Terms of Service (ToS)
The following terms and conditions
govern all use of the AnswerTravelSearches.com website and all content,
services and products available at or through the website (taken together, the
Website). The Website is owned and operated by AnswerTravelSearches ("AnswerTravelSearches").
The Website is offered subject to your acceptance without modification of all
of the terms and conditions contained herein and all other operating rules,
policies (including, without limitation, AnswerTravelSearches's Privacy Policy)
and procedures that may be published from time to time on this Site by AnswerTravelSearches
(collectively, the "Agreement").
Please read this Agreement carefully
before accessing or using the Website. By accessing or using any part of the
web site, you agree to become bound by the terms and conditions of this
agreement. If you do not agree to all the terms and conditions of this
agreement, then you may not access the Website or use any services. If these
terms and conditions are considered an offer by AnswerTravelSearches,
acceptance is expressly limited to these terms. The Website is available only
to individuals who are at least 1 years old.
1. Your AnswerTravelSearches.com
Account and Site. If
you create a blog/site on the Website, you are responsible for maintaining the
security of your account and blog, and you are fully responsible for all
activities that occur under the account and any other actions taken in
connection with the blog. You must not describe or assign keywords to your blog
in a misleading or unlawful manner, including in a manner intended to trade on
the name or reputation of others, and AnswerTravelSearches may change or remove
any description or keyword that it considers inappropriate or unlawful, or
otherwise likely to cause AnswerTravelSearches liability. You must immediately
notify AnswerTravelSearches of any unauthorized uses of your blog, your account
or any other breaches of security. AnswerTravelSearches will not be liable for
any acts or omissions by You, including any damages of any kind incurred as a
result of such acts or omissions.
2. Responsibility of
Contributors. If
you operate a blog, comment on a blog, post material to the Website, post links
on the Website, or otherwise make (or allow any third party to make) material
available by means of the Website (any such material, "Content"), You
are entirely responsible for the content of, and any harm resulting from, that
Content. That is the case regardless of whether the Content in question
constitutes text, graphics, an audio file, or computer software. By making
Content available, you represent and warrant that:
· the downloading,
copying and use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or trade secret
rights, of any third party;
· if your employer
has rights to intellectual property you create, you have either (i) received
permission from your employer to post or make available the Content, including
but not limited to any software, or (ii) secured from your employer a waiver as
to all rights in or to the Content;
· you have fully
complied with any third-party licenses relating to the Content, and have done
all things necessary to successfully pass through to end users any required
terms;
· the Content does
not contain or install any viruses, worms, malware, Trojan horses or other
harmful or destructive content;
· the Content is not
spam, is not machine- or randomly-generated, and does not contain unethical or
unwanted commercial content designed to drive traffic to third party sites or
boost the search engine rankings of third party sites, or to further unlawful acts
(such as phishing) or mislead recipients as to the source of the material (such
as spoofing);
· the Content is not
pornographic, does not contain threats or incite violence towards individuals
or entities, and does not violate the privacy or publicity rights of any third
party;
· your blog is not
getting advertised via unwanted electronic messages such as spam links on
newsgroups, email lists, other blogs and web sites, and similar unsolicited
promotional methods;
· your blog is not
named in a manner that misleads your readers into thinking that you are another
person or company. For example, your blog's URL or name is not the name of a
person other than yourself or company other than your own; and
· you have, in the
case of Content that includes computer code, accurately categorized and/or
described the type, nature, uses and effects of the materials, whether
requested to do so by AnswerTravelSearches or otherwise.
By
submitting Content to AnswerTravelSearches for inclusion on your Website, you
grant AnswerTravelSearches a world-wide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish the Content solely for the
purpose of displaying, distributing and promoting your blog. If you delete
Content, AnswerTravelSearches will use reasonable efforts to remove it from the
Website, but you acknowledge that caching or references to the Content may not
be made immediately unavailable.
Without
limiting any of those representations or warranties, AnswerTravelSearches has
the right (though not the obligation) to, in AnswerTravelSearches's sole
discretion (i) refuse or remove any content that, in AnswerTravelSearches's
reasonable opinion, violates any AnswerTravelSearches policy or is in any way
harmful or objectionable, or (ii) terminate or deny access to and use of the
Website to any individual or entity for any reason, in AnswerTravelSearches's
sole discretion. AnswerTravelSearches will have no obligation to provide a
refund of any amounts previously paid.
3. Payment and
Renewal.
· General Terms.
By selecting a product or service, you agree to pay AnswerTravelSearches the
one-time and/or monthly or annual subscription fees indicated (additional
payment terms may be included in other communications). Subscription payments
will be charged on a pre-pay basis on the day you sign up for an Upgrade and
will cover the use of that service for a monthly or annual subscription period
as indicated. Payments are not refundable.
· Automatic Renewal.
Unless you notify AnswerTravelSearches before the end of the applicable
subscription period that you want to cancel a subscription, your subscription
will automatically renew and you authorize us to collect the then-applicable
annual or monthly subscription fee for such subscription (as well as any taxes)
using any credit card or other payment mechanism we have on record for you.
Upgrades can be canceled at any time by submitting your request to AnswerTravelSearches
in writing.
4. Services.
· Fees;
Payment. By
signing up for a Services account you agree to pay AnswerTravelSearches the
applicable setup fees and recurring fees. Applicable fees will be invoiced
starting from the day your services are established and in advance of using
such services. AnswerTravelSearches reserves the right to change the payment
terms and fees upon thirty (30) days prior written notice to you. Services can
be canceled by you at anytime on thirty (30) days written notice to AnswerTravelSearches.
· Support. If your
service includes access to priority email support. "Email support"
means the ability to make requests for technical support assistance by email at
any time (with reasonable efforts by AnswerTravelSearches to respond within two
business days) concerning the use of the VIP Services. "Priority"
means that support takes priority over support for users of the standard or
free AnswerTravelSearches.com services. All support will be provided in
accordance with AnswerTravelSearches standard services practices, procedures
and policies.
5. Responsibility of
Website Visitors. AnswerTravelSearches
has not reviewed, and cannot review, all of the material, including computer
software, posted to the Website, and cannot therefore be responsible for that
material's content, use or effects. By operating the Website, AnswerTravelSearches
does not represent or imply that it endorses the material there posted, or that
it believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also
contain material that violates the privacy or publicity rights, or infringes
the intellectual property and other proprietary rights, of third parties, or
the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. AnswerTravelSearches disclaims any
responsibility for any harm resulting from the use by visitors of the Website,
or from any downloading by those visitors of content there posted.
6. Content Posted on
Other Websites. We
have not reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages to which AnswerTravelSearches.com
links, and that link to AnswerTravelSearches.com. AnswerTravelSearches does not
have any control over those non-AnswerTravelSearches websites and webpages, and
is not responsible for their contents or their use. By linking to a non-AnswerTravelSearches
website or webpage, AnswerTravelSearches does not represent or imply that it
endorses such website or webpage. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. AnswerTravelSearches
disclaims any responsibility for any harm resulting from your use of non-AnswerTravelSearches
websites and webpages.
7. Copyright
Infringement and DMCA Policy. As AnswerTravelSearches asks
others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material located on
or linked to by AnswerTravelSearches.com violates your copyright, you are
encouraged to notify AnswerTravelSearches in accordance with AnswerTravelSearches's
Digital Millennium Copyright Act ("DMCA") Policy. AnswerTravelSearches
will respond to all such notices, including as required or appropriate by
removing the infringing material or disabling all links to the infringing
material. AnswerTravelSearches will terminate a visitor's access to and use of
the Website if, under appropriate circumstances, the visitor is determined to
be a repeat infringer of the copyrights or other intellectual property rights
of AnswerTravelSearches or others. In the case of such termination, AnswerTravelSearches
will have no obligation to provide a refund of any amounts previously paid to AnswerTravelSearches.
8. Intellectual
Property. This
Agreement does not transfer from AnswerTravelSearches to you any AnswerTravelSearches
or third party intellectual property, and all right, title and interest in and
to such property will remain (as between the parties) solely with AnswerTravelSearches.
AnswerTravelSearches, AnswerTravelSearches.com, the AnswerTravelSearches.com
logo, and all other trademarks, service marks, graphics and logos used in
connection with AnswerTravelSearches.com, or the Website are trademarks or
registered trademarks of AnswerTravelSearches or AnswerTravelSearches's
licensors. Other trademarks, service marks, graphics and logos used in
connection with the Website may be the trademarks of other third parties. Your
use of the Website grants you no right or license to reproduce or otherwise use
any AnswerTravelSearches or third-party trademarks.
9. Advertisements. AnswerTravelSearches
reserves the right to display advertisements on your blog unless you have
purchased an ad-free account.
10. Attribution. AnswerTravelSearches
reserves the right to display attribution links such as 'Blog at AnswerTravelSearches.com,'
theme author, and font attribution in your blog footer or toolbar.
11. Partner Products. By activating
a partner product (e.g. theme) from one of our partners, you agree to that
partner's terms of service. You can opt out of their terms of service at any
time by de-activating the partner product.
12. Domain Names. If you are
registering a domain name, using or transferring a previously registered domain
name, you acknowledge and agree that use of the domain name is also subject to
the policies of the Internet Corporation for Assigned Names and Numbers
("ICANN"), including their Registration
Rights and Responsibilities.
13. Changes. AnswerTravelSearches
reserves the right, at its sole discretion, to modify or replace any part of
this Agreement. It is your responsibility to check this Agreement periodically
for changes. Your continued use of or access to the Website following the
posting of any changes to this Agreement constitutes acceptance of those
changes. AnswerTravelSearches may also, in the future, offer new services
and/or features through the Website (including, the release of new tools and
resources). Such new features and/or services shall be subject to the terms and
conditions of this Agreement.
14. Termination. AnswerTravelSearches
may terminate your access to all or any part of the Website at any time, with
or without cause, with or without notice, effective immediately. If you wish to
terminate this Agreement or your AnswerTravelSearches.com account (if you have
one), you may simply discontinue using the Website. Notwithstanding the
foregoing, if you have a paid services account, such account can only be
terminated by AnswerTravelSearches if you materially breach this Agreement and
fail to cure such breach within thirty (30) days from AnswerTravelSearches's
notice to you thereof; provided that, AnswerTravelSearches can terminate the
Website immediately as part of a general shut down of our service. 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.
15. Disclaimer of Warranties. The Website
is provided "as is". AnswerTravelSearches and its suppliers and
licensors hereby disclaim all warranties of any kind, express or implied,
including, without limitation, the warranties of merchantability, fitness for a
particular purpose and non-infringement. Neither AnswerTravelSearches nor its
suppliers and licensors, makes any warranty that the Website will be error free
or that access thereto will be continuous or uninterrupted. You understand that
you download from, or otherwise obtain content or services through, the Website
at your own discretion and risk.
16. Limitation of Liability. In no event
will AnswerTravelSearches, or its suppliers or licensors, be liable with
respect to any subject matter of this agreement under any contract, negligence,
strict liability or other legal or equitable theory for: (i) any special,
incidental or consequential damages; (ii) the cost of procurement for
substitute products or services; (iii) for interruption of use or loss or
corruption of data; or (iv) for any amounts that exceed the fees paid by you to
AnswerTravelSearches under this agreement during the twelve (12) month period
prior to the cause of action. AnswerTravelSearches shall have no liability for
any failure or delay due to matters beyond their reasonable control. The
foregoing shall not apply to the extent prohibited by applicable law.
17. General Representation and Warranty. You represent
and warrant that (i) your use of the Website will be in strict accordance with
the AnswerTravelSearches Privacy Policy, with this Agreement and with all
applicable laws and regulations (including without limitation any local laws or
regulations in your country, state, city, or other governmental area, regarding
online conduct and acceptable content, and including all applicable laws
regarding the transmission of technical data exported from the United States or
the country in which you reside) and (ii) your use of the Website will not
infringe or misappropriate the intellectual property rights of any third party.
18. Indemnification. You agree to
indemnify and hold harmless AnswerTravelSearches, its contractors, and its licensors,
and their respective directors, officers, employees and agents from and against
any and all claims and expenses, including attorneys' fees, arising out of your
use of the Website, including but not limited to your violation of this
Agreement.
19. Miscellaneous. This
Agreement constitutes the entire agreement between AnswerTravelSearches and you
concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of AnswerTravelSearches, or
by the posting by AnswerTravelSearches of a revised version. Except to the
extent applicable law, if any, provides otherwise, this Agreement, any access
to or use of the Website will be governed by the laws of the State of New South
Wales, Australia, excluding its conflict of law provisions, and the proper
venue for any disputes arising out of or relating to any of the same will be
the state and federal courts located in Sydney, New South Wales, Australia.
Except for claims for injunctive or equitable relief or claims regarding
intellectual property rights (which may be brought in any competent court
without the posting of a bond), any dispute arising under this Agreement shall
be finally settled in accordance with the Comprehensive Arbitration Rules of
the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by
three arbitrators appointed in accordance with such Rules. The arbitration
shall take place in Sydney, New South Wales, Australia, in the English language
and the arbitral decision may be enforced in any court. The prevailing party in
any action or proceeding to enforce this Agreement shall be entitled to costs
and attorneys' fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties' original intent,
and the remaining portions will remain in full force and effect. A waiver by
either party of any term or condition of this Agreement or any breach thereof,
in any one instance, will not waive such term or condition or any subsequent
breach thereof. You may assign your rights under this Agreement to any party
that consents to, and agrees to be bound by, its terms and conditions; AnswerTravelSearches
may assign its rights under this Agreement without condition. This Agreement
will be binding upon and will inure to the benefit of the parties, their
successors and permitted assigns.
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