HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT, PETIT PASSEPORT WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
PETIT PASSEPORT WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS: (I) THE TOTAL FEES PAID OR PAYABLE BY YOU TO PETIT PASSEPORT FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY; OR (II) US $1,000; WHICHEVER IS THE LESSER OF THE TWO.
4.3 Exclusions
THE LIMITATIONS OF LIABILITY IN THIS SECTION 4 SHALL APPLY TO ALL CLAIMS OF LIABILITY EVEN IF PETIT PASSEPORT HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY OR FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, OR IN CASES OF NEGLIGENCE WHERE A MATERIAL OBLIGATION HAS BEEN BREACHED, A MATERIAL OBLIGATION BEING SUCH WHICH FORMS A PREREQUISITE TO OUR DELIVERY OF SERVICES AND ON WHICH YOU MAY REASONABLY RELY, BUT ONLY TO THE EXTENT THAT THE DAMAGES WERE DIRECTLY CAUSED BY THE BREACH AND WERE FORESEEABLE UPON CONCLUSION OF THIS CONTRACT AND TO THE EXTENT THAT THEY ARE TYPICAL IN THE CONTEXT OF THIS CONTRACT.
5. Termination
5.1 Both you and PETIT PASSEPORT may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: (i) Our rights to use and disclose your feedback; (ii) Members and/or Visitors’ rights to further re-share content and information you shared through the Services; (iii) Sections 4, 6, 7, and 8.2 of this Contract; (iv) Any amounts owed by either party prior to termination remain owed after termination.
5.2 You can go to your Account Settings or contact us to close your account.
6. Governing Jurisdiction and Dispute Resolution
6.1 This Agreement is governed by the laws of the State of Kansas, US.
6.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of the State of Kansas, US. The prevailing party in any litigation may seek to recover its legal fees and costs. Notwithstanding the foregoing, if you have your registered office within the European Union, PETIT PASSEPORT may agree to facilitate referral of a dispute to the American Dispute Resolution Center (ADRC) in the first instance where, due to the nature of the dispute, such referral is likely to bring about a prompt and definitive resolution.
7. General Terms
7.1 If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
7.2 This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
7.3 If we don't act to enforce a breach of this Contract, that does not mean that PETIT PASSEPORT has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that PETIT PASSEPORT may assign this Contract to a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
7.4 You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. User Guidelines
PETIT PASSEPORT is a community of professionals. This list of Obligations and Restrictions along with our Community Policy limit what you can and cannot do on our Services.
8.1. Obligations
You agree that you will: (i) comply with all applicable laws; (ii) provide accurate information and keep it updated; and (iii) use the Services in a professional manner.
8.2. Restrictions
You agree that you will not: (i) create a false identity or misrepresent your identity, create a Member profile for anyone other than yourself, or use or attempt to use another’s account; (ii) develop, support or use software or any other means or processes to scrape the Services or otherwise copy profiles and other data from the Services; (iii) override any security feature or circumvent any access controls or use limits of the Service; (iv) copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties, without the consent of PETIT PASSEPORT; (v) disclose information that you do not have the consent to disclose; (vi) violate the intellectual property rights of others; (vii) violate the intellectual property or other rights of PETIT PASSEPORT; (viii) Post anything that contains software viruses, worms, or any other harmful code; (ix) imply or state that you are affiliated with or endorsed by PETIT PASSEPORT without our express consent (e.g., representing yourself as a PETIT PASSEPORT partner); (x) monetize the Services or related data or access to the same, without PETIT PASSEPORT’s consent; (xi) use automated methods (e.g., bots) to access the Services, or to submit comments or other content; (xii) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; (xiii) interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or (xiv) violate the Community Policy or any additional terms concerning a specific Service that are provided when you sign up for the Service.
9. Complaints Regarding Content
We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. For complaints concerning content posted by our Members, please Contact Us.
10. Contact Information
For general inquiries, you may contact us via our Contact Us form. For legal notices or service of process, you may contact us at 2000 E. 13th, Hays, KS 67601.