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Travelegia.com
Terms of Service
1. Services and Conditions of Use
Welcome
to our site. We maintain this web site as a service
to our customers. By using our site, you are
agreeing to comply with and be bound by the
following terms of use. Please review the following
terms carefully. If you do not agree to these terms,
you should not review information or obtain services
from this site. As part of our service,
travelegia.com ("travelegia.com") agrees to
provide you with information concerning Bed and
Breakfast Lodgings, e-mail service, bulletin boards,
contests and other computer services that
travelegia.com may decide to offer, subject to the
terms of this Agreement. Upon notice published here
through the Service, travelegia.com may modify this
Agreement at any time. You agree and continue to
agree to use travelegia.com services in a manner
consistent with all applicable laws and regulations
and in accordance with the terms and conditions set
out in the policies and guidelines outlined below
2. Your Registration Obligations
In consideration of your use of the Service, you
agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by
the Service's registration forms (such information
being the "Registration Data") and (b)
maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If
you provide any information that is untrue,
inaccurate, not current or incomplete, or
travelegia.com has reasonable grounds to suspect that
such information provided is untrue, inaccurate, not
current or incomplete, travelegia.com has the right to
suspend or terminate your account and refuse any and
all current or future use of the Service (or any
portion thereof).
3. Rules For Online Conduct for travelegia.com
You understand that all information, data, text,
software, music, sound, photographs, graphics,
video, messages or other materials
("Content"), whether publicly posted or
privately transmitted, are the sole responsibility
of the person from which such Content originated.
This means that you, and not travelegia.com, are
entirely responsible for all Content that you
upload, post, email or otherwise transmit via the
Service. travelegia.com does not control the Content
posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service,
you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances
will travelegia.com be liable in any way for any
Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise
transmitted via the Service.
You agree to not use the Service to
- upload,
post, email or otherwise transmit any Content
that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm
minors in any way;
- impersonate
any person or entity, including, but not
limited to, a travelegia.com official, forum
leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a
person or entity;
- forge
headers or otherwise manipulate identifiers in
order to disguise the origin of any Content
transmitted through the Service;
- Upload,
post, email or otherwise transmit any Content
that you do not have a right to transmit under
any law or under contractual or fiduciary
relationships (such as inside information,
proprietary and confidential information
learned or disclosed as part of employment
relationships or under nondisclosure
agreements);
- upload,
post, email or otherwise transmit any Content
that infringes any patent, trademark, trade
secret, copyright or other proprietary rights
("Rights") of any party;
- upload,
post, email or otherwise transmit any
unsolicited or unauthorized advertising,
promotional materials, "junk mail,"
"spam," "chain letters,"
"pyramid schemes," or any other form
of solicitation, that are designated for such
purpose;
- upload,
post, email or otherwise transmit any material
that contains software viruses or any other
computer code, files or programs designed to
interrupt, destroy or limit the functionality
of any computer software or hardware or
telecommunications equipment;
- interfere
with or disrupt the Service or servers or
networks connected to the Service, or disobey
any requirements, procedures, policies or
regulations of networks connected to the
Service;
Statements or postings that violate the above
terms will be deleted from postings upon discovery.
Depending on the nature of the violation,
travelegia.com at its sole discretion may terminate
Customer's account.
4. Price And Payment
Customer agrees to pay all charges to Customer's
account, including any applicable taxes, in
accordance with billing terms in effect at the time
the fee or charge becomes payable. travelegia.com
reserves the right to change the amount of, or basis
for determining, any fees or charges for the
Service, and to institute new fees or charges
effective upon prior notice to Customers. Customer
must provide travelegia.com with valid credit card
information or make a payment by check or money
order.
Please Note: travelegia.com will
automatically renew and charge Customer's account
upon every one (1) year anniversary for Annual
Subscriptions.The renewal charge shall be equal to
the publicly published price of the customer’s
package on the renewal day, unless otherwise
notified in advance by travelegia.com. Customer will
have sixty (60) days after the date that any renewal
fee is posted to Customer's charge account to notify
travelegia.com that he or she wishes to cancel his or
her subscription. travelegia.com will cancel Customer's
account upon receipt of such notification and post a
credit to Customer's charge account equal to the
latest renewal fee charged.
Customer's right to use the Service is subject to
any limits established by travelegia.com or by
Customer's credit card issuer. If payment cannot be
charged to Customer's credit card or Customer's
charge is returned to travelegia.com for any reason,
travelegia.com reserves the right to either suspend or
terminate Customer's access and account, thereby
terminating this Agreement and all obligations of
travelegia.com hereunder.
travelegia.com agrees that it will terminate
Customer's account upon notice from Customer. If
cancellation is received within the first 30 days of
Customer signing up for a service, Customer will be
refunded all subscription fees for that service, but
Customer will still be obligated to pay any other
charges incurred.
If Customer has reason to believe that Customer's
account is no longer secure (for example, in the
event of a loss, theft or unauthorized disclosure or
use of Customer's ID, password, or any credit, debit
or charge card number stored on the Service),
Customer must promptly change Customer's password
and notify travelegia.com of the problem (by notice
given as described in Section 9 below) to avoid
possible liability for any unauthorized charges to
Customer's account.
5. Copyrighted Materials
Only software or graphics files or files where the
owner has given express permission for online
distribution may be posted to the Service. The
posting of any other type of file and the posting of
links to any other type of file is strictly
forbidden. The following types of files are examples
of strictly forbidden postings:
Unauthorized copies of copyrighted photographs,
drawings, graphics, text or other writings, computer
programs or other software, recordings or designs;
files containing advertisements or solicitations
aimed at persuading other members to use certain
goods, services or material of a sexually explicitly
nature, including photographs and text.
Copyrighted material, including without
limitation text, photographs, sound, video and
music, may not be placed on the Service without the
express permission of the author or owner of the
copyright on the material. Customer acknowledges
that only the owner or someone authorized by the
owner to post the material may do so. Downloading of
copyrighted material is allowed only for Customers'
private and non-commercial use. Customers may not
copy, reproduce, retransmit, distribute, publish,
commercially exploit or otherwise transfer any
copyrighted material. The burden of determining that
any information, software or any other content on
the Service is not protected by copyright rests with
the Customer. Customer acknowledges that travelegia.com
and/or third party content providers remain the
owners of the posted materials, and that Customer
does not acquire any of those ownership rights by
downloading copyrighted materials.
6. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY
AT CUSTOMER'S OWN RISK. travelegia.COMS SERVICES ARE
PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH
OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT
LIMITATION THE travelegia.COM SOFTWARE LICENSED TO THE
CUSTOMER AND THE RESULTS OBTAINED THROUGH THE
SERVICE. SPECIFICALLY, travelegia.COM DISCLAIMS ANY AND
ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR
CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2)
ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, 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 RECORD, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER
SPECIFICALLY ACKNOWLEDGES THAT travelegia.COM IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH CUSTOMER.
NEITHER travelegia.COM NOR ANY OF ITS AGENTS,
AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE
SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE
SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON THE
SERVICE.
7. Notice
travelegia.com may give notice to Customers by means of
a general notice on the Service, electronic mail to
Customer's e-mail address on record in travelegia.com's
account information, or by written communication
sent by U.S. mail to a Customer's address on record
in travelegia.com's account information. You may give
notice to travelegia.com (such notice shall be deemed
given when received by travelegia.com at any time by
any of the following:
- electronic
mail to info@travelegia.com;
- letter
faxed to travelegia.com at the following fax
number: (301) 365-4614.
8. Indemnification
Customer agrees to indemnify and hold travelegia.com
and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees,
harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post to
or transmit through the Service, your use of the
9. Termination Of Service
You agree that travelegia.com, in its sole discretion,
may terminate your password, account (or any part
thereof) or use of the Service, and remove and
discard any Content within the Service, for any
reason, including, without limitation, for lack of
use or if travelegia.com believes that you have
violated or acted inconsistently with the letter.
travelegia.com may also in its sole discretion and at
any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that
travelegia.com shall not be liable to you or any third
party for any termination of your access to the
Service.
10. Choice Of Law
This Agreement shall be construed and controlled by
the laws of the State of Maryland. Further, the laws
of the State of Maryland will govern any dispute
arising from the terms of this agreement or a breach
of this Agreement. Customer agrees to personal
jurisdiction by the state and federal courts sitting
in the State of Maryland.
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