Updated: April 28, 2020
1. Platform and Registration
2. Subscription Terms
3. Intellectual Property Rights and Restrictions
4. Usage Terms
5. Privacy, Use and Sharing of Certain Information
7. Indemnification by User
8. Disclaimer and Limitation of Liability
9. Additional Provisions
a. Platform. The Lonely Planet Platform is provided to individuals for their personal, noncommercial use only. The Platform includes a mobile application, (“Application”), and website, (“Website”) that are used in association with viewable and interactive content. We may change the content associated with the Platform, including by adding or removing content, at any time at our discretion.
b. Registration. Only individuals that have registered for a Lonely Planet account, provide certain information (e.g., a valid email address), and agree to the Subscriber Agreement are eligible to use the Lonely Planet Platform. Companies, associations and other groups may not register for a Lonely Planet account or use the Lonely Planet Platform. Individuals under the age of 13 are not eligible for a Lonely Planet account and are not permitted to provide personal information to Lonely Planet.
You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Lonely Planet accounts. However, if you allow others to access your Lonely Planet account, this Agreement, as well any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify Lonely Planet of any unauthorized access to your Lonely Planet account. Lonely Planet will not be responsible for any losses arising from the unauthorized use of your Lonely Planet accounts.
c. Notices. Any notices Lonely Planet delivers to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Lonely Planet Platform. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide and shall have the right, in our sole and absolute discretion, to disable your account and prevent you from using the Platform, or any features of the Platform on the grounds of suspicion.
a. Subscription and Auto-Renewal. Your subscription to the Lonely Planet Platform may include enrollment into an ongoing/recurring payment plan. Your subscription(s) will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Lonely Planet Platform.
b. Cancellation and Refund Policy. If you have an auto renewable subscription. you can cancel your subscription at any time. Cancellation will take effect at the end of the current billing period or free trial. To cancel your Lonely Planet Platform subscription, navigate to lnly.co/cancel and click "Cancel My Membership." If you subscribed via a third party (e.g. an app store such as iTunes, Google Play, Amazon Store, or Roku), please visit our Help Center for instructions on how to cancel. Cancellation will only take effect at the end of your current billing period (or end of your free trial), and you will still be able to access Lonely Planet until then. We do not refund or credit for partially used billing periods.
d. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file if you have an active subscription or by your consent only. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Lonely Planet Platform. You authorize us to continue to charge your card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You also agree that we may charge your payment method on file if you decide to restart your Lonely Planet subscription.
e. Subscriptions Obtained Through Third Parties. If you obtain a Lonely Planet subscription via a third party (e.g., an app store), that subscription is also subject to the third party's terms, and the provisions in this Subscriber Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Subscriber Agreement conflicts with the applicable third party's terms. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your Lonely Planet Platform will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a Lonely Planet subscription obtained via a third party, please follow the cancellation instructions set out by the applicable third party.
a. License. The Platform consists of various graphics, texts, icons and buttons. All such content is owned by Lonely Planet and/or the applicable third party entity. For greater certainty and the avoidance of doubt, Lonely Planet and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Platform, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Platform Content”). You hereby acknowledge that the Platform Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Platform does not grant or transfer to you or any other part any ownership or other rights in the Platform Content, and except as expressly provided, nothing herein or within the Platform shall be construed as conferring on you or any other party any license under any of Lonely Planet’s or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Platform in any manner whatsoever.
Within the terms and conditions in this Subscriber Agreement, Lonely Planet grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:
i. install and make non-commercial, personal use of the Lonely Planet Platform; and
ii. stream or temporarily download copyrighted materials, including but not limited to movies, television shows, other entertainment or informational programming, trailers, bonus materials, images, and artwork (the "Lonely Planet Content") that are available to you from the Lonely Planet Platform.
The purchase of a license to stream or temporarily download any Lonely Planet Content does not create an ownership interest in the Lonely Planet Content. Such Lonely Planet Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Lonely Planet Content, is owned by Lonely Planet, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
b. Restrictions on Your Use of the Lonely Planet Content. You agree that as a condition of your license, you may not and agree not to:
i. use, copy, modify, download, distribute or transfer the Platform or any component of the Platform, in whole or in part, except as expressly provided in this Agreement. You may not reverse engineer, disassemble, decompile, decrypt, or translate the Platform, attempt to derive the source code of the Platform, create any derivative work from the Platform or authorize or assist any third party to do any of the foregoing;
ii. rent, lease, sublicense, loan, resell for profit or distribute the Platform, or any part thereof. You may not remove or alter any proprietary notice or legend regarding Lonely Planet’s proprietary rights in the Platform. You agree to take all reasonable precautions to secure the Platform from distribution to any third party. You shall use the Platform only to support your own activities and shall not make the Platform available to third parties otherwise permit or authorize third parties to use the Platform, through your account or otherwise;
iii. rebroadcast, transmit or perform the Lonely Planet Content available via the Lonely Planet Platform;
iv. Create derivative works of the Lonely Planet Content; or
v. Allow third parties to violate the above restrictions.
c. Restrictions on Your Use of the Lonely Planet Platform. You agree that the Platform is licensed to you as Licensee. The Platform is the property of Lonely Planet and Lonely Planet retains all right, title and interest in and to the Platform, including any intellectual property rights regarding trademarks, service marks and trade secrets, as well as any rights in copyrighted or patented materials provided to you as part of the Platform. Except for the limited license granted to you in this Agreement, you obtain no rights to the Platform and Lonely Planet reserves all rights not expressly granted to you.
Any rights not expressly granted to you in this Agreement are expressly reserved by Lonely Planet. For greater certainty and the avoidance of doubt, you agree that you will not take any action that is inconsistent with Lonely Planet’s ownership of the Platform, and/or Lonely Planet’s ownership of, or any third party’s ownership of, any Platform Content. Without limiting the generality of the foregoing, users of the Platform shall be entitled to copy Platform Content contained within this Platform only for their own personal and non-commercial use in accordance with this Agreement, but may not republish or reproduce any such Platform Content in any manner, including, without limitation, via electronic reproduction by "uploading" or "downloading", without the prior express written consent of Lonely Planet.
d. Trade-marks. Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Platform may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Lonely Planet or other entities. Trade-marks may be registered in the United States, Canada and in other countries. All Trade-marks not owned by Lonely Planet are the property of their respective owners, and, where used by Lonely Planet are used under license or with permission. All Trade-marks are, and shall remain, the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Platform may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Lonely Planet’s ownership of, or any third party’s ownership of, the Trade-marks.
a. Lonely Planet Compatible Devices. Use of the Lonely Planet Platform requires compatible devices, and certain software may require periodic updates, and your use of the Lonely Planet Platform may be affected by the performance of these elements.
b. Internet Connection. You must have a high speed Internet connection in order to access and use certain aspects of the Lonely Planet Platform.
c. Streaming Lonely Planet Content. Lonely Planet Content can be streamed through the Lonely Planet Platform over an active Internet connection. The number of concurrent streams available for use may change from time to time at our discretion.
d. Lonely Planet Content Availability. Geographic restrictions will be enforced according to the location from which you are accessing the Lonely Planet Platform, and we may use different technologies and methods to verify your geographic location.
e. Future Unavailability. It is possible that the Lonely Planet Platform, and/or some or all Lonely Planet Content may not be available for streaming or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. Lonely Planet will take reasonable efforts to provide you with as much prior notice as possible; however, Lonely Planet shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access Lonely Planet Platform. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Lonely Planet Platform.
f. Promotional and Experimental Features. In our continued assessment of the Lonely Planet Platform, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Lonely Planet Platform, including promotional features, user interfaces, plans and pricing. Your use of any updates, modifications to, or replacement versions of Lonely Planet shall be governed by this Subscriber Agreement and any additional terms you agree to when you install such update, modification, or replacement version.
Any links from this Platform to other websites, or references to products, services or publications other than those of Lonely Planet, do not imply the endorsement or approval of such websites, products, services or publications by Lonely Planet.
In the event of any discrepancy or inconsistency between this Agreement and disclosures or other statements contained in any websites featured on the Platform or linked to the Platform; the terms and conditions of this Agreement shall prevail, govern and control to the fullest extent permitted by law.
Lonely Planet reserves the right to, and you agree that Lonely Planet may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.
By using the Platform, you hereby agree to indemnify, defend and hold harmless Lonely Planet, and its agents, employees, officers, directors, successors and assigns (collectively, the “Released Parties”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the Platform and/or breach of this Agreement, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action whatsoever.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE PLATFORM WILL BE COMPATIBLE WITH YOUR COMPUTER, SOFTWARE OR OTHER DEVICE; (II) THE PLATFORM WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE PLATFORM WILL BE SECURE; (V) THE USE OF THE PLATFORM WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE PLATFORM WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
COMMENTS OR OPINIONS EXPRESSED ON THE PLATFORM ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE PLATFORM AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF LONELY PLANET. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE PLATFORM.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE PLATFORM. YOU EXPRESSLY ACKNOWLEDGE THAT LONELY PLANET HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE PLATFORM AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LONELY PLANET. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
a. Purpose. You understand and agree that the Lonely Planet Platform you receive through the Lonely Planet Platform is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
b. Content Subjectivity. Lonely Planet Content tends to elicit varying reactions among different people. You may come across Lonely Planet Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Lonely Planet Content is appropriate for your family.
c. Photosensitivities. Lonely Planet Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities. Additionally, 4K UHD HDR content versions enable greater brightness and color saturation which may also affect users.
d. Content Quality. We use various technologies to provide you with an optimal viewing experience. For example, HD quality is available for certain Lonely Planet Content and 4K Ultra HD quality is available for certain Lonely Planet Content. That said, the playback quality of Lonely Planet Content, including resolution, may be affected by the format of the Lonely Planet Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices used, among other factors. The time it takes you to begin viewing Lonely Planet Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Lonely Planet Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Lonely Planet Content in these respects.
f. Apple Store Terms. For users of the Apple Store and/or our mobile application for the iPhone or iPad:
You acknowledge and agree that this agreement (as embodied in these) is concluded between you and Lonely Planet only, and not with Apple, Inc. (“Apple”). Lonely Planet and not Apple, is solely responsible for the content of Platform. The license granted to you for the Platform is limited to a non-transferable license to use the applicable portions of the Platform on any Apple-branded products that you own or control and as permitted by the usage rules set forth in the Apple App Store Terms of Service, except that the Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Lonely Planet shall be solely responsible for providing any maintenance and support services with respect to the Platform, as specified herein. You and Lonely Planet acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
Lonely Planet shall be solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed herein, and in the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application or the Services.
You acknowledge and agree that Apple shall not be responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the Platform or your possession and use of Platform infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties. You must comply with applicable third party terms of agreement when using the Platform.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these, and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
iPhone and iPad are trademarks of Apple.
g. Mobile Networks. When you access the Lonely Planet Platform through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Lonely Planet Guides App or Platform may be prohibited or restricted by your network provider and the Lonely Planet Platform may not work with your network provider or device.
h. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Lonely Planet does not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
i. Contact Information.
You may contact Lonely Planet as follows:
by phone at: 615-988-9713
by email at: firstname.lastname@example.org
j. Governing Law and Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located Tennessee, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
This Agreement is governed by and construed in accordance with the laws of Tennessee and the laws of the United States, without giving effect to any conflict of law principles.
k. Changes to this Agreement. Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to this Agreement at least thirty (30) days before the modification comes into effect, and will indicate the date this Agreement was last modified.
In addition, if you have registered for the Platform, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion, and setting out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. To the fullest extent permitted by applicable law, as your sole remedy, you may refuse the modification and rescind, or cancel your subscription without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of the Platform after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, this Agreement, as modified.
Subject to our right to make modifications, no other statements (written or verbal) will change this Agreement.
You may not make any changes to this Agreement.
l. General. This Agreement constitutes the entire agreement between the parties respecting the subject matter hereof, and supersedes all previous proposals, negotiations, representations, warranties, commitments, writings and communications between parties. The terms of this Agreement shall prevail notwithstanding any variance with the terms of any purchase order or any other document submitted by you.
If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision of this Agreement.
This Agreement is binding upon you and your respective heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior express written consent, which consent may be withheld in our sole and absolute discretion.
Lonely Planet Terms and Conditions: