Use of the web-site located at www.Travelotica.com and the services available from the Web-site is subject to the following User Agreement (the "Agreement") which sets forth the Terms and Conditions(T&C's) which apply to your use of the Travelotica.com web site (the "Service"), and which may be updated without notice at any time. BY USING THE SERVICE, YOU AGREE TO ABIDE BY ALL THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND T&C's JUST AS IF YOU HAD SIGNED THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.
This site is owned and operated by Travelotica, LLC. ("Travelotica"). Travelotica has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Service
Travelotica reserves the right at any time to modify or amend this User Agreement, or to impose new conditions, including, without limitation, adding fees and charges of use at any time without prior notice. Such changes, modification, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. By accessing the Service and/or submitting any text, pictures or other content ("Content"), including without limitation, travel pages, message-board postings, or any chat room statements, you signify your agreement to this User Agreement as it has been modified or amended.
You are solely and fully responsible for any Content that you post on any area of the Service. You understand that all travelogues, articles, news articles, forum postings, critiques, recommendations, opinions, directories, links, photographs, images, illustrations, graphics, logos, audio clips, video clips, text, information, data, software, messages or other materials (collectively, "Content") appearing on the Service or submitted to the Service is the responsibility of the person or entity originating such Content, and Travelotica disclaims any liability with respect to such Content (see Section 12 Disclaimer below).
The opinions and views expressed by Travelotica's members or visitors do not necessarily represent those of Travelotica and Travelotica does not verify, endorse, or vouch for the content of such. If any of the content posted by our members or visitors violates your proprietary rights, or any of your intellectual property rights, please contact us (see Section 9 Copyright Infringement).
Violation of any of these terms may result in the termination of your account.
Travelotica reserves the sole discretion to decide what IS and IS NOT allowed on the Service. Travelotica also reserves the right to modify, edit or delete anything submitted to the Service, and to suspend or terminate any membership, at any time for any reason without prior notice.
Moreover, Travelotica reserves the right to terminate the membership of inactive members. You agree that upon termination, Travelotica may delete all information related to you or your membership and may deny you access to such information and the Service. Travelotica is not obliged to maintain back-up copies of any material submitted or posted on the Service.
You may discontinue your participation in and access to the Service at any time. These T&C's will continue to apply to all past use of the web-site by you, even if you are no longer using it.
You are solely and fully responsible for any content that you post on any area of the Service. You understand Travelotica shall have the right, but not the obligation, to monitor the content of the Service (including, but not limited to, chat rooms and forums), to determine compliance with these conditions of use and any operating rules established by Travelotica and to satisfy any law, regulations or authorized government request. Travelotica shall have the right (without notice) to edit, refuse to post or to remove any information or materials, in whole or in part, that in Travelotica's sole discretion are objectionable or in violation of any law, regulation or this User Agreement.
All Content is protected under both United States and foreign intellectual property laws, including, but not limited to, copyrights, trademarks, service marks, patents or other intellectual property and proprietary rights and laws. Unauthorized use of the Content may violate copyright, trademark and other laws. You must abide by all copyright notices, information or restrictions contained in or attached to any Content or portion of the Web-site.
You may not modify, copy, reproduce, display, publish, publicly perform, create derivative works of, sell, transfer, transmit, compile, collect in a database, distribute or otherwise use the Content in any way for any public or commercial purpose without the express, prior permission of the Company and/or the copyright holder identified in the applicable copyright notice. Requests for permission may be sent to info@Travelotica.com
If you violate any of these restrictions, your permission to use Content on the Web-site automatically terminates and you must immediately destroy any copies you have made of the Content.
Travelotica uses e-mail to inform you on any membership benefits and features and to let you know of urgent problems on the Service. If you elect not to receive our e-mail messages you may remove yourself from our mailing list.
Travelotica does not allow any material that violates or infringes upon the
proprietary rights of others, including, without limitation, copyright, patent or trademark rights. Don't
use any material that you don't own the copyright or have express authorization
and documented permission to use the material. If you do have express,
documented permission to use the material, you must say so clearly on each page
where such material is displayed.
Travelotica complies with the Digital Millennium Copyright Act of 1998 (the "DMCA"). Travelotica, pursuant to 17 U.S.C. Section 512 as amended by Title II of the DMCA, reserves the right, but not the obligation, to terminate your license to use the Service if Travelotica in its sole discretion decides that you are infringing on another party's copyright, patent, trademark or other proprietary right, regardless of whether the material or activity is ultimately determined to be infringing.
If you believe that any Content on the Service has copied your work in a way that constitutes copyright infringement, please contact Travelotica's Copyright Agent in writing (either electronic mail or paper letter) as follows:
Attn: Copyright Department
5000 Carillon Point Suite 400
Kirkland, WA 98033
17 U.S.C. § 512 (c)(3) (part of the Digital Millenium Copyright Act) provides: To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
The User or visitor to the Service acknowledges that any and all of the copyright, trademarks, and patents of Travelotica contained on the Service are owned and the sole property of Travelotica. These intellectual property rights shall not be exploited, copied, used or download without obtaining prior written permission from Travelotica.
Travelotica shall have the right (without notice) to investigate any complaints made regarding content placed on the Service by you and to take any action that Travelotica deems fit if it finds that there is a violation of this User Agreement laws, codes or regulations. In the event of this, Travelotica also reserves the right to edit or to remove (without notice) any content complained of at anytime
Travelotica will use its reasonable endeavors to maintain a 24 hour internet presence of the Service for you but cannot guarantee continuous, uninterrupted use especially where Travelotica must carry out routine maintenance, repairs, reconfigurations or upgrades or in circumstances beyond its control including force majeure. Travelotica will not be liable for its failure to provide continuous Service and any loss or damage that incur as a result of this failure.
THE SERVICE CONTAINS OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY THIRD PARTIES. TRAVELOTICA DOES NOT REPRESENT, ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF SUCH CONTENT POSTED BY SUCH THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY SUCH THIRD PARTIES. YOU AGREE THAT ANY RELIANCE ON CONTENT POSTED BY THIRD PARTIES WILL BE AT YOUR OWN RISK.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER TRAVELOTICA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE. ADDITIONALLY THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE.
THIS DISCLAIMER OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
ALTHOUGH THE CONTENT MAY BE UPDATED ON THE SERVICE FROM TIME TO TIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY. THEREFORE, SOME OF THE INFORMATION ON THE SERVICE MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. TRAVELOTICA DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, ACCURACY OR RELIABILITY OF CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT TRAVELOTICA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE AFOREMENTIONED DISCLAIMERS MAY NOT APPLY TO YOU.
Travelotica makes no guarantee of availability of service and reserves the right to change, withdraw, suspend or discontinue any functionality or features of the Service.
IN NO EVENT WILL TRAVELOTICA, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SUPPLIERS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE CONTENT INCLUDED THEREIN,
BE LIABLE IN CONTRACT, OR IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE WEB-SITE, INCLUDING, BUT NOT LIMITED TO (A) YOUR USE OR INABILITY TO USE THE WEB-SITE, (B) YOUR RELIANCE ON CONTENT OF THE WEB-SITE, AND (C) ANY GOODS, SERVICES OR OTHER WEB SITES ADVERTISED ON THE WEB-SITE, (D) DELETION OR LOSS OF FILES, (E) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF E-MAILS, FILES, PROGRAMS, OR INFORMATION BY YOURSELF OR BY FRAUDULENT MEANS OR DEVICES, (F) DEFECTS OR DELAYS IN TRANSMISSION OR ANY FAILURE OF SERVER, (G) LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, WHICH RESULT OR MAY RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE; EVEN IF TRAVELOTICA OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST TRAVELOTICA, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEB-SITE.
The foregoing warranties are in lieu of all other warranties, express or implied and your remedies hereunder. In the event Travelotica incurs any liability whatsoever to you, your sole remedy will in all cases be limited to the termination of the Service and this Agreement by discontinuing to use the Service.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Travelotica, its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from and against any and all claims, actions, suits or proceedings, demands, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney's fees) sustained, incurred or paid by you directly or indirectly in respect of: (a) your failure to comply with these T&Cs, (b) access to and/or use of the Service by you (c) your negligent or wrongful conduct, (d) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (e) any misrepresentation made by you in connection with your use of the Service, (f) any breach or non-compliance by you with the terms and conditions of this User Agreement or of any law, code or regulation, and (g) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
The parties hereby agree that this Agreement shall be construed in accordance with the law of the State of Washington, United States of America. Any dispute that may arise pertaining to this User Agreement shall be submitted to the exclusive jurisdiction of the state and federal courts of the State of Washington, United States of America.
This agreement and our privacy statement (which is part of this agreement) constitute the entire understanding and agreement between you and Travelotica with respect to the subject matter contained herein, supersedes all prior oral or written understandings and agreements relating thereto, except as otherwise expressly provided.
If any portion of these T&Cs shall be held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, these T&Cs shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these T&Cs, and the remaining provisions of these T&Cs shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance here-from.
No failure or delay by Travelotica in exercising any rights, power, or remedy under these T&Cs shall operate as a waiver of any such right, power, or remedy. Travelotica may assign its rights under these T&Cs to any party without your consent. We shall be excused for any problem due to a factor beyond our control. Our suppliers are third-party beneficiaries of this agreement.
These T&Cs shall inure to the benefit of Travelotica, its successors and assigns. This agreement does not create any agency, partnership, JV, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with Travelotica.
The headings used in this User Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.