1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web
site, you agree to be bound by these Terms of Use, and as amended from time to
time with or without notice to you. In addition, if you are using a particular
service on or through this web site, you will be subject to any rules or
guidelines applicable to those services and they shall be incorporated by
reference into these Terms of Use. Please see our Privacy Policy, which is
incorporated into these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on
and through our web site on an “AS IS” basis. You agree that the owners of this
web site exclusively reserve the right and may, at any time and without notice
and any liability to you, modify or discontinue this web site and its services
or delete the data you provide, whether temporarily or permanently. We shall
have no responsibility or liability for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration
Obligations.
In order to use this web site, you must agree
to provide truthful information when requested, and be at least the age of
thirteen (13) or older. When you provide information, you explicitly agree to
our Terms of Use and as may be modified by us from time to time and available
here.
4. Privacy Policy.
Our booking process requires only a valid
e-mail address and truthful information. Providing us with other information is
at your option. Please take note that your details that you will provide here
like e-mail address, or other submissions that you make on this site may
contain your real name or other personally identifiable information and, as a
result, may appear on this site. Like many web sites, we may also automatically
receive general information that is contained in our server log files such as
your IP address and cookie information.
We may use Data to customize and improve your
user experience on this site. We will make efforts so that your Data will not
be provided to third parties unless (i) provided for otherwise in this Privacy
Policy; (ii) we obtain your consent, such as when you choose to opt-in or
opt-out to the sharing of Data; (iii) a service provided on our site requires
the interaction with or is provided by a third party, by way of example an
Application Service Provider; (iv) pursuant to legal process or law
enforcement; (v) we find that your use of this site violates our this Policy,
Terms of Service, other usage guidelines or as deemed reasonably necessary by
us to protect our legal rights and/or property; (vi) or (vi) this site is
purchased by a third party whereby that third party will be able to use the
Data in the same manner as we can as set forth in this Policy. In the event you
choose to use links that appear on our site to visit other web sites, you are
advised to read the privacy policies that appear on those sites.
5. Your Conduct.
You agree that all information or data of any
kind, whether text, software, code, music or sound, photographs or graphics,
video or other materials (“Content”), publicly or privately provided, shall be
the sole responsibility of the person providing the Content or the person whose
user account is used. You agree that our web site may expose you to Content
that may be objectionable or offensive. We shall not be responsible to you in
any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site
or any service provided, that you shall not:
(a) provide any Content or perform any conduct
that may be unlawful, illegal, threatening, harmful, abusive, harassing,
stalking, tortious, defamatory, libelous, vulgar, obscene, offensive,
objectionable, pornographic, designed to or does interfere or interrupt this
web site or any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal liability, or
which may violate an applicable local, national or international law;
(b) Impersonate or misrepresent your
association with any person or entity, or forge or otherwise seek to conceal or
misrepresent the origin of any Content provided by you;
(c) Collect or harvest any data about other
users;
(d) provide or use this web site and any
Content or service in any commercial manner or in any manner that would involve
junk mail, spam, chain letters, pyramid schemes, or any other form of
unauthorized advertising without our prior written consent;
(e) Provide any Content that may give rise to
our civil or criminal liability or which may constitute or be considered a
violation of any local, national or international law, including but not
limited to laws relating to copyright, trademark, patent, or trade secrets.
6. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) You agree to grant to us a worldwide,
royalty-free, perpetual, non-exclusive right and license (including any moral
rights or other necessary rights) to use, display, reproduce, modify, adapt,
publish, distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such license will apply
with respect to any form, media, and technology known or later developed;
(b) you warrant and represent that you have
all legal, moral, and other rights that may be necessary to grant us with the
license set forth in this Section 7;
(c) you acknowledge and agree that we shall
have the right (but not obligation), in our sole discretion, to refuse to
publish or to remove or block access to any Content you provide at any time and
for any reason, with or without notice.
8. Third Party Services.
Goods and services of third parties may be
advertised and/or made available on or through this web site. Representations
made regarding products and services provided by third parties are governed by
the policies and representations made by these third parties. We shall not be
liable for or responsible in any manner for any of your dealings or interaction
with third parties.
8. Indemnification.
You agree to indemnify and hold us harmless,
our subsidiaries, affiliates, related parties, officers, directors, employees,
agents, independent contractors, advertisers, partners, and co-branders from
any claim or demand, including reasonable attorney’s fees, that may be made by
any third party, that is due to or arising out of your conduct or connection
with this web site or service, your provision of Content, your violation of
this Terms of Use or any other violation of the rights of another person or
party.
9. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS
WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE
AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT
ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY
MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY
PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT
USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND
WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers
of implied warranties and the above disclaimer may not apply to you only as it
relates to implied warranties.
10. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT
OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN
SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON
THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to
limit liability and therefore such limitations may not apply to you.
11. Reservation of Rights.
We reserve all of our rights, including but
not limited to any and all copyrights, trademarks, patents, trade secrets, and
any other proprietary right that we may have in our web site, its content, and
the goods and services that may be provided. The use of our rights and property
requires our prior written consent. We are not providing you with any implied
or express licenses or rights by making services available to you and you will
have no rights to make any commercial uses of our web site or service without
our prior written consent.
12. Notification of Copyright Infringement.
If you believe that your property has been
used in any way that would be considered copyright infringement or a violation
of your intellectual property rights, kindly notify us immediately.
13. Applicable Law.
You agree that this Terms of Use and any
dispute arising out of your use of this web site or our products or services
shall be governed by and construed in accordance with local laws where the
headquarters of the owner of this web site is located, without regard to its
conflict of law provisions. By registering or using this web site and service
you consent and submit to the exclusive jurisdiction and venue of the county or
city where the headquarters of the owner of this web site is located.
14. Miscellaneous Information.
(i) In the event that this Terms of Use
conflicts with any law under which any provision may be held invalid by a court
with jurisdiction over the parties, such provision will be interpreted to reflect
the original intentions of the parties in accordance with applicable law, and
the remainder of this Terms of Use will remain valid and intact; (ii) The
failure of either party to assert any right under this Terms of Use shall not
be considered a waiver of any that party’s right and that right will remain in
full force and effect; (iii) You agree that without regard to any statue or
contrary law that any claim or cause arising out of this web site or its
services must be filed within one (1) year after such claim or cause arose or
the claim shall be forever barred; (iv) We may assign our rights and
obligations under this Terms of Use and we shall be relieved of any further
obligation.