Terms and Conditions

Updated 6-27-12

Thank you for visiting openplac.es, a site presented to you by Trazzler, Inc. (for the purposes of this statement, "Trazzler").

Trazzler is a website and iPhone application that holds writing and photography contests, makes editorial recommendations, and provides you with the opportunity to purchase deals for products and services of third party travel suppliers. By using services of Trazzler, Inc., you are agreeing to the following terms and conditions ("Terms of Use").

Basic Terms

1. You must be 13 years or older to use this site.
2. You are responsible for any activity that occurs under your screen name.
3. You are responsible for keeping your password secure.
4. You must not abuse, harass, threaten, impersonate or intimidate other Trazzler users.
5. You may not use the Trazzler.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, screen names, graphics photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Trazzler.com service.
7. You must not modify, adapt or hack Trazzler.com or modify another website so as to falsely imply that it is associated with Trazzler.com.
8. You must not create or submit unwanted email to any Trazzler members ("Spam").
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. You must not, in the use of Trazzler, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Trazzler.com account. While Trazzler.com prohibits such conduct and content on its site, you understand and agree that Trazzler cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Trazzler.com service at your own risk.

Content

Trazzler does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Trazzler Services.

By uploading (or otherwise submitting content) to Trazzler, you grant to Trazzler a non-exclusive, royalty-free license to use, publish, reproduce, display, distribute, and use for any promotional purposes through print, online, or other media. You accept that all text and photos are subject to editorial review and changes. Trazzler will consider requests to remove submissions at its sole discretion.

1. All information, text, photographs, videos, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted on or privately transmitted via Trazzler, are the sole responsibility and property of the person from which such Content originated (the "Author"). This means that the user, and not Trazzler, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via Trazzler or any Service. Within the confines of international and local law, Trazzler will generally not place a limit on the type, or appropriateness of content created by users. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, Trazzler is committed to submitting all necessary information to the proper authorities.
2. Trazzler claims no ownership or control over any Content posted by users of Trazzler. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the Trazzler staff in protecting such Content. The user posting any Content represents that the poster has all rights necessary to post such Content (and for Trazzler to serve such Content) without violation of any intellectual property or other rights or any laws or regulations.
3. Should any Content be reported to Trazzler as being offensive or inappropriate, Trazzler might call upon the poster to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as set forth by the Trazzler staff. Should the poster fail to meet such a request from the Trazzler staff, Trazzler has the full authority to terminate any such reported and verified account and associated inappropriate content. Trazzler, however, is under no obligation to restrict or monitor Content in any way.
4. With respect to Content you submit or make available for inclusion on publicly accessible areas of Trazzler, through Trazzler Open Places you grant Trazzler the world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, publicly perform and publicly display such Content solely for the purposes of providing and promoting Trazzler and its partners. Our partners may include but are not limited to nonprofits, public radio stations, parks, schools, tourism bureaus, publications, and other approved commerical and nonprofit organizations.
5. You acknowledge that Trazzler does not pre-screen Content, but that Trazzler and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, Trazzler and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, Trazzler reserves the right to limit access to your account and associated content, if found in violation of the TOS, by removing the account, content and related user information from the member directory, search engine, and all other methods used in conjunction with finding Trazzler's users and content.
6. Trazzler, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of Trazzler, Trazzler users and the public. Trazzler does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, quality or safety of such Content. Under no circumstances will Trazzler be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via Trazzler or any Service thereon.

Deals

Trazzler provides consumers with the ability to purchase vouchers for products and services from third party travel providers ("Provider") at a discount (a "Deal"). The Deal you purchase is redeemable for services by the Provider.

1. How It Works

   By placing an order for a given Deal, you make an offer to purchase the Deal you have selected based on the stated terms, restrictions and conditions. Once you have placed your order, you will receive a confirmation of the Deal and the Deal Purchase Price will be charged to your credit card. We will notify you by email when the Voucher (defined below) for the Deal is ready to be used.

2. Vouchers

   Vouchers are to be used in exchange for goods and services at a discount from their actual cost. The Provider is the seller of the Voucher and the goods and services and is solely responsible for redeeming your Voucher.

3. Expiration

   The expiration date for a Voucher is as printed on the Voucher. If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction where the Provider is located, then the Provider is obligated to honor the Voucher in compliance with law. If the Provider refuses to honor the Voucher before the legally permitted expiration date, then Trazzler will refund the paid portion of your Voucher in the form of a credit. Contact trazzler@trazzler.com or call 415-874-9480 if you have any questions about this policy.

4. Refunds

   Trazzler will provide a refund of the Deal Purchase Price paid by you for any Deal within five (5) days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After five days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Provider has gone out of business.

5. Global Terms

   Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:

   • No cash value.
   • No cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law.
   • No cash back or credit will be issued for partial redemption of the promotional portion of a Voucher.
   • Use of a Voucher for alcoholic beverages is at the sole discretion of the Provider (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher.
   • Vouchers cannot be combined with any other coupons or promotions.
   • Vouchers cannot be used for taxes, tips, prior balances, shipping or handling.
   • Neither Trazzler nor the Provider is responsible for lost or stolen Vouchers or Voucher reference numbers.
   • Duplicate use, sale or trade of a Voucher is prohibited, except as required by law.
   • Unless otherwise stated at the time a Voucher is purchased, the Voucher Price does not include sales, value added or use taxes, which may be charged to you separately by the Provider at the time you redeem the Voucher.

6. Provider Responsibility

   Trazzler advertises the Deals and acts an as agent in selling the Vouchers on behalf of the Provider. But the Provider is the issuer of the Voucher. As issuer of the Voucher, the Provider shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Provider or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers.

7. Countries

   Some deals may not be available for purchase in certain countries.

8. Location for Resolving Disputes, Contact Information

   Communications may be directed to: 616 Arkansas Street, #3, San Francisco, CA 94107. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms, or the rights and obligations of the consumer, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

General Conditions

1. We reserve the right to modify or terminate the Trazzler.com service for any reason, without notice at any time.
2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
3. We reserve the right to refuse service to anyone for any reason at any time.
4. We may, but have no obligation to, remove Content and accounts containing inappropriate language or photos from Trazzler. Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
5. Pages on other websites which display data hosted on Trazzler.com must provide a link back to Trazzler.
6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.