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NOTICE TO ALL USERS. READ THE FOLLOWING LEGAL AGREEMENT BEFORE USING
THIS WEB SITE. BY BROWSING AND USING THIS WEB SITE YOU INDICATE YOUR
ASSENT AND AGREEMENT TO THESE TERMS. YOUR USE AND ACCESS TO THIS SITE IS
SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT
AGREE TO EVERY TERM AND CONDITION OF THIS AGREEMENT PLEASE DISCONNECT
FROM AND DO NOT USE THIS SITE.
1. OWNERSHIP RIGHTS
This Web Site is owned and operated by TravelJungle("TravelJungle"). The Web
Site is protected by United States copyright law and international treaty
provisions. TravelJungle provides this Web site, www.TravelJungle.us ("Web
Site") for your use. You should assume that everything you see, read, or
hear on this Site and third-party Sites is copyrighted. You acknowledge that
no
title to the intellectual property in the Web Site is transferred to
you. No material from the Web Site may be copied, reproduced,
republished, uploaded, posted, transmitted or distributed in any way,
except that you may download one copy of the materials on any single
computer for your personal, non-commercial use only, provided that you
keep intact all copyright and other proprietary notices appearing on
such materials. You may not modify, or create derivative works based
upon the Web Site or materials contained therein, in whole or in part.
In the event you download software from the Web Site, the software,
including any files, images and data incorporated therein, are licensed
to you by TravelJungle. The collection, organization, and presentation of
information and materials from this Web Site and other linked sites are
protected under applicable intellectual property laws. The trademarks,
service marks, trade names and logos on this Web Site and third-party
sites are the intellectual property, whether registered or unregistered,
of TravelJungle and other third parties. All rights not expressly licensed
hereunder are reserved by TravelJungle or the respective property owners.
2. WARRANTY DISCLAIMER
The Web Site and all elements thereof are provided on an "AS IS" basis
without any warranty of any kind, express or implied. TravelJungle DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TravelJungle DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE WEB SITE OR THE SERVER THAT IT MAKES AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. TravelJungle DOES NOT ENDORSE, WARRANT, OR MAKE
ANY
REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF ANY OF THE
INFORMATION, PROMOTIONS, AND ADVERTISEMENTS ON THIS SITE (OR SENT TO YOU
VIA E-MAIL) PROVIDED BY, ACCESSED FROM, DOWNLOADED FROM, EXTRACTED FROM, OR
OTHERWISE ORIGINATING FROM PERSONS, ENTITIES, OR OTHER THIRD-PARTIES,
INCLUDING, WITHOUT LIMITATION, TravelJungle USERS, TRAVEL AUTHORS AND
EXPERTS,
THIRD-PARTY WEB SITES, DATABASES, TRAVEL AGENTS, VENDORS, AND MERCHANTS.
YOU ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION, PROMOTIONS, AND
ADVERTISEMENTS MAY NOT BE ACCURATE, CORRECT, OR UP-TO-DATE. YOU (AND NOT
TravelJungle) ASSUME THE RISK THAT SUCH INFORMATION IS INCORRECT.
TravelJungle HAS NO RESPONSIBILITY TO (AND IS NOT LIABLE FOR FAILURE TO)
CHECK THE ACCURACY
THEREOF PRIOR TO MAKING SUCH THIRD-PARTY INFORMATION AVAILABLE TO YOU.
TravelJungle DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS
REGARDING
THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR MATERIAL OBTAINED BY
YOU FROM THIRD-PARTIES, INCLUDING ANY STATEMENTS, OPINIONS,
REPRESENTATIONS, WARRANTIES, OR RECOMMENDATIONS. SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. TravelJungle DOES NOT ENDORSE, WARRANT, OR MAKE ANY
REPRESENTATIONS WITH RESPECT TO ANY OF THE PRODUCTS YOU MAY PURCHASE
FROM A THIRD PARTY VENDOR OR WEB SITE THROUGH THE WEB SITE. The
foregoing shall be enforceable to the maximum extent permitted by
applicable law.
3. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER
TORT, CONTRACT, OR OTHERWISE, SHALL TravelJungle BE LIABLE TO YOU OR ANY
OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
DATA, COMPUTER FAILURE OR MALFUNCTION, DISRUPTION OR CANCELLATION OF
TRAVEL PLANS, OR ANY AND ALL OTHER DAMAGES OR LOSSES. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS MAY NOT APPLY TO YOU.
4. JURISDICTION
Unless otherwise specified, the materials in the Web Site are presented
solely for the purpose of promoting TravelJungle and its products and
services
within the United States, its territories, possessions and protectorates.
TravelJungle makes no representation that materials in the Web Site are
appropriate or available for use in other locations outside the United
States. Neither the Web Site nor any underlying information or
technology may be downloaded or otherwise exported or reexported (i)
into (or to a national or resident of ) Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria or any other country to which the United States has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nations or the U.S. Commerce Department's
Table of Denial Orders. By downloading or using any element of the Web
Site you are agreeing to the foregoing and you are certifying that you
are not located in, under the control of, or a national or resident of
any such country or on any such list. In addition, you are responsible
for complying with any and all local laws in your jurisdiction which may
impact your right to use the Web Site.
5. PROHIBITED USE
You shall not use this Site for any purpose that is unlawful or
prohibited by these Terms and you agree to respect other users of this
Site. You violate TravelJungle's acceptable use policy when, in addition to
any violation of the terms previously mentioned, you, your affiliates,
representatives, or subsidiaries engage in any of the following
prohibited activities:
- posting, publishing, transmitting, advertising, or displaying on this
Site or otherwise making available child pornography, or materials that
may be considered profane, offensive, obscene, defamatory or otherwise
inappropriate
- using this Site for the purposes of spamming (i.e.
distribution of unsolicited and unauthorized advertisements or other
commercial
materials)
- defaming, abusing, harassing, stalking, threatening, or
otherwise violating the legal rights, including but not limited to
privacy rights, of others
- purposefully or recklessly posting,
publishing, or otherwise making available on the Web site incorrect or
inaccurate information
- using this Site in violation of intellectual
property rights, or rights of privacy or publicity, of others
- uploading files that contain viruses, corrupted files, worms, Trojan
horses, or other software or programs with similar effects that may
damage, delay, or disrupt the operation of another's computer, computer
network, or other related equipment, or distributing information
regarding the creation or use of viruses, worms, Trojan horses, pinging,
mailbombing or denial-of-service attacks
We reserve the right to
terminate your membership if, at any time, you engage in any of the
prohibited conduct above or any conduct that we reasonably deem to be
detrimental to other users.
6. PASSWORD SECURITY
TravelJungle shall take all reasonable measures to ensure the security of
your
password and other private information. However, TravelJungle shall not be
responsible or liable for damages resulting from unauthorized access or
use of your password or other private information, except in the case of
intentional misconduct by TravelJungle. You agree not to allow others to use
your password to access or use this Site. If you do allow others to use
this Site using your password, TravelJungle shall not be responsible for any
damages to you, and you shall indemnify and hold TravelJungle harmless for
any
damages to third parties. It is your responsibility to keep your
password secure. We recommend that you change your password periodically
to ensure its secrecy.
7. NO AGENCY OR EMPLOYMENT
No relationship between TravelJungle and any third parties, including but
not limited to travel agents, travel experts, writers, and TravelJungle users,
whether or not they share in the revenues and/or profits of TravelJungle,
who post, publish, view, receive, or utilize information and/or materials in
this Site shall be construed as establishing agency, employment,
partnership, joint venture or any other relationship giving rise to
vicarious liability of TravelJungle.
8. MODIFICATION OF THESE TERMS
TravelJungle reserves the right to change these Terms, delete terms or add
new
terms. It is your responsibility to check these Terms periodically. Your
continued use after changes, deletions, or additions have been made
shall constitute your acceptance thereof.
9. ASSIGNABILITY OF THESE TERMS
These Terms are personal to you, and you may not assign these Terms or
your rights or obligations thereunder to a third party without
TravelJungle's
prior express written consent. TravelJungle's rights under these Terms may
be
assigned, and its duties may be delegated.
10. MISCELLANEOUS
These Terms are governed by the laws of the United States, without reference
to conflict of laws principles. If for any reason a court of competent
jurisdiction finds any provision of these Terms, or portion thereof, to be
invalid or unenforceable, that provision will be enforced to the maximum
extent permissible to effectuate the intent of this Agreement, and the
remainder of these Terms shall continue in full force and effect. You
warrant that you possess all legal authority to use this Site in accordance
with these
Terms. These Terms, in addition to the Privacy Policy available in this
Site, constitute the entire understanding and agreement between you and
TravelJungle with respect to all matters relating in any way to the use of
this Site. Notwithstanding the foregoing, the parties may stipulate and
agree to conduct the arbitration pursuant to the then-current rules of the
American Arbitration Association or any other agreed-upon arbitration
services provider. All arbitration decisions are final and binding, and
the judgment based on a ruling may be entered in and by any court of
competent jurisdiction. Any rights not expressly granted herein are
reserved.
Terms of Use last revised 2/10/2003. |
