1. Acceptance of Terms
The websites operated by TravMedia Australia, TravMedia Asia, TravMedia Germany, TravMedia USA, TravMedia Singapore, TravMedia NZ, are referred to as 'TravMedia' in this Agreement and all linked pages ('Site'), are the intellectual property of TravTrade (or their nominees) and are accessed by you under the terms of this Agreement.
3. Description of the Service
Subject to full compliance with the terms of this Agreement, we may offer to provide certain services and content, as described more fully on the Site, ('Services'). We may change, suspend or discontinue the Services including any content (including, but not limited to text, user comments, messages, data, information, graphics, news articles, photographs, images, illustrations, software, audio clips, and video clips) for any reason, at any time, including the availability of any feature or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. Your Registration Obligations
You may not (i) select or use as a TravMedia User ID a name of another person with the intent to impersonate that person; (ii) use as a TravMedia User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a TravMedia User ID a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a TravMedia User ID at our discretion; if you select a User ID for your account we reserve the right to remove or reclaim it if we believe it infringes upon another's rights or marks. You are responsible for maintaining the confidentiality of your TravMedia password.
The Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you are under 18 years old, do not attempt to register or use the Services.
Mass or serial account creation: while there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
5. User Conduct
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by the terms of this Agreement, or any other purpose not reasonably intended by TravMedia. We respect other people's rights and we expect you to do the same.
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other TravMedia users;
- to post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobic, ethnic slurs or religious intolerance;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any TravMedia user;
- to create or submit unwanted email ('Spam') to any other TravMedia users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to multi-level marketing schemes
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- with the intention of artificially inflating or altering the TravMedia count', comments, or any other TravMedia service, including by way of creating separate user accounts for the purpose of artificially altering TravMedia's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of TravMedia's services;
- attempt to impersonate another user or person;
- sell or otherwise transfer your profile.
In addition, you agree that you will not use the Services on behalf of (or per the request or instruction of) any third party, or pay or otherwise attempt to influence any third to manipulate or otherwise affect the site in any manner.
We may remove any content and TravMedia accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.
You are solely responsible for your interactions with other users of the Site. We reserve the right, but has no obligation, to monitor disputes between you and other users.
6. Content submitted or made available for inclusion on the service
By creating and posting content to TravMedia, you warrant that you own all rights to the content, agree that the content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/ and that you will not object to the use of the content by us in any context. To clarify, the above does not apply to the content on external sites linked to by the original submission.
7. Copyright Complaints
We respect the intellectual property of others. It is our policy to respond expeditiously to claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers and account holders who are repeat infringers.
Notifying us of Copyright Infringement: To provide us notice of an infringement, you must provide a written communication to the attention of Infringement Notification Dept. care of firstname.lastname@example.org. Please also note that you may be liable for damages (including costs and attorneys. fees) if you materially misrepresent that an activity is infringing your copyright.
Providing us with Counter-Notification: If you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of Counter Notification Dept. at email@example.com. Please note that you may be liable for damages (including costs and attorneys. fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
In this clause 8, 'Data Protection Laws' means all applicable laws from time to time in force relating to the protection of personal information, including the UK Data Protection Act 2018, the UK Privacy and Electronic Communications (EC Directive) Regulations 2003, the General Data Protection Regulation ((EU) 2016/679), and any laws substituting, re-enacting or replacing any of the foregoing, as amended or updated from time to time.
You warrant that you respect people’s privacy and that you have the right to provide TravMedia with personal data in respect of another data subject when using the Services, and that you have informed such data subject of, or obtained their consent to, (as appropriate) your intended use of their personal data, which may include a transfer to another country which does not provide adequate safeguards in place to protect such personal data.
You will indemnify and hold harmless TravMedia, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the terms of this Agreement by you, or the infringement by you, or any third party using your account or TravMedia User ID, of any intellectual property or other right of any person or entity.
10. Warranty Disclaimers
You acknowledge that TravMedia has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release TravMedia from all liability for you having acquired or not acquired content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. TravMedia makes no representations concerning any content contained in or accessed through the Site or Services, and TravMedia will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN 'AS IS' BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Links and Merchandise
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TravMedia has no control over such sites and resources, you acknowledge and agree that TravMedia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TravMedia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Neither TravMedia nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold by others on or through the Site. Transactions for any such item shall be between the user and the third party seller, without any involvement of TravMedia or its third party service providers. You agree that TravMedia and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, or sold by others on or through the Site, including illegal, offensive or illicit items, or items that violate this Agreement.
12. Limitation of Liability
In no event shall TravMedia or its suppliers be liable under contract, tort or strict liability, negligence or other legal theory (i) with respect to the Site, the Service or any content for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages in excess of (in the aggregate) $100. Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
TravMedia may terminate or suspend any and all Services and your TravMedia account immediately, without prior notice or liability, if TravMedia has a reasonable belief that you may have breached any of the terms of this Agreement. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your TravMedia account, you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind TravMedia in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. TravMedia shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TravMedia reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including 'line-noise' interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the other terms of this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with TravMedia prior written consent. TravMedia may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of Singapore, as if made within Singapore between two residents thereof, and the parties submit to the exclusive jurisdiction of Singapore. Notwithstanding the foregoing sentence, (but without limiting TravMedia right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Singapore using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.