INTELLECTUAL PROPERTY
© 2003-2020, The Constitutional Guided Walking Tours LLC d/b/a The Constitutional Walking Tour ("The Constitutional").
"The Constitutional" is a Registered Trademark of The Constitutional Walking Tour of Philadelphia. "The Constitutional Walking Tour of Philadelphia", "The Constitutional Guided Walking Tours", "The Constitutional Walking Tour App", "The Constitutional Audio Adventure Walking Tour", "The Constitutional Audio Tour", "Philly MP3 Audio Walking Tour", "Philly MP3", "Philly By Phone" and "PhillyWalk" are service marks owned by The Constitutional Guided Walking Tours, LLC. "Where Every Day is Independence Day" and "High-Definition Historical Experience" are trademarks of The Constitutional Guided Walking Tours, LLC.
All writings, maps, text, wayfinding, graphics, user interfaces, visual interfaces, photographs, videos, plans, documentation, presentations, trademarks, logos, sounds, music, recordings, artwork and computer code (collectively the “Content”), including, but not limited to, the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained herein and related thereto online or offline, unless otherwise indicated, is in the public domain, or is owned, controlled or licensed by or to The Constitutional, and is protected by copyright, trade dress, patent and trademark laws, and/or various other intellectual property rights and/or unfair competition laws.
You understand that your use of the Content is subject to the usage rules listed herein and it is intended for your own personal, and non-commercial use. You may not authorize, encourage or allow any part of the Content or other materials and files viewed, purchased, downloaded and/or rented by you to be reproduced, modified, performed, transferred, shared, distributed or otherwise used by anyone else. You may not copy, display or use Content without the prior written consent of The Constitutional.
GUIDED TOURS
All sales for the guided walking tour are final and admission fee is non-refundable. No shows will be charged in full. Tours are all weather events and operate rain or shine. Lost tickets cannot be replaced or refunded. Latecomers may be able to join the tour in progress, but it is not assured, and absolutely no refunds or make goods will be given. This ticket does not include admission to any of the sites and attractions on the tour (if you elect to visit any of the sites on your own after the tour, please note that some sites and attractions charge incremental admission fees if you want to enter). Advance purchase(s) recommended.
This ticket is a license which can be revoked at any time for any reason. Holder assumes all risk and danger of personal injury and all other hazards arising from or related in any way to the event for which this ticket is issued whether occurring prior to, during or after the event and agrees that The Constitutional Guided Walking Tours LLC and any on-site ticketing venue(s) are not liable under any conditions. In addition, any participant in one of The Constitutional's tours assumes all risk and danger of exposure to infectious diseases or viruses to themselves resulting in illness or death arising out of taking The Constitutional Walking Tour, whether caused by negligence of The Constitutional staff or otherwise.
By participating on one of The Constitutional's tours, you assume all risks whether known or unknown.
The Constitutional is not liable in any way for event and tour cancellations due to Acts of God or otherwise with events out of our control, including but not limited to actions by the National Park Service.
Event data, tour route, sites and attractions, times and size of tours are subject to change without notice.
The recording of any part of the guided tour, including, but not limited to, the narrative, stories, depictions, and the like, by any means whatsoever, is strictly prohibited without the advance written permission of an authorized representative of The Constitutional Guided Walking Tours LLC.
Photographs and/or videotape and/or recordings taken during the tour on behalf of The Constitutional may include your image, likeness and/or voice. You agree that The Constitutional may use such photographs and/or videotape and/or recordings for any purpose, promotional or otherwise, without compensation to you. Please contact The Constitutional directly for questions at 215.525.1776 or info@TheConstitutional.com.
VIP TOURS
Advance reservations recommended. Tour route, sites and pricing are subject to change. All sales are final and non-refundable. Tours do not include entrance or admission into any of the sites. Tours operate rain or shine. Guests are also subject to all of the Terms & Conditions including those under GUIDED TOURS posted at www.TheConstitutional.com/legalnotices. *Additional fee may apply. **Independence Hall tickets are subject to availability at time of booking and are not guaranteed; when available, visitors will receive free timed-tickets that The Constitutional's representatives receives from the National Park Service and visitors will need to wait in the regular line(s) to clear security, either before or after their VIP Tour.
APP TOUR, VIRTUAL TOUR AUDIO TOUR
Without limiting the foregoing, The Constitutional Walking Tour App ("App"), The Constitutional Virtual Tour ("Virtual Tour"), and The Constitutional Audio Walking Tour ("Audio Tour"), are subject to all of the Terms & Conditions including posted at www.TheConstitutional.com/legalnotices for those users who use the App, Virtual Tour and/or Audio Tour (collectively the "Digital Tours").
BY USING THE DIGITAL TOURS IN ANY WAY WHATSOEVER, YOU AGREE TO BE BOUND BY THIS LICENSE AGREEMENT AND TERMS AND CONDITIONS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE DIGITAL TOURS.
For smart phone users, please note that in addition to the prices of the App and/or Audio Tour, regular charges from your cell phone carrier, such as data usage, cell phone usage time, roaming, text messaging and taxes may also apply.
It is your responsibility to maintain your awareness of your surroundings while using the Digital Tours. The Constitutional is not responsible for any accidents that may occur while any of the Digital Tours are being used.
You hereby agree to be careful crossing the streets, to look both ways, cross only at cross-walks and only when you have a green light (except when crossing in the mid-block cross-walk as instructed when going from the Second Bank of the United States to Carpenters’ Hall).
You agree that you will not listen to the Digital Tours when you are crossing the street. Additionally, you agree that you will not listen to the Digital Tours inside any of the historic attractions on the tour where electronic devices are not permitted to be used.
The Digital Tours' user(s) assumes any and all risk and danger of personal injury and all other hazards arising from or related in any way to the Digital Tours, whether occurring prior to, during or after the Digital Tours and agrees that The Constitutional Guided Walking Tours LLC, Authorized Distributors, and/or other rental and download sites, and any on-site ticketing venues are not liable under any conditions.
While the Digital Tours' directs you to generally speaking well-populated during the day and evening, visitor-friendly areas, you are responsible to be aware of your surroundings at all times while using to the Digital Tours. The Constitutional is not responsible for any theft of property and/or other criminal acts and/or accidents that may happen to persons while they are listening to the Digital Tours and/or visiting the Independence National Historical Park area.
DISCLAIMER OF LIABILITY
THE CONSTITUTIONAL GUIDED WALKING TOURS, LLC D/B/A THE CONSTITUTIONAL WALKING TOUR OF PHILADELPHIA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF ANY OF OUR TOURS OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE CONSTITUTIONAL GUIDED WALKING TOURS, LLC MAY REMOVE THE CONSTITUTIONAL WALKING TOUR AND ITS DIGITAL TOURS FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE CONSTITUTIONAL WALKING TOUR AND DIGITAL TOURS AT ANY TIME, WITHOUT NOTICE TO YOU. THE CONSTITUTIONAL GUIDED WALKING TOURS, LLC DOES NOT REPRESENT OR GUARANTEE THAT THE CONSTITUTIONAL WALKING TOUR AND ITS DIGITAL TOURS WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE CONSTITUTIONAL GUIDED WALKING TOURS, LLC DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU EXPRESSLY AGREE TO INDEMNIFY AND THE HOLD THE CONSTITUTIONAL HARMLESS FOR ANY AND ALL CLAIMS WHATSOEVER FROM ANY OF THE CONSTITUTIONAL'S TOURS INCLUDING LIVE GUIDED TOURS AND/OR DIGITAL TOURS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE LIVE GUIDED TOUR AND THE DIGITAL TOURS IS AT YOUR SOLE RISK. THE LIVE GUIDED TOUR AND DIGITAL TOURS, AND ALL PRODUCTS SERVICES DELIVERED TO YOU THROUGH THE CONSTITUTIONAL WEB SITE OR OTHERWISE THROUGH AUTHORIZED DISTRIBUTORS ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF THAT ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND THE CONSTITUTIONAL GUIDED WALKING TOURS, LLC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY, EITHER THROUGH THE CONSTITUTIONAL’S WEB SITE AND?OR THROUGH THIRD PARTY SERVICE PROVIDERS AND WEB SITES WHICH HELP FACILITATE THE SALE OF THE AUDIO TOUR.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS DOWNLOADED FROM THE CONSTITUTIONAL AUDIO TOUR AND ASSOCIATED WEB SITE(S).
GENERAL
The Constitutional Guided Walking Tours LLC will not under any circumstances be liable for economic, incidental, consequential, indirect, special, punitive or exemplary damages, whether foreseeable or unforeseeable, whether claimed under contract, tort, breach, failure of warranty or any other legal theory.
The maximum aggregate liability of The Constitutional Guided Walking Tours LLC for all claims under this Letter Agreement will be one hundred percent of the total amount charged and collected by The Constitutional Guided Walking Tours, LLC from you to provide tour services for the customer(s).
Any action against The Constitutional Guided Walking Tours LLC under this Agreement and not brought within twelve (12) months after the cause will be deemed barred. Additionally, all claims brought against The Constitutional Guided Walking Tours, LLC under in a court of law must be brought in Philadelphia County, Pennsylvania and subject to Pennsylvania Law.
In the event that any one or more of the provisions or parts of a provision contained in these Terms & Conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision or part of a provision of this Agreement or the validity or enforceability of such provision or portion thereof in any other jurisdiction.
PRIVACY
Your privacy is respected by us. We do work with third parties on various matters, including, but not limited to, developing our tour(s) and historical interpretation, developing and hosting our Web site(s) and other technologically assisted applications, selling tickets, selling tour packages, processing payments and conducting transactions. From time to time, we may communicate with you to solicit feedback, to offer you special promotional offers, to help us better develop our tour(s), etc. Please note that all users purchasing tickets to the guided walking tour, purchasing and/or renting the audio tour are subject to those specific terms and conditions as noted herein, as well as the privacy policies of our third party vendors and partners (i.e., PayPal) – please check with these third parties for their user agreements and privacy policies. We do not share your personal information with any other third party site for any third party marketing purposes.
COOKIES
This site uses cookies to deliver its services and analyze traffic. By using this site, you agree to its use of cookies.
FOREIGN LANGUAGE TRANSLATIONS
Although reasonable efforts have been made to ensure the accuracy, reliability and completeness of the foreign language translations posted on The Constitutional's Web site, all materials are provided "as is" with no warranties of any kind. Due to resource constraints, The Constitutional used qualified volunteer translators to translate its critically acclaimed tour from English into multiple foreign languages, and as such, The Constitutional has not had all of the foreign language translations independently proofread and edited. Accordingly, there may be some content that gets "lost in translation", but for the most part, the content tells the story of the brave men and women who founded America.
DISCLAIMER
Unless otherwise noted herein, TheConstitutional.com Web site and its related site(s), including its Content and information contained herein, are presented on an "as is" and "as available" basis. We make no representations or warranties of any kind whether express or implied in connection with the content and information on the Web site(s) including, but not limited to, warranties as to content and information being timely, accurate and/or available, merchantability, non-infringement of intellectual property or fitness for a particular purpose, to the extent to which such representations and warranties may lawfully be excluded. Use of this site and the information and content contained herein is at the user's sole risk.
