Terms of Service
Travolti.com | Terms of Use
Date of Last Revision: April
2, 2009.
Welcome to Travolti, a social community that
connects you objective, unsolicited, user-generated content from global
locations and destinations.. By accessing or using our web site at www.travolti.com, you (the
"User") signify that you have read, understand and agree to be bound
by these Terms of Use ("Terms of Use" or "Agreement"),
whether or not you are a registered member of travolti. We reserve the right,
at our sole discretion, to change, modify, add, or delete portions of these
Terms of Use at any time without further notice. If we do this, we will post
the changes to these Terms of Use on this page and will indicate at the top of
this page the date these terms were last revised. Your continued use of the
Service or the Site after any such changes constitutes your acceptance of the
new Terms of Use. If you do not agree to abide by these or any future Terms of
Use, do not use or access (or continue to use or access) the site. It is your
responsibility to regularly check the Site to determine if there have been
changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY
AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE
RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where
prohibited. This Site is intended solely for users who are thirteen (13) years
of age or older. Any registration by, use of or access to the Site by anyone
under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By
using the Service or the Site, you represent and warrant that you are 13, and
that you agree to and to abide by all of the terms and conditions of this
Agreement. Further, each person is restricted to one registration/profile at a
point in time. Multiple accounts are strictly prohibited.
Registration Data; Account Security
In consideration of your use of the Site, you
agree to (a) provide accurate, current and complete information about you as
may be prompted by any registration forms on the Site ("Registration
Data"); (b) maintain the security of your password and identification; (c)
maintain and promptly update the Registration Data, and any other information
you provide to Company, to keep it accurate, current and complete; and (d) be
fully responsible for all use of your account and for any actions that take
place using your account. Travolti, LLC. is not responsible for actions that
may result from a 3rd party accessing a user’s account, including:
profile changes, account deletions, and uploaded or distributed content within
our outside of travolti.com
Proprietary Rights in Site Content; Limited
License
All content on the Site and available through
the Service, including designs, text, graphics, pictures, video, information,
applications, software, music, sound and other files, and their selection and
arrangement (the "Site Content"), are the proprietary property of the
Company, its users or its licensors with all rights reserved. No Site Content
may be modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or sold in any form or by
any means, in whole or in part, without the Company's prior written permission,
except that the foregoing does not apply to your own User Content (as defined
below) that you legally post on the Site. Provided that you are eligible for
use of the Site, you are granted a limited license to access and use the Site
and the Site Content and to download or print a copy of any portion of the Site
Content to which you have properly gained access solely for your personal, non-commercial
use, provided that you keep all copyright or other proprietary notices intact.
Except for your own User Content, you may not upload or republish Site Content
on any Internet, Intranet or Extranet site or incorporate the information in
any other database or compilation, and any other use of the Site Content is
strictly prohibited. Such license is subject to these Terms of Use and does not
permit use of any data mining, robots, scraping or similar data gathering or
extraction methods. Any use of the Site or the Site Content other than as
specifically authorized herein, without the prior written permission of
Company, is strictly prohibited and will terminate the license granted herein.
Such unauthorized use may also violate applicable laws including copyright and
trademark laws and applicable communications regulations and statutes. Unless
explicitly stated herein, nothing in these Terms of Use shall be construed as
conferring any license to intellectual property rights. This license is
revocable at any time without notice and with or without cause.
Trademarks
TRAVOLTI and other Company graphics, logos,
designs, page headers, button icons, scripts and service names are registered
trademarks, trademarks or trade dress of Company in the
User Conduct
You understand that except for advertising
programs offered by us on the Site, the Service and the Site are available for
your personal, non-commercial use only. You represent, warrant and agree that
no materials of any kind submitted through your account or otherwise posted,
transmitted, or shared by you on or through the Service will violate or
infringe upon the rights of any third party, including copyright, trademark,
privacy, publicity or other personal or proprietary rights; or contain
libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest
or collect email addresses or other contact information of other users
from the the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
- use
the Service or the Site in any unlawful manner or in any other manner that
could damage, disable, overburden or impair the Site;
- use
automated scripts to collect information from or otherwise interact with
the Service or the Site;
- upload,
post, transmit, share, store or otherwise make available any content that
we deem to be harmful, threatening, unlawful, defamatory, infringing,
abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of
privacy or publicity rights, hateful, or racially, ethnically or otherwise
objectionable;
- upload,
post, transmit, share, store or otherwise make available any videos other
than those of a personal nature that: (i) are of you or your friends, (ii)
are taken by you or your friends, or (iii) are original art or animation
created by you or your friends;
- register
for more than one User account, register for a User account on behalf of
an individual other than yourself, or register for a User account on
behalf of any group or entity;
- impersonate
any person or entity, or falsely state or otherwise misrepresent yourself,
your age or your affiliation with any person or entity;
- upload,
post, transmit, share or otherwise make available any unsolicited or
unauthorized advertising, solicitations, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
- upload,
post, transmit, share, store or otherwise make publicly available on the
Site any private information of any third party, including, addresses,
phone numbers, email addresses, Social Security numbers and credit card
numbers;
- solicit
personal information from anyone under 18 or solicit passwords or
personally identifying information for commercial or unlawful purposes;
- upload,
post, transmit, share or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
- intimidate
or harass another;
- upload,
post, transmit, share, store or otherwise make available content that
would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create
liability or violate any local, state, national or international law;
- use
or attempt to use another's account, service or system without
authorization from the Company, or create a false identity on the Service
or the Site.
- upload,
post, transmit, share, store or otherwise make available content that, in
the sole judgment of Company, is objectionable or which restricts or
inhibits any other person from using or enjoying the Site, or which may
expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you
also agree to abide by our Community
Guidelines that provides further information regarding the authorized
conduct of users on Travolti.
User Content Posted on the Site
You are solely responsible for the photos,
profiles (including your name, image, and likeness), messages, notes, text,
information, music, video, advertisements, listings, and other content that you
upload, publish or display (hereinafter, "post") on or through the
Service or the Site, or transmit to or share with other users (collectively the
"User Content"). You may not post, transmit, or share User Content on
the Site or Service that you did not create or that you do not have permission
to post. You understand and agree that the Company may, but is not obligated
to, review the Site and may delete or remove (without notice) any Site Content
or User Content in its sole discretion, for any reason or no reason, including
User Content that in the sole judgment of the Company violates this Agreement
or the Community
Guidelines, or which might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of users or others. You are solely
responsible at your sole cost and expense for creating backup copies and
replacing any User Content you post or store on the Site or provide to the
Company.
When you post User Content to the Site, you authorize and direct us to make
such copies thereof as we deem necessary in order to facilitate the posting and
storage of the User Content on the Site. By posting User Content to any part of
the Site, you automatically grant, and you represent and warrant that you have
the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use, copy, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Site or the promotion thereof,
to prepare derivative works of, or incorporate into other works, such User
Content, and to grant and authorize sublicenses of the foregoing. You may
remove your User Content from the Site at any time. If you choose to remove
your User Content, the license granted above will automatically expire, however
you acknowledge that the Company may retain archived copies of your User
Content. Travolti does not assert any ownership over your User Content; rather,
as between us and you, subject to the rights granted to us in these Terms, you
retain full ownership of all of your User Content and any intellectual property
rights or other proprietary rights associated with your User Content.
Copyright Complaints
We respect the intellectual property rights
of others and we prohibit users from uploading, posting or otherwise
transmitting on the Facebook website or service any materials that violate
another party's intellectual property rights. When we are notified of an
alleged copyright infringement,, we promptly remove or disable access to the
allegedly infringing material and terminate the accounts of repeat infringers.
If you believe that any material on the Site infringes upon any copyright which
you own or control, you may send a written notification of such infringement to
our support team.
Repeat Infringer Policy
In accordance with the Digital Millennium
Copyright Act (DMCA) and other applicable law, Company has adopted a policy of
terminating, in appropriate circumstances and at Company's sole discretion,
members who are deemed to be repeat infringers. Company may also at its sole
discretion limit access to the Site and/or terminate the memberships of any
users who infringe any intellectual property rights of others, whether or not
there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through
the Site or the Service) links to other web sites ("Third Party
Sites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software and other
content or items belonging to or originating from third parties (the
"Third Party Applications, Software or Content"). Such Third Party
Sites and Third Party Applications, Software or Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third Party Sites accessed through the Site or
any Third Party Applications, Software or Content posted on, available through
or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in
the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third
Party Site or any Third Party Applications, Software or Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site and
access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that
our terms and policies no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any site to
which you navigate from the Site or relating to any applications you use or
install from the site.
Share Service
Company offers a feature whereby users of the
Site can share with others or post to their own member profile, videos,
articles and other Third Party Applications, Software or Content from, and/or
links to, Third Party Sites through the Service (the "Share
Service"). You acknowledge and agree that your use of the Share Services
and all links, User Content or Third Party Applications, Software or Content
shared through the Share Service is subject to, and will fully comply with the
user conduct rules set forth above and the other terms and conditions set forth
in these Terms of Use.
User Disputes
You are solely responsible for your
interactions with other travolti users. We reserve the right, but have no
obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our users. Click
here to view the Travolti’s
Privacy Policy. By using the Site or the Service, you are consenting to have
your personal data transferred to and processed in the
Disclaimers
The Company is not responsible or liable in
any manner for any User Content, Software or Content posted on the Site or in
connection with the service, whether posted or caused by users of the Site, by Travolti,
by third parties or by any of the equipment or programming associated with or
utilized in the site and/or service. Although we provide rules for user conduct
and postings, we do not control and are not responsible for what users post,
transmit or share on the Site and are not responsible for any offensive,
inappropriate, obscene, unlawful or otherwise objectionable content you may
encounter on the Site or in connection with any User Content or Third Party
Applications, Software or Content. The Company is not responsible for the
conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for
maintenance or other reasons. Company assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, User communications. The Company is not responsible for any
technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile
phone, or other hardware or software, related to or resulting from using or
downloading materials in connection with the Web and/or in connection with the
Service, including any Mobile Client software. Under no circumstances will the
Company be responsible for any loss or damage, including any loss or damage to
any User Content or personal injury or death, resulting from anyone's use of
the Site or the Service, any User Content or Third Party Applications, Software
or Content posted on or through the Site or the Service or transmitted to
Users, or any interactions between users of the Site, whether online or
offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, THE SHARE SERVICE AND THE
MARKETPLACE SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE
PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY
SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM
APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR
MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS
SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING
OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE
TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND
AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR
SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY
PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE
OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
FURTHER TRAVOLTI’S REVIEWS OF LOCATIONS AND DESTINATIONS ARE GENERALITIES. THEY
DO NOT INCLUDED (AND ARE NOT INTENDED TO INCLUDE) SPECIFIC DANGERS THAT ONE MAY
BE EXPOSED TO WHILE VISITING. NO CONTENT
ON THE SITE IS A RECOMMENDATION FOR TRAVEL, AND TRAVOLTI WILL NOT BE RESPONSIBLE
FOR ANY ACTIONS OR CONSEQUENCES AS RELATED TO TRAVEL, DINING, ACTIVITIES, ETC.
THAT ARE REVIEWED ON OUR SITE.
The Company reserves the right to change any and all content, software and
other items used or contained in the Site and any Services and Platform
Applications offered through the Site at any time without notice. Reference to
any products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any affiliation
therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE
SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER
MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY
IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE
COMPANY'S LIABILITY TO YOU EXCEED $1. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID
TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY,
UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY
KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
Termination
The Company may terminate your membership,
delete your profile and any content or information that you have posted on the
Site or through any Platform Application and/or prohibit you from using or
accessing the Service or the Site or any Platform Application (or any portion,
aspect or feature of the Service or the Site or any Platform Application) for
any reason, or no reason, at any time in its sole discretion, with or without
notice, including if it believes that you are under 13, or under 18 and not in
high school or college. When we are notified that a user has died, we will generally,
but are not obligated to, keep the user's account active under a special
memorialized status for a period of time determined by us to allow other users
to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the
Service, you agree that the laws of the State of
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY
OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY
SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND
REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING
OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO
OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION,
except that: (a) to the extent that either of us has in any manner infringed
upon or violated or threatened to infringe upon or violate the other party's
patent, copyright, trademark or trade secret rights, or you have otherwise
violated any of the user conduct rules set forth above or in the Code of
Conduct then the parties acknowledge that arbitration is not an adequate remedy
at law and that injunctive or other appropriate relief may be sought; and (b)
no disputes or claims relating to any transactions you enter into with a third
party through the
Indemnity
You agree to indemnify and hold the Company,
its subsidiaries and affiliates, and each of their directors, officers, agents,
contractors, partners and employees, harmless from and against any loss,
liability, claim, demand, damages, costs and expenses, including reasonable
attorney's fees, arising out of or in connection with any User Content, any
Third Party Applications, Software or Content you post or share on or through
the Site (including through the Share Service), your use of the Service or the
Site, your conduct in connection with the Service or the Site or with other
users of the Service or the Site, or any violation of this Agreement or of any
law or the rights of any third party.
Submissions
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback or other information about the Site or
the Service ("Submissions"), provided by you to Company are
non-confidential and shall become the sole property of Company. Company shall
own exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for any
purpose, commercial or otherwise, without acknowledgment or compensation to
you.
Definitions and Constructions
Unless otherwise specified, the terms
"includes", "including", "e.g.,", "for
example", and other similar terms are deemed to include the term
"without limitation" immediately thereafter. Terms used in these
Terms with the initial letter(s) capitalized will have the meaning attributed
to them in these Terms.
Other
These Terms of Use constitute the entire
agreement between you and Company regarding the use of the Site and/or the
Service, superseding any prior agreements between you and Company relating to
your use of the Site or the Service. The failure of Company to exercise or
enforce any right or provision of these Terms of Use shall not constitute a
waiver of such right or provision in that or any other instance. If any
provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect. If any provision of these Terms of Use
shall be deemed unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these Terms of Use and shall not
affect the validity and enforceability of any remaining provisions.