Terms of Service

TravelTogether's Terms of Service
Effective Date: July 1, 2006

Introduction

Welcome to TravelTogether.com, the travel planning and social networking site where members can stay in touch with their friends, meet new people and hang out ('TravelTogether Service'). TravelTogether.com is operated by Middlebase Ventures, LLC ('TravelTogether'). By using the TravelTogether Service, you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'

Changes to TravelTogether.com and the Terms of Service

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

Eligibility and Registration

You must be 13 years or older to use the TravelTogether Service. By registering for the TravelTogether Service, you represent and warrant that you are 13 years or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a TravelTogether.com member ('Member'). As part of the registration process, you will be asked to select a user name and password and you will be responsible for all activities occurring under your user name and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Member Conduct and Appropriate Content

The TravelTogether Service is made available for your personal, non-commercial use only. You may not use the TravelTogether Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the TravelTogether.com Service.

We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does TravelTogether have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the TravelTogether Service.

CONDITIONS FOR USE

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the TravelTogether Service. By way of example, and not as a limitation, you agree NOT to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.

  • Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.

  • Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.

  • Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.

  • Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by TravelTogether.com.

  • Create a false or misleading identity of, including, but not limited to, a TravelTogether employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.

  • Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

  • Use the TravelTogether.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.

  • Attempt to gain unauthorized access to the TravelTogether Service, other accounts, computer systems or networks connected to the TravelTogether Service, through password mining or any other means.

  • Modify, adapt, translate, or reverse engineer any portion of the TravelTogether Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the TravelTogether.com Service.

  • Reformat or frame any portion of the web pages that are part of the TravelTogether.com Service.

  • Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.

  • Remove any copyright, trademark or other proprietary rights notices contained in or on the TravelTogether Service.

  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of such solicitation.

  • Interfere with another Member's use and enjoyment of the TravelTogether Service.

  • Harvest or collect email addresses or other contact information of Members, including usernames, from the TravelTogether.com website by electronic or other means.

TravelTogether.com's Proprietary Rights

By submitting, posting or displaying any Materials on or through the TravelTogether Service, you automatically grant to TravelTogether a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. That said, our use of your personal information is governed by our Privacy Policy and we will never disclose your personally-identifiable information for marketing purposes to any third party unless you expresslygive TravelTogether permission for such use.

TravelTogether.com LLC and its affiliates and licensors own and retain all rights in the TravelTogether.com Web site and TravelTogether Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the TravelTogether Service by TravelTogether.com. Except as expressly authorized by TravelTogether.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of TravelTogether.com's proprietary information. 'TravelTogether' and 'TravelTogether.com' are trademarks of Middlebase Ventures, LLC.

Privacy Policy

We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the TravelTogether.com Privacy Policy.

Copyright Policy

TravelTogether respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site (including a URL and/or screen shot); your address, telephone number, and email address; a written 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Internet Access

TravelTogether.com shall not be responsible for any connection or access to the TravelTogether.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the TravelTogether.com website via the Internet, and the Internet access charges thereon.

Termination of the TravelTogether Service

These Terms of Service will apply to your use of the TravelTogether Service. At any time, you can terminate your account which will remove your homepage and other personal information from view. To learn how to cancel your account, email us at support@traveltogether.com. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the TravelTogether Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

TravelTogether may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the TravelTogether Service, or any part thereof, with or without notice. You agree that any termination of access to the TravelTogether Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that TravelTogether may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the TravelTogether Service. Where possible, TravelTogether will use reasonable efforts to give Members fair notice of termination or suspension of their access to the TravelTogether Service. Further you agree that TravelTogether shall not be liable to you or any third party for any termination or suspension of access to the TravelTogether Service or modification of the TravelTogether Service.

Disclaimer of Warranties

TravelTogether.com LLC and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('TravelTogether') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the TravelTogether Service.

TravelTogether further expressly disclaims
(1) that the TravelTogether Service will meet your requirements and will be uninterrupted, error-free, timely, or secure,
(2) that defects or errors will be corrected,
(3) that the TravelTogether Service or the server that makes it available are free of viruses or other harmful components, and
(4) that the use of or the results of the use of the TravelTogether Service or the content made available as part of the TravelTogether Service will be correct, accurate, timely, or otherwise reliable.

TravelTogether expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the TravelTogether Service input by other Members is correct or accurate.

THE TRAVELTOGETHER SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE TRAVELTOGETHER SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS,' 'AS AVAILABLE,' WITH NO WARRANTIES WHATSOEVER. TRAVELTOGETHER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE TRAVELTOGETHER SERVICE IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at TravelTogether's request defend, TravelTogether, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the TravelTogether.com Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, TravelTogether will provide you with written notice of such claim, suit or action.

Limitation of Liability

YOUR USE OF THE TRAVELTOGETHER SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL TRAVELTOGETHER, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE TRAVELTOGETHER SERVICE, WHETHER OR NOT TRAVELTOGETHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE TRAVELTOGETHER SERVICE, FROM INABILITY TO USE THE TRAVELTOGETHER SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE TRAVELTOGETHER SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE TRAVELTOGETHER SERVICE OR ANY PART OF THE TRAVELTOGETHER SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TRAVELTOGETHER SERVICE AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL TRAVELTOGETHER BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00).

Notices

TravelTogether may provide you with notices regarding the TravelTogether.com Service or these Terms of TravelTogether Service by regular mail, email, or postings to this Web site.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the TravelTogether Services.

Miscellaneous

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Los Angeles, California. 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. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall TravelTogether be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and TravelTogether 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 by a party will be effective only if in writing and signed by a party.


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