Introduction:
Welcome to TravelBeautifulPlaces.com. Please
carefully review the following Terms and Conditions of Use ("Terms of
Use") which sets forth legally binding terms for your use of this Web
site.
Acceptance of Terms of Use:
These Terms of Use constitute the agreement between TRAVELBEAUTIFULPLACES PROJECT
and you as a user who accesses the web site known as TravelBeautifulPlaces.com
("Site"). By accessing, browsing, or using this Site, you acknowledge
that you have read, understand, and agree to be bound by these Terms of
Use. If you do not agree to these Terms of Use, do not access, browse,
or use the Site.
Changes to Terms of Use:
TravelBeautifulPlaces Project reserves the right, at its sole discretion, to
change, modify, add, or remove portions of these Terms of Use at any
time. It is your responsibility to check these Terms of Use
periodically for revisions. Your continued use of the Site following
the posting of changes will mean that you accept and agree to the
revisions.
Intellectual Property Rights:
All content on the Site, including without limitation, the text,
graphics, illustrations, photographs, sounds, music, artwork, user
interfaces, visual interfaces, and computer code (collectively,
"Content"), and the trademarks, service marks, and logos contained
therein ("Marks"), are owned, controlled and/or licensed by the
TRAVELBEAUTIFULPLACES PROJECT, and are protected by copyright, patent and
trademark laws, and various other intellectual property rights under
international laws, and conventions. TRAVELBEAUTIFULPLACES PROJECT does not take responsibility for any Content, added by the users.
Except as stated in these Terms of Use, the Content of the Site is
provided to you AS IS for your information and personal use only and
may not be used, reproduced, modified, copied, distributed, published,
transmitted, displayed, broadcast, sold, or licensed in any form or by
any means, including, but not limited to, photocopying, mechanical,
electronic, recording, or otherwise, without the prior written consent
of the respective owners. Permission is granted to copy, print, and
download Content from the Site for personal, non-commercial use only,
provided you do not modify the Content, and that you retain all
copyright and other proprietary notices contained in the Content.
TRAVELBEAUTIFULPLACES PROJECT's policy is to comply with all intellectual
property laws and to promptly investigate any allegations of copyright
infringement brought to its attention. If you have evidence, know, or
have a good faith belief that your rights or the rights of a third
party have been violated and you want TRAVELBEAUTIFULPLACES PROJECT to remove or
edit the Content in question, you must provide TRAVELBEAUTIFULPLACES PROJECT with
all of the following information:
For this notification to be effective, you must provide the
information to TRAVELBEAUTIFULPLACES PROJECT by email: travel (at) travelbeautifulplaces.com.
Links to Third-Party Web Sites, Products, and Services:
This Site contains links to other Web sites owned by third parties.
Your use of third-party Web sites is subject to the conditions, if any,
which they have posted. Third-party Web sites may have a privacy policy
different from this Site.
TRAVELBEAUTIFULPLACES PROJECT has no control over, and no liability for any
third-party Web sites or material. TRAVELBEAUTIFULPLACES PROJECT works with a
number of partners and affiliates whose Web sites may be linked with
this Site. In addition, there may be third-party Web sites which have
not been reviewed by us. Because TRAVELBEAUTIFULPLACES PROJECT has no control
over the content and performance of third-party Web sites, TRAVELBEAUTIFULPLACES
PROJECT makes no guarantees about the accuracy, currency, content, or
quality of the information provided by such third-party Web sites.
Furthermore, TRAVELBEAUTIFULPLACES PROJECT assumes no responsibility for
unintended, objectionable, inaccurate, misleading, or unlawful content
that may reside on those Web sites.
TRAVELBEAUTIFULPLACES PROJECT does not sell, resell, or license any of the
products or services that it discusses, reviews, lists, or advertises
on the Site, and disclaims any responsibility or liability related to
them. Your correspondence or related activities with third parties,
including transactions of payment and transactions of goods-delivery,
are solely between you and that third party. You agree that TRAVELBEAUTIFULPLACES
PROJECT will not be responsible or liable for any loss or damage of any
sort incurred as the result of any of your transactions with third
parties. Any claims, complaints, or questions related to any
third-party product or service should be directed to the appropriate
vendor.
Privacy Policy:
All of the information TRAVELBEAUTIFULPLACES PROJECT collects from you is subject
to our Privacy Policy. Please follow this link to review our full Privacy Policy.
Disclosure of Personal Information:
You acknowledge, consent, and agree that TRAVELBEAUTIFULPLACES PROJECT may
access, preserve, and disclose any of your personal information or
submissions if required to do so by law, or in a good faith belief that
such access, preservation, or disclosure is reasonably necessary to
enforce the Site's Terms of Use, respond to your customer service
requests, comply with legal process, respond to third-party claims
indicating that provided Content violates their rights, or protect the
rights, property, or personal safety of TRAVELBEAUTIFULPLACES PROJECT, its users,
and the public.
Disclaimer of Warranty:
YOU AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME
TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. NEITHER TRAVELBEAUTIFULPLACES
PROJECT, NOR ANY OF ITS AFFILIATES, EMPLOYEES, LICENSORS, AGENTS, OR
THIRD-PARTY CONTENT PROVIDERS WARRANT THAT THE SITE WILL BE ERROR FREE
OR UNINTERUPTED. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY,
CURRENTNESS, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT,
INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE
SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, ANY LINKS
TO OTHER SITES MADE AVAILABLE ON THE SITE, OR ANY LOSS OR DAMAGE OF ANY
KIND, INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, OR INCURRED FROM
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SITE BY ANY THIRD PARTY.
TRAVELBEAUTIFULPLACES PROJECT IS PROVIDING THE SITE AND ITS CONTENTS ON AN “AS
IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR
CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU
AGREE THAT THE USE OF LINKED THIRD-PARTY SITES IS AT YOUR SOLE RISK,
AND YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THOSE SITES.
TRAVELBEAUTIFULPLACES PROJECT DOES NOT WARRANT, GUARANTEE, ENDORSE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEB SITE FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND TRAVELBEAUTIFULPLACES PROJECT WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THE THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD EXERCISE YOUR BEST JUDGMENT AND USE CAUTION
WHERE APPROPRIATE.
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL TRAVELBEAUTIFULPLACES PROJECT, OR ANY OF ITS
AFFILIATES, EMPLOYEES, LICENSORS, AGENTS, OR THIRD-PARTY CONTENT
PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND
AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY MISTAKES,
ERRORS, OR INACCURACIES OF CONTENT, THE INABILITY TO USE ANY CONTENT,
INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE
SITE, OR THE SITE ITSELF, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TRAVELBEAUTIFULPLACES PROJECT AND ANY OF ITS
AFFILIATES, EMPLOYEES, LICENSORS, AGENTS, OR THIRD-PARTY CONTENT
PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND
AGENTS, ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF DAMAGE OR HARM FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity:
You agree to indemnify, defend, and hold harmless TRAVELBEAUTIFULPLACES PROJECT,
its affiliates, employees, licensors, agents, or third-party content
providers, and their respective directors, officers, employees, and
agents, from and against any and all claims, liability, losses,
expenses and costs, including attorneys' fees and legal fees and costs,
arising out of your use of the Site, your breach of any provisions of
these Terms of Use, or your violation of any third-party right,
including without limitation any copyright, property, or privacy right,
or any claim that one of your submissions caused damage to a third
party, person or entity. TRAVELBEAUTIFULPLACES PROJECT reserves the right, in its
sole discretion and at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate as fully as reasonably
required in the defense of any claim.
Governing Law and Resolution of Disputes:
The Terms of Use, which is the agreement between you and TRAVELBEAUTIFULPLACES
PROJECT, as well as the relationship between you and TRAVELBEAUTIFULPLACES
PROJECT, shall be governed by the European laws without regard to its
conflicts of laws provisions.
TRAVELBEAUTIFULPLACES PROJECT may choose to resolve any controversy, claim or
dispute arising out of or relating to these Terms of Use, or the Site,
by binding arbitration in accordance with the commercial arbitration
rules. The arbitration shall be conducted by a single arbitrator. No
claims of any other parties may be joined or otherwise combined in the
arbitration proceeding.
In any and all actions, controversies, claims, or disputes, should
arbitration not be elected by TRAVELBEAUTIFULPLACES PROJECT, or should the
arbitration provisions herein become inapplicable or unenforceable, or
in any instance of any lawsuit between you and TRAVELBEAUTIFULPLACES PROJECT, you
and TRAVELBEAUTIFULPLACES PROJECT agree to submit to the personal and exclusive
jurisdiction, and venue, of the state and federal courts located within
European countries, waiving all defenses of lack of personal
jurisdiction and forum non conveniens (forum or location which is not
convenient).
If any provision of the Terms of Use is found by a court of competent
jurisdiction to be invalid, you, TRAVELBEAUTIFULPLACES PROJECT, and the court
shall make every possible effort to give effect to the intent reflected
in that provision, and the remaining Terms of Use provisions shall
retain their full force and effect.
The failure of TRAVELBEAUTIFULPLACES PROJECT to exercise or enforce any right or
provision of these Terms of Use shall not constitute a waiver of such
right or provision.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of, or related to, use of the
Site, or of the Terms of Use, must be filed within one (1) year after
such claim or cause of action arose, or be forever barred.
Terms of Use Headings:
The Terms of Use headings are only for convenience of reference and
have no legal or contractual effect. No construction or inference shall
be derived from them.
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