Popularthingstodo Terms of Use
Last Updated: 16 February 2024
Terms of Use
USE OF THE SERVICES
ADDITIONAL PRODUCTS
PROHIBITED ACTIVITIES
PRIVACY POLICY AND DISCLOSURES
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENSE GRANT
Restricting Popularthingstodo’s License Rights
BOOKING WITH THIRD-PARTY SUPPLIERS THROUGH Popularthingstodo
Use of Popularthingstodo Booking Services
Third-Party Suppliers
Booking Holiday Rentals, Restaurant Reservations and Experiences with Third-Party Suppliers Listed on Corporate Affiliate Sites
TRAVEL DESTINATIONS
International Travel
LIABILITY DISCLAIMER
INDEMNIFICATION
LINKS TO THIRD-PARTY SITES
SOFTWARE AS PART OF SERVICES; ADDITIONAL MOBILE LICENSES
COPYRIGHT AND TRADEMARK NOTICES
Notice and Take-Down Policy for Illegal Content
MODIFICATIONS TO THIS AGREEMENT; THE SERVICES; UPDATES; TERMINATION AND WITHDRAWAL
JURISDICTION AND GOVERNING LAW
CURRENCY CONVERTER
GENERAL PROVISIONS
SERVICE HELP
Welcome to the Popularthingstodo websites and mobile properties located at www.popularthingstodo.com and applicable country top-level domains (including sub-domains associated with them), related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services”; more generally, the Popularthingstodo websites and mobile properties shall hereinafter be referred to herein as “websites”).
The Services are provided by Popularthingstodo LLC, a Delaware limited liability company located in the United States of America (“Popularthingstodo”) with its registered office at Popularthingstodo LLC, 400 1st Avenue, Needham, MA 02494, USA. The terms “we”, “us”, and “our” shall be construed accordingly.
By creating a Popularthingstodo account, you agree to be bound by the terms, conditions and notices set forth below (collectively, this “Agreement”). This Agreement does not apply to if you merely browse the websites or use the Services without creating a Popularthingstodo account. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you are a consumer in the EU or UK you have a legal right to withdraw from this Agreement within 14 days of the Agreement being made. You can do this, or terminate this Agreement at any other time, by closing your account (by contacting us or by accessing “Account Info” whilst logged in and selecting the “close account” option) and no longer accessing or using the Services. ).
If you are a consumer in the EU or UK you will have certain mandatory consumer rights. If you are a consumer living elsewhere, you may also have consumer rights under the laws of your territory. Nothing in this Agreement affects your mandatory consumer rights.
Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. “Services” as defined above refers to those provided by Popularthingstodo or our corporate affiliates (Popularthingstodo and such entities, when one or more are referred to, shall be collectively defined as the “Popularthingstodo Companies”). For the avoidance of doubt, the websites are all owned and controlled by Popularthingstodo. However, some specific Services made available via the websites may be owned and controlled by Popularthingstodo’s corporate affiliates, for example Services facilitating the booking of Holiday Rentals, Restaurant Reservations and Experiences with third-party suppliers (see below). As part of our Services, we may send you notifications about special offers, products, or additional services available from us, our affiliates, or our partners, that may be of interest to you. Such notifications will typically be sent through newsletters and marketing communications and represent efforts to get to know you and your preferences better across our Services and those of our affiliates. In turn, this enables customisation of the services in line with those preferences.
The term “you” or “user” refers to the individual, company, business organisation or other legal entity which has created a Popularthingstodo account and uses the Services and/or contributes Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours” and/or “Content you submit.”
The Services are provided on an ongoing basis, and are provided solely to:
Assist users in gathering travel information, posting Content and searching for and booking travel services and reservations; and
Assist travel, tourism and hospitality businesses in engaging with users and potential customers, by way of free and/or paid-for services offered by or through the Popularthingstodo Companies.
Products, services, information and Content on our Services change regularly, so that it is up to date (for example, with current information and offers). This means, for example, that in respect of third party services, new transportation services, accommodations, restaurants, tours, activities or experiences may become available for you to book whilst other services may become unavailable.
We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify you of material changes to these terms and conditions by either sending a notice to the email address associated with your profile or by placing a notice on our websites. Be sure to return to this page periodically to review the most current version of this Agreement. If you don’t want to accept any changes to this Agreement, you may close your account and cease to access the Services (a description of how to do so is available here).
USE OF THE SERVICES
As a condition of your use of the Services, you agree that (i) all information supplied by you via the Services to the Popularthingstodo Companies is true, accurate, current and complete, (ii) you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older. The Popularthingstodo Companies do not knowingly collect the information of anyone under the age of 13. If you are a consumer resident in the EU or the UK, we may deny you access to the Services if you violate this Agreement, or for any other reasonable cause. If you are not a consumer resident in the EU or the UK, we retain the right at our sole discretion to deny you access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with the Popularthingstodo Companies. You may access the Services solely as intended through the provided functionality of the Services and
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENSE GRANT
We appreciate hearing from you. Please be aware that by providing your Content to or through the Services, be it via email, posting via any Popularthingstodo synchronisation product, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your Popularthingstodo account by virtue of any Popularthingstodo Companies product or service, reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any of your Content, you grant the Popularthingstodo Companies a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised; (b) make your Content available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Content shared on the Services available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that Popularthingstodo may choose to provide attribution of your Content at our sole discretion (or, if you are a consumer resident in the UK or EU, in our reasonable discretion). You further grant the Popularthingstodo Companies the right to pursue at law any person or entity that violates your or the Popularthingstodo Companies’ rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. You agree that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for the Popularthingstodo Companies to publish and otherwise use) your Content as authorized under this Agreement.
If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by the Popularthingstodo Companies or their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release the Popularthingstodo Companies and their licensees, successors and assigns, from any claims that you could otherwise assert against the Popularthingstodo Companies by virtue of any such moral rights.
Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.
The Services may contain discussion forums, bulletin boards, review services, travel feeds or other forums in which you may post your Content, such as reviews of travel experiences, messages, materials or other items (“Interactive Areas”). If Popularthingstodo provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk. The Popularthingstodo Companies do not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent that any entity that is one of the Popularthingstodo Companies provides any form of private communication channel between users, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that the Popularthingstodo Companies do not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, Popularthingstodo does not edit or control users’ Content that appears on the websites. The Popularthingstodo Companies nevertheless reserve the right to remove and/or restrict without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal and/or restriction is reasonably necessary to safeguard the rights of the Popularthingstodo Companies and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you can appeal our decision through Popularthingstodo’s internal complaint-handling process. You can find further information on how to object to and appeal a decision to remove or restrict your Content here By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with Popularthingstodo’s published guidelines, as are in force at the time of submission and made available to you by Popularthingstodo. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ or the London Stock Exchange;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the Popularthingstodo Companies;
Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers. Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
Is unrelated to
When you post your Content to the Services, the license you grant the Popularthingstodo Companies in Your Content shall be limited to a nonexclusive, royalty-free, transferable, sublicensable and worldwide license to host, use, distribute, modify, run, reproduce, publicly display or perform, translate and create derivative works of your Content for purposes of displaying such on the Services, as well as using your name and/or trademark in connection with that Content. Subject to Paragraph 6 below, the Restricted License applies to any of your Content (again, other than text-based reviews and associated bubble ratings) you or another on your behalf (e.g. a third party that contributes to or otherwise manages your account) make available on or in connection with the Services.
As to any individual item of your Content that is subject to the Restricted License, you can terminate the Popularthingstodo Companies’ license rights hereunder to such by deleting such post from the Services. Correspondingly, you may terminate the Popularthingstodo Companies’ license rights in all of your Content that is subject to the Restricted License by terminating your account (a description of how to do so is available here). Notwithstanding anything to the contrary, your Content (a) shall remain on the Services to the extent you shared it with others and they copied it or stored it prior to you deleting it or terminating your account, (b) may continue to be displayed upon the Services for a reasonable amount of time after you delete it or terminate your account as we seek to remove it, and/or (c) may be retained (but not publicly displayed) for technical, fraud moderation, regulatory or legal reasons in backup copy form for a period of time.
The Popularthingstodo Companies will not use your Content in advertisements for the products and services of third parties to others without your separate consent (including sponsored Content), although you agree and understand that the Popularthingstodo Companies may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others. In all instances in which your Content is displayed on the Services, we shall provide attribution by using the name and/or trademark that you submit in connection with your Content.
The Popularthingstodo Companies will not give third parties the right to publish your Content beyond the Services. However, sharing your Content on the Services (save for our “Trips” feature, which can be made private) shall result in your Content being made “public” and we will enable a feature that allows other users to share (by way of embedding that public post or otherwise) such Content of yours (save, as noted, Trips you configure to be private) onto third-party services, and we will enable search engines to make that public Content of yours findable through their services.
Except as modified by paragraphs 1 through 6 of this section of this Agreement, your and our rights and obligations shall remain subject to the balance of the terms of this Agreement. The license you grant the Popularthingstodo Companies as modified by these paragraphs 1-6 shall be referred to as a “Restricted License”.
For the sake of clarity, the Content you submit to the Services in connection with other Popularthingstodo Companies services or programs is not subject to the Restricted License, but shall instead be governed by the terms and conditions associated with that specific Popularthingstodo service or program.
BOOKING WITH THIRD-PARTY SUPPLIERS THROUGH Popularthingstodo
Use of Popularthingstodo Booking Services. The Popularthingstodo Companies offer you the ability to search for, select, and book travel reservations with third-party suppliers without leaving the Services.
IMPORTANT: Popularthingstodo does not itself sell travel reservations. Popularthingstodo allows third parties to sell their travel reservations on Popularthingstodo.
Popularthingstodo may facilitate the promotion and sale of travel reservations by third parties to you. Popularthingstodo is not, however, the party that undertakes the promotion and/or sale. If you book a reservation with a third-party supplier, the contract for the reservation is always solely between you and the third-party. Popularthingstodo is not (a) the buyer or the seller of reservation; (b) a party to the contract with the third-party or responsible for the fulfilment of that contract; or (c) an agent of you or the third-party in connection with purchase or sale. If you book a reservation with a third-party supplier, you agree to review and be bound by the supplier’s terms and conditions of purchase and website use, privacy policy and any other rules or policies related to the supplier’s site or property. Your interactions with third-party suppliers are at your own risk. The Popularthingstodo Companies will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage or other damages or expenses resulting from your interactions with third-party suppliers.
Your rights of recourse in connection with a contract between you and a third-party supplier (for example, in relation to refunds and cancellations), will be between you and the third party as set out in the contract with that third-party. In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-in, your sole remedy as between us and you will be for you to contact the supplier to make alternative arrangements or to cancel your reservation and obtain a refund (if applicable and subject to applicable law and your contract with the third-party supplier).
Third party suppliers may be businesses or consumers. If you are a consumer resident in the UK or EU, and the third party supplier you contract with is also consumer please note that you will not be able to enforce any consumer rights against that supplier.
By booking travel reservations via the websites, you will need to create an account if you have not already, and you acknowledge that you accept the practices described in our Privacy Policy and this Agreement.
AS A USER OF THE SERVICES, INCLUDING Popularthingstodo COMPANIES’ BOOKING FACILITATION SERVICES, YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED