Terms of Service

  1. Your Acceptance

Welcome to the Terms of Service for OKTours.com a website for the company, OK Tours, LLC. This is an agreement (“Agreement”) between OK Tours, LLC, a Texas company (“OK Tours, LLC”), the owner and operator of OKTours.com(the “Site” and any “Services”) and you (“you” or “your” or “user(s)”), a user of the Site and Service. This Agreement is legally binding and governs your use of our Site and Service.

Throughout this document, the words “OK Tours, LLC,” “us,” “we,” and “our,” refer to our company, OK Tours, LLC. and our website, OKTours.com, or our Service, OK Tours, LLC, as is appropriate in the context of the use of the words. All information submitted by you to us, such as data, text, sound, photographs, graphics, video, messages, tags or other materials for hosting, display, and distribution shall be referred to as “Content”.

Please read the Terms of Service and the Privacy Policy before using our Site or Service. By using or accessing our Site and using any of our Services, you acknowledge and agree to these terms and agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy, your continued use of our Site or Service will constitute acknowledgement and consent to any amendments made within the Privacy Policy and Terms of Service.

If you do not agree to the Terms of Service or the Privacy Policy please stop using our Site immediately. Additionally, users of our Service must be above the age of 18. If you are under the age of 18 please stop using our Site immediately.

  1. Your Responsibilities

You are responsible for your use of OK Tours, LLC, and for any use of OK Tours, LLC made using your username and account. You agree not to access, copy, or use OK Tours, LLC, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by OK Tours, LLC.

By using our Site you agree to the following:

  1. You agree to act within the bounds of common decency when using our website, this includes refraining from posting illegal, pornographic, explicitly sexual, underage or otherwise distasteful Content;
  2. You agree not to stalk, harass, bully or harm another individual;
  3. You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
  4. You agree not to violate any requirements, procedures, policies or regulations of networks connected to OK Tours, LLC;
  5. You agree not to collect or store personal information about other end users;
  6. You agree not to interfere with or disrupt OK Tours, LLC;
  7. You agree not to hack, spam or phish us or other members or users;
  8. You agree to provide truthful and accurate Content;
  9. You agree to not violate any law or regulation and you are solely responsible for such violations;
  10. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Sites or any of our Services;
  11. You will not use our website to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent, Content or information or post any information or Content about a company or individual;
  12. You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine;
  13. You will not infringe upon anybody’s intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
  14. You are expressly prohibited from accessing OK Tours, LLC through a virtual private network or by proxy.

OK Tours, LLC may terminate your account for violating one or more of your responsibilities, for violating applicable international, federal or state law, any other provision in this Agreement, the Privacy Policy or for any other lawful purpose or at our discretion, with or without notice.

  1. User Posting on OK Tours, LLC

OK Tours, LLC may allow you to submit Content such as data, text, sound, photographs, graphics, video, messages, tags or other materials for hosting and display. OK Tours, LLC is only acting as a repository of data, user Content submitted to our Site or Service. We make no guarantees as to the validity, accuracy or legal status of any user Content. We do not endorse, condone or verify any user Content submitted. Content that is submitted by users is also subject to our Privacy Policy. We are not required to host, display, or distribute any of your posts and we may refuse to accept or transmit your posts, and may remove or delete them from OK Tours, LLC at any time.

Any Content submitted by you will be owned by you. However, by submitting any Content to our Site and Service, you hereby represent and warrant that you own all rights to your Content or, alternatively, that you have the right to give us the license described below. You also promise that you have paid and will pay in full all fees or other payments related to the use of your Content. Finally, you promise that your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

You understand that when using the OK Tours, LLC Service you will be exposed to Content from a variety of sources, and that OK Tours, LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of OK Tours, LLC. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OK Tours, LLC with respect thereto, and agree to indemnify and hold OK Tours, LLC, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

  1. License Grant

When you submit any Content to us, you grant OK Tours, LLC and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your post and anything we may make with your post through OKTours.comor any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your Content, and to use your Content to advertise and promote OK Tours, LLC.

If you reside in the EU or other countries that recognize unalienable moral rights, you grant us the broadest license that is legally allowed under the applicable law.

  1. Content Posting Guidelines

As OK Tours, LLC is composed of a community of users, please be respectful to us and all other users when posting, submitting or creating any Content through the OK Tours, LLC. When posting, submitting, or creating Content you agree that you will not:

  1. Impersonate any person or entity or misrepresent their affiliation with a person or entity;
  2. Post any Content that is disrespectful, harmful, harassing, discriminatory, defamatory, illegal, lewd, pornographic, unlawful, obscene, invasive, inflammatory, fraudulent, threatening, violent, distasteful, or otherwise hateful;
  3. Post any false, misleading, or inaccurate Content;
  4. Post any Content that infringes on the intellectual property rights or legal rights of third parties or other users;
  5. Post any Content that contains personally sensitive information of a third party without their consent;
  6. Post any Content that is not up to community standards.

If you believe that any Content posted on or through the OK Tours, LLC Service violates these guidelines, please contact us at service@OKTours.com. We reserve the right to remove any Content that violates these guidelines or we may remove any Content at our discretion.

  1. Intellectual Property Rights

The design of the OK Tours, LLC Service along with OK Tours, LLC created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to OK Tours, LLC, subject to copyright and other intellectual property rights under United States, EU and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. OK Tours, LLC reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given you express written permission.

  1. Your Use of our Site

Our Siteare provided “as-is”. We may at our discretion and without notice to you change, modify, interrupt or terminate our Site and Service. You agree that our Service may not always be error free, continuous or undisrupted. We will not be responsible for backing up or storing anything created on our Site. You are solely responsible for backing up, storing or otherwise creating copies of any work created on our Site and Service.

  1. Limitations on Liability

IN NO EVENT SHALL OK TOURS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT OK TOURS, LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

OK Tours, LLC shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount. The Service is controlled and offered by OK Tours, LLC from its facilities in the United States. OK Tours, LLC makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  1. Representations and Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED IN REGARDS TO OUR SITE AND SERVICE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

  1. Indemnity

You agree to defend, indemnify and hold harmless OK Tours, LLC, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your use of and access to the OK Tours, LLC Service;
  2. your violation of any term of these Terms of Service;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that one of your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the OK Tours, LLC Service.

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

  1. Third Party Links

We may link to third party websites from our own website. We may affiliate links to third party websites. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.

Additionally, users may be able to post third party links through Content submitted to our Site. We are not responsible for such links and do not monitor the posting of such links. Please exercise caution when clicking on such links as they may cause harm to your computer. We may affiliate posted third party links.

  1. Choice of Law

This Agreement shall be governed by the laws in force in Texas. The offer and acceptance of this contract is deemed to have occurred in Texas.

  1. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to San Antonio, Texas. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

  1. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

  1. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, OK Tours, LLC shall have the sole right to elect which provision remains in force.

  1. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  1. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

  1. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.

California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Modified: May 9, 2018

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