PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE OR SERVICES.
You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and all subdivisions thereof, with respect to which you use or access the Services. Without limiting the foregoing, you agree not to post on or transmit through the Services any material which violates or infringes in any way upon the rights of others; is threatening, abusive or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene; is lewd, lascivious, filthy, excessively violent or otherwise objectionable; or which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by Company or by third-party content providers in connection with third-party content, software or services available on or through the Services.
The content of the Services includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Services are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to Company. Third-party content providers own the copyright in content that is original to them. Indagare Travel, Indagare “I” logo and “The Next Generation of Travel Wisdom” are trademarks and service marks of Indagare Travel. All rights are reserved. All other trademarks and service marks appearing on the site are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” on other web sites is prohibited. You may not display our Services or content in frames or “in-line links” without express written permission from Company (e-mail requests to firstname.lastname@example.org). You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the content of the Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of Company and the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Services. You may not create a database in electronic or manual form by downloading and storing any materials contained on the Services. Any communications or materials you transmit to Company for posting on the Services by, electronic email or otherwise, including, without limitation, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or message postings, will be treated as non-confidential and non-proprietary. You hereby unconditionally and irrevocably transfer and assign to Company, its parent and its and their affiliates, subsidiaries, successors and assigns, in perpetuity, all right, title and interest in and to all such materials including all rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, sell, license, display and otherwise exploit the material you send to Company, in all languages and throughout the universe, in any form, media or technology now known or hereafter devised. You acknowledge and expressly agree that any such communications or materials you transmit or post may be used and exploited by Company, its parent and their affiliates, subsidiaries, successors and assigns, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such information, and you hereby waive the right to receive any financial or other consideration in connection with such information, including, without limitation, credit.
Always use caution and common sense when using the Services, especially when giving out any personally identifying information about yourself or with respect to financial information or transactions. Company does not control or endorse the content, messages or information found in user submitted portions of the Services or external locations and, therefore, Company specifically disclaims any responsibility with regard thereto.
From time to time, the Company may offer as part of the Services contests, promotions, simulations or games (collectively, “Contests”). To participate in Contests, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of the Company. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Contests, unless the description of the Contests expressly invites a user to register multiple times. The Company, at its sole discretion, may suspend or revoke the registration of any Registered User. Registered Users agree to release the Company and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Contest located on, or accessed through, the Services. The Company is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Contest . Each Registered User agrees to be bound by the rules of any Contest and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Services is subject to immediate disqualification and revocation of their registration. The Company is under no obligation to award any prize to any Registered User who violates a published rule or guideline. Some Contests may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Contest. The Company reserves the right to cancel, terminate or alter any Contest or the rules thereof at any time without prior notification.
ADDITIONS AND CHANGES
You agree to review this Agreement on a regular basis to be aware of Changes (as defined herein) and any notices we may send to you. Company has the right, at any time, to: (a) add, change or discontinue any aspect or feature of the Services, including, but not limited to, content, availability and equipment needed for access or use; (b) impose, change or modify its terms and conditions applicable to your use of the Services, or any part thereof; and/or (c) impose, change or modify the terms and conditions of this Agreement (“Changes”). Such Changes shall be effective immediately upon notice by posting the Changes on Company’s and Services or by any other method of notice Company deems appropriate. Any use of the Services by you after notice of the Changes, constitutes acceptance by you of such Changes.
The Services may contain links to external locations (e.g., other web sites, etc.) and the ability to access external portions of the Internet or otherwise. You agree that Company is not responsible for the availability of these external locations, the content, including, without limitation, solicitations thereon or products or services made available thereby. You acknowledge that some external locations may contain materials or communications which are unedited, untrue, illegal in some jurisdictions and may be offensive. You agree to access external locations at your own risk and not to permit minors to have access in inappropriate material. You agree that Company shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location and you hereby irrevocably waive any and all claims related thereto against Company. Any concerns regarding any external location should be directed to its respective site administrator, systems operator or webmaster.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services, and you shall be responsible for all charges related thereto.
In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent communications to mobile devices (such as cell phones) offered as part of the Services (“Mobile Communications”). [No more than two messages per day per Mobile subscription will be sent]. All charges are billed by and payable to your mobile service provider.
We will not be liable for any delays in the receipt of any Mobile Communications, as delivery is subject to effective transmission from your network operator. Mobile Communications message services are provided on an AS IS basis.
Data obtained from you in connection with Mobile Communications may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. [We will never share this information with a third party.]
You agree that the cell phone number you enter for Mobile Communications is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity. You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make Mobile Communications available. You shall provide all equipment and software necessary to use Mobile Communications, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with Mobile Communications. You agree not to modify the format or branding of any content provided through Mobile Communications (“Content”), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content except as expressly provided for in this Agreement.
You acknowledge and agree that content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by the Company or submitted to the Company, including any content appearing for the Services. You further acknowledge and agree that the views expressed on the Service do not necessarily reflect the views of the Company, and the Company does not support or endorse content (including any content submitted by third parties, whether or not edited by the Company or its designee or presented on the Services edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User. The information available as part of the Services is provided for purposes of entertainment only and reflects the personal opinion of the writers of such information. The Company has no responsibility for the accuracy of any statements reflected in such information.
You understand that we cannot and do not promise, guarantee or warrant that files you download through the Internet will be free from viruses, worms, Trojan horses or other code that may be destructive. You are responsible for implementing sufficient safeguards for yourself. We do not assume any responsibility for your use of the Internet.
Part of the Services may contain advertising, including classified advertising, and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Services is accurate and complies with international and national law. The Company will not be responsible for any error or inaccuracy in advertising material.
The content of the site may not be complete or up-to-date and should not be used to replace any other statements or notices provided by us. Information obtained by using this site is not exhaustive and does not necessarily cover all relevant issues.
FOR YOUR INFORMATION
USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information on this site is current only as of the date it is posted.
LIMITATION ON LIABILITY
INDAGARE TRAVEL, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, HEREAFTER IN THIS PARAGRAPH, “INDAGARE”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF INDAGARE TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO INDAGARE.
SECURITY AND PRIVACY
Any passwords used for registration on this site are for individual use only. You may not share your password with anyone. You are solely responsible for the security of your password and any use of the Services by anyone else with whom you share your password. We may monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we may require it to be changed or we may end your account.
You agree that Company in its sole discretion, shall have the right, but not the obligation, to edit, refuse to post or remove any material submitted to or posted on the Services, for any reason whatsoever, including, without limitation, if Company considers that the material constitutes or promotes gambling or any illegal activity, or if Company considers the material to be pornographic, sexually explicit, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. Notwithstanding the foregoing, you shall remain solely responsible for the content of material you upload, post or otherwise make available on the Services. Furthermore, you acknowledge that the Services may not be monitored and that you do not rely on Company to monitor or edit the Services and that the Services may contain content which you find offensive, and you hereby waive any objections you might have with respect to viewing such content.
You hereby certify that you are at least 13 years old. The Services are intended for people who are at least 13 years old. If you are under 13, please do not use the Services. We do not knowingly collect any personally identifiable information from any person under 13 years old.
Company operates and controls the Site from its offices in New York, New York, in the United States of America. Company makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You and Company irrevocably disclaim and waive the application of the U.N. Convention for the International Sale of Goods. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. These Terms and Conditions are effective until terminated by the Company. This Agreement contains the entire understanding of you and Company, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Complaints, Notices and Official Address:
Company takes the intellectual property rights of others very seriously and complies with the complaint procedures of the Digital Millennium Copyright Act. If you believe that any of the material on our Services infringes any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please send the specific details of your claimed infringement via either email or letter to the contact listed below.
Indagare Travel, Inc.:
DO NOT SEND ANY INQUIRIES UNRELATED TO INTELLECTUAL PROPERTY INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. All other correspondence should be sent to Webmaster@indagare.com.
In your notification, please include the following information:
1. Identification of the copyrighted work(s) claimed to have been infringed and statement of ownership to such work(s);
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address at which you may be contacted;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. Your physical or electronic signature and the address, telephone number and e-mail address at which you may be contacted.
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