Terms and Conditions

Welcome to www.travel-about.com. Travel-About.com (the “Site”) is an online publishing service operated by Travel About Media Group Ltd. (“us”, “we”, or “our”).

These Terms of Use apply to all visitors to and users of the Site (“Users”), whether or not you have registered or subscribed for any of the products offered on the Site, including any mobile version thereof, or have contributed User Content, as defined below. By accessing or using the Site, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”). You also agree to be bound by these Terms of Use, if you post travel-about.com links on your site.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. 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 are posted 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 Service or the Site. We will make reasonable efforts to notify registered users and subscribers of material changes to these Terms of Use by email or other regular communications, but 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 AND THE PRIVACY POLICY 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.

Privacy

We care about the privacy of our users. Travel About Media Group Ltd. has established a Privacy Policy to govern how user information is collected and used. By registering, accessing or using the Site, you are signifying your acknowledgement and agreement to Travel About Privacy Policy. See the Travel-About.com footer to view the Privacy Policy.

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 property of Travel About, 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 our 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. 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 our prior written permission, 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, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you are non-confidential and shall become our sole property. We 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.

User Conduct

The Site is 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 will violate or infringe 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.

Non-Commercial

You may use this Site for personal, non-commercial use only. As a condition of your use of Site, you agree that you will not (and will not authorize anyone else to) sell or modify any Site Content or User Content or reproduce, display, distribute, or otherwise use any Site Content or User Content in any way for any commercial purpose without our written permission. You agree to cooperate in causing any unauthorized use of the Site immediately to cease. In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

Linking To Our Website

We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Site’s home page from any site you own or control that is not commercially competitive with the Site and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Travel-About.com website or service any materials that violate another party’s intellectual property rights. If you believe that any material on the Site infringes any copyright, which you own or control, you may send a written notification of such infringement to us. If we receive notification of an alleged infringement, we will investigate the complaint and, if we consider it to be justified we will remove or disable access to the allegedly infringing material and terminate the accounts of infringers as described herein.

Third Party Websites and Content

The Site contains (or you may be sent through the Site) 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 Content”). Such Third Party Content is 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 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 Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party 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 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.

Disclaimers

Neither we nor our agents or representatives are responsible or liable in any manner for any User Content or Third Party Content posted on the Site, whether posted or caused by users of the Site, by Travel-About.com, by third parties or by any of the equipment or programming associated with or utilized in the Site. 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 Content. We are not responsible for the conduct, whether online or offline, of any user of the Site. All messages and comments posted in forums express the views of the author and Travel-About.com will not be held responsible for the content of any message.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. We assume 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. We are 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 Service. Under no circumstances will we 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, any User Content or Third Content posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.

The Site, and all Site content and user content are provided “as-is”. Travel About disclaims any and all representations, warranties and conditions, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the site. We do not represent or warrant that software, content or materials on the site are accurate, complete, reliable, current or error-free or that the site is free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any 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 service) from or through the service 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. We make no warranties that your use of the content will not infringe the rights of others and assume no liability or responsibility for errors or omissions in such content.

We reserve the right to change any and all content, software and other items used or contained in 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.

Limitation on Liability

In no event will Travel About or its directors, employees, representatives or agents be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including any lost income or lost data or damage to any computer system, arising from your use of the site or the service, or any of the site content or other materials on, accessed through or downloaded from the site, even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our 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 us for the service, but in no case will our liability to you exceed $1000. You acknowledge that if no fees are paid for use of the site giving rise to a claim, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind, regardless of the cause of action.

Termination

We reserve the right, at our sole discretion, to limit or terminate access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice. Without limiting the generality of the foregoing, we may at our sole discretion limit access to the Site and/or terminate the registration, subscription or membership of any User who violates these Terms of Use or infringes any intellectual property rights of others.

Governing Law; Venue and Jurisdiction

These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions. The User hereby irrevocably consents to the jurisdiction of the Courts in the Province of Ontario with respect to any matters of issue herein.

Arbitration

YOU 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 (INCLUDING YOUR VISIT TO OR USE OF THE SITE) 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 herein then the parties acknowledge that damages 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 Travel-About.com may be arbitrated. Any arbitration shall be conducted in Toronto, in English, by a single arbitrator in accordance with the Arbitration Act (Ontario).

 

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than two (2) years after the cause of action arose.

Indemnity

You agree to indemnify and hold the Travel About, 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 you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.