1. ACCEPTANCE OF TERMS
Welcome to TargetMyTravel website including related applications (collectively, this “Website”). This Website allows internet users to gather and publish travel information including but not limited to opinions in the form of ratings and reviews, news; providing collaborative forums about travel, and has no further purposes. The terms “we”, “us”, “our” and “TargetMyTravel” refer to TargetMyTravel, a California business entity and/or our subsidiaries. The term “you” refers to the user of visiting and/or collaborating content on this Website.
By using this Website you agree to comply with any/all the terms, conditions, and notices set forth (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and signify that you have read and understood all/any of its terms and conditions. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as information about the related law and jurisdiction of disputes. If you do not accept all of these terms and conditions, your only recourse is to immediately discontinue the use of the Website.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify, or otherwise alter this Agreement at any time in the future. Such modifications shall become effective immediately upon the posting thereof. By using this Website after such change, modification, or alteration shows your acceptance of the updated, modified, or altered Agreement. We will note the date that revisions were last made to the Agreement at top of this page. Be sure to return to this web page periodically to review the most current version of the Agreement.
You must be 18 years or older to use the Website.
3. SUBMISSION OF INFORMATION
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials including reviews and listings, sent comments, suggestions, ideas or the like contained in any submissions (collectively, the “Submission(s)") posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such Submissions originated. More specifically, you are entirely responsible for each individual item ("Item") of Submissions that you post, email, or otherwise make available via the Website. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
You understand that the Website might not control, and is not responsible for Submissions made available through the Website, and that by using the Website, you may be exposed to Submissions that are offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and Submissions available through the Website may contain links to other websites, which are completely independent of the Website. The Website makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Submission, that you may not rely on said Submissions, and that under no circumstances will the Website be liable in any way for any Submission or for any loss or damage of any kind incurred as a result of the use of any Submission posted, emailed, or otherwise made available via the Website. You acknowledge that the Website pre-screen or approve Submissions, and that the Website shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Submission that is available via the Website, for violating the letter or spirit of this Agreement, or for any other reason.
4. WEBSITE INTEGRETY
The Website does not warrant that (i) the Website will meet your specific requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website will be accurate or reliable, (iv) the quality of any products, services, information, or other material viewed, purchased, or obtained by you through the Website will meet your expectations, and (v) any errors in the Website will be corrected.
5. THIRD PARTY CONTENT, SITES, AND SERVICES
The Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the Website, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Website, or between users and any third party, you understand and agree that the Website is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Website, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
6. PRIVACY AND INFORMATION DISCLOSURE
7. CONDUCT ON THE WEBSITE
You agree not to post, email, or otherwise make a Submission:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or physical impairment;
d) that violates the US Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, sexual orientation, familial status or physical impairment (or violates any US state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that impersonates any person or entity, including, but not limited to, a Website employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Submission that constitutes lawful non-deceptive parody of public figures.);
f) that includes personal or identifying information about another person without that person's explicit consent;
g) that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submission that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Website which are not designated for such purposes; or emailed to the Website users who have not indicated in writing that it is ok to contact them about other services, products, or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in 5. THIRD PARTY CONTENT, SITES, AND SERVICES
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. A partial list of prohibited items for sale and prohibited services offered is provided for your convenience at http://www.targetmytravel.com/prohibited-items
o) 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;
p) that disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website - unless expressly permitted by the Website;
v) post non-local or otherwise irrelevant Submissions, repeatedly post the same or similar Submissions or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item in more than one category or in more than one metropolitan area;
x) attempt to gain unauthorized access to the Website computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website; or
y) use any form of automated device or computer program that enables the submission of listings or ratings on the website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings or ratings in bulk, or for automatic submission of postings and ratings at regular intervals, unless otherwise approved in writing by the Website; or
z) use any form of automated device or computer program ("flagging tool") that enables the use of the Website "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove Submissions of competitors, or to remove Submissions without a good faith belief that the Submission being flagged violates this Agreement.
8. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the Website for notice of claims of copyright or other intellectual property infringement via CONTACT US form with subject: Copyright Agent Notice
Please provide us with the following Notice:
- Identify the material on the website that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved, or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address;
- Your physical or electronic signature.
The Website will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
9. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content to the Website on behalf of others. To moderate demands on the ebsite resources, you may not use a Posting Agent to post content to the Website without express permission or license from the website. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Website to facilitate posting content on behalf of others, except with express permission or license from the Website.
10. NO SPAM POLICY
Any unauthorized use of the Website computer systems for sending unsolicited email advertisements to Website’ email addresses or through Website computer systems is expressly prohibited by this Agreement and is a violation of the terms of this Agreement and certain US federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
11. PAID POSTINGS
We may charge a fee to post content in some areas of the Website. The fee is an access fee permitting content to be posted in a designated area. Each party posting content to the Website is responsible for said content and compliance with the Agreement. All fees paid will be non-refundable in the event that content is removed from the Website for violating this Agreement.
12. LIMITATIONS ON SUBMISSIONS
You acknowledge that Website may establish limits concerning use of its Submissions, including the maximum number of days that Submissions will be retained by the Website, the maximum number and size of postings, email messages, or other Submissions that may be transmitted or stored by the Website, and the frequency with which you may access Submissions. You agree that the Website has no responsibility or liability for the deletion or failure to store any Submissions maintained or transmitted by the Website. You acknowledge that the Website reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that the Website shall not be liable to you or to any third party for any modification, suspension, or discontinuance of its operation.
13. ACCESS TO THE WEBSITE
The website grants you a limited, revocable, nonexclusive license to access the Website for your own personal use. This license does not include: (a) access to the Website by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Website nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the Website. A limited exception to (b) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Various Website parts may be offered in RSS format so that users can embed individual feeds into a website, or view listings through third party software news aggregators. The Website permits you to display, excerpt from, and link to the RSS feeds on your website, provided that (a) each title is correctly linked back to the original listing on the Website and redirects the user to the listing when the user clicks on it, (b) you provide, adjacent to the RSS feed, proper attribution to ‘TargetMyTravel.com’ as the source, (c) your use or display does not suggest that the Website promotes or endorses any third party causes, ideas, web sites, products, or services, and (d) your use does not overburden the Website systems. The Website reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Website beyond the scope of authorized access granted to you by the website immediately terminates said permission or license.
13. TERMINATION OF USE
You agree that the Website, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any Submission(s) within the Website, for any reason, including, without limitation, if the Website believes that you have acted inconsistently with the letter or spirit of the Agreement. Further, you agree that the Website shall not be liable to you or any third-party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination. Sections 2, 5, 6 and 10 -19 shall survive termination of the Agreement.
14. PROPRIETARY RIGHTS
The Website is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Website. You further agree not to reproduce, duplicate or copy content from the Website without the express written consent of the website, and agree to abide by any and all copyright notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.
Although the website does not claim ownership of content that its users post, by posting Submission(s) to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Website an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Submission(s) and to prepare derivative works of, or incorporate into other works, said Submission(s), and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Submission(s) to any public area of the Website, you automatically grant the Website all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Submission(s) on the Website by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE WEBSITE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBITE OR ANY LINKS ON THE TH SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold the Website, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Submissions you submit, post, or make available through the Website, your use of the Website, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The Agreement constitute the entire agreement between you and the website and govern your use of the Website, superseding any prior agreements between you and Website. The Agreement and the relationship between you and the Website shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and the Website agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of the Website to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. 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 Website or the Agreement must be filed within one (1) month (30 calendar days) after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Agreement by contacting us.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for the Website to pursue legal action to enforce this Agreement, you will be liable to pay the Website the following amounts as liquidated damages, which you accept as reasonable estimates of the Website damages for the specified breaches of this Agreement:
a) If you submit a listing and/or a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree the Website to block your access to its website.
b) If you send unsolicited email advertisements to the website email addresses or through the Website computer systems, you agree the website to block your access to its website.
c) If you post Submissions in violation of the Agreement, other than as described above, you agree the website to block your access to its website. In its sole discretion, the website may elect to issue a warning before assessing damages and blocking your access.
d) If you are a Posting Agent that uses the Website in violation of the Agreement, in addition to any liquidated damages under clause (d), you agree to pay the Website one hundred fifty dollars ($100) for each and every Item you post in violation of the Agreement. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Website (collectively, the "Principal"), and the Principal (by engaging the Posting Agent in violation of the Agreement) agrees to pay the Website an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Agreement.
e) If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any content of the Website (except for your own content) in violation of this Agreement without the Website express written permission, you agree to pay the Website five thousand dollars ($5,000) for each day on which you engage in such conduct.
f) If you collect personal data about other users for commercial or unlawful purposes, and/or if you make unsolicited contact with anyone for any commercial purpose in violation of this Agreement without the Website express written permission, you agree to pay the website five thousand dollars ($5,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay the Website actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, the Website retains the right to seek the remedy of specific performance of any term contained in this Agreement, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
- By Mail: TargetMyTravel, PO Box 420272, San Francisco, CA 94142-0272, USA
Last Updated on 21 of October, 2016.