TravelMuse
 
 

Terms of Use

 

 
Acceptance of Terms of Services

Welcome! By using the TravelMuse.com Website or using services made available on or through TravelMuse.com, including the planning, sharing or purchasing travel services, or online collaboration tools and shopping services now known or hereafter developed (the “Services”), you agree to be bound by the following terms and conditions (the “Terms of Service”).

Changes in Service or Terms of Service

We may modify or terminate our Website or Services from time to time or terminate the Website or Services, for any reason, with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. You agree to be bound to any changes to these Terms of Service when you use the Services after any such modification is posted. Please review these Terms of Service from time to time so that you will be apprised of any changes.

If you do not wish to accept the Terms of Service, please cease accessing the Website or using the Services immediately.

Qualifications

You represent and warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Website and the Services (as well as for use of your account by others, including, without limitation, minors living with you). You also warrant that all information supplied by you or members of your household in using this Website and Services is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this Website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that abuse of the travel services reservation facilities of this Website and the Services may result in you being denied access to such Services or other legal action.

Supplier’s Terms

Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights or hotels, in your forfeiting any monies paid for such reservation(s) or purchase. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this Website and the Services.

Use of Website and Its Content

TravelMuse.com’s travel searching, planning and purchasing tools are to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. No part of this Website or any information, data, text, images, files, links, software, chat, communication or other materials (“Content”) displayed on this Website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that TravelMuse.com authorizes you to view, copy, download, and print Content that is displayed on this Website, subject to the following conditions:

  1. The Content may be used solely for your personal, noncommercial, informational purposes;
  2. The Content may not be modified;
  3. Copyright, trademark, and other proprietary notices may not be removed; and
  4. We reserve the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice.

Nothing contained on this Website and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with our prior written permission or such third party that may own the trademark or copyright of material displayed on this Website.

General Practices Regarding Use of TravelMuse.com

You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum number of itineraries that may be saved in your account, the maximum number of members that can work on a specific trip and the maximum disk space that will be allotted on our servers on your behalf. In addition, you agree not to take any action that might impose, in our discretion, a disproportionately large load on our servers or infrastructure.

Standards of User Conduct

You may not use this Website or the Services (the “Site”) to

  • (i) transmit via or through the Site any Content that is or which we consider in our sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, violent, harassing or otherwise objectionable Content;
  • (ii) sell or promote any products or services that are unlawful in the location at which the Content is posted or received;
  • (iii) sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;
  • (iv) introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
  • (v) display material that exploits, or otherwise exploit, children under 18 years of age;
  • (vi) post any Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
  • (vii) promote, solicit or participate in multi-level marketing or pyramid schemes;
  • (viii) harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
  • (ix) impersonate any other person, including but not limited to, a TravelMuse.com official, expert or bulletin board leader, guide or host;
  • (x) post or disclose any personally identifying information or private information about children or any third parties;
  • (xi) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
  • (xii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; or
  • (xiii) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

These are some, though not all, of the activities that may result in removal of Content which you post to the Site and/or the termination of your access to the Website.

Ownership

This Website, and the information which it contains, is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All other product names are trademarks or registered trademarks of their respective owners. You agree not to copy, reverse engineer, or attempt to discover any source code, distribute or create derivative works based on the Website and Services, in whole or in part. You agree not to access the Services by any means other than through the interface that is provided through www.TravelMuse.com for use in accessing the Services. In addition, reproduction or redistribution of any software that is made available from this Website, is expressly prohitibted, including without limitation all HTML code and Web controls.

Indemnity

By using this Website, you agree to indemnify, hold harmless and defend our company and its affiliates, directors, officers, employees and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this Website or the Services or in violation of these Terms of Service.

Notice and Take Down Procedures; Copyright Agent

If you believe any copyrighted work accessible on or from this Website infringe your copyright, you may request removal of such work (or access thereto) from this Website by contacting us and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the work that you believe to be infringing and its location. Please describe the work, and provide us with its URL or any other pertinent information that will allow us to locate the work.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the use of the work is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Website who are repeat infringers.

Availability of Products and Services Mentioned

Information that is published on this Website may contain references or cross references to products or services that are not available or approved by certain appropriate regulatory authorities. Such references do not imply that we intend to announce or make available such products or services to the general public, or in your country.

No Warranties

THIS WEBSITE, THE SERVICES, AND ALL CONTENT PROVIDED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCT, AND SERVICES CONTAINED ON THE WWW.TRAVELMUSE.COM WEBSITE FOR ANY PURPOSE. ALL SUCH PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

OUR SUPPLIERS, INCLUDING WITHOUT LIMITATION AIRLINES, HOTELS, TRAVEL AGENCIES, AND TOUR OPERATORS, PROVIDING TRAVEL OR OTHER SERVICES THROUGH TRAVELMUSE.COM ARE NOT AGENTS OR EMPLOYEES OF OUR COMPANY. WE MAKE NO WARRANTIES OR GUARANTEES WITH REGARD TO THE SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSION, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE WWW.TRAVELMUSE.COM WEBSITE AND SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR ANY SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE AND ANY SERVICES

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF OUR COMPANY (OR ITS AGENTS OR SUPPLIERS) FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE GREATER OF (i) THE AMOUNTS EARNED BY THE COMPANY WITH RESPECT TO THE APPLICABLE SERVICE GIVING RISE TO SUCH CLAIM OF DAMAGES, IF ANY OR (ii) $50.00.

Risk of Travel

Although most travel is completed without incident, travel to certain destinations may involve greater risk. By offering for sale travel to particular destinations, we do not represent or warrant that travel to such points is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.

Links to Third-Party Websites

The www.travelmuse.com Website may contain links to other third-party Websites. These links are provided to you as a convenience, and we are not responsible for the content of any linked Website. Any outside Website accessed from the TravelMuse.com Website is independent, and we have no control over the content of any linked Website. In addition, a link to any third-party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement of that third party or of any product or service provided by a third party.

Jurisdictional Issues

We make no representation that information on the www.travelmuse.com Website is appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to and Affiliated Servers

We do not claim ownership of content (including photos and graphics) you submit or make available for inclusion as part of our trip. However:
1) Trip Content. With respect to trip content you submit or make available for inclusion as part of a trip, you hereby grant to us a world-wide, royalty free, and non-exclusive license to use, distribute, reproduce, modify, adapt, and publicly display such content for the purposes of providing and promoting the trip to which such trip content was submitted. This license exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you remove or we remove such content from the Service.
2) Publicly Accessible trip content. With respect to trip content you submit or make available for inclusion in “publicly accessible” areas of the Services, you hereby grant to us a world-wide, royalty free, non-exclusive, and irrevocable license to use, distribute, reproduce, modify, adapt, publicly display, and sublicense content (including photos and graphics) for any purpose. “Publicly accessible” areas of the Services are those areas that are intended by us to be available to the general public including trips where the option to share a trip with the public has been selected. Publicly accessible areas do not include trips that you have selected to keep as private trips.

Miscellaneous Terms

These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Supreme Court of the State of New York, New York, or the United States District Court for the Southern District of New York, and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by us.

For Additional Information

If you have any questions about the rights and restrictions above, please contact us.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.


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