By establishing your registered account and every time you access this Web Site you represent and warrant to TRAVELSPECTIVE that you are at least thirteen (13) years old (“Eligibility Criteria”). Please note that in order to access the Web Site, your computer or other devices must be connected to the Internet and must be sufficiently enabled to receive video and any other Content from the Web Site. You will be solely responsible for the cost and maintenance of any such Internet connection.
Additionally, the Web Site will only operate on certain hardware and software platforms specified at the Help feature of the Web Site. It is your sole responsibility to ensure that you have access to the appropriate platforms required to access the Web Site. Please check the requirements periodically, as TRAVELSPECTIVE reserves the right to change or cease support of any hardware or software platforms at any time.
You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Web Site. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the Web Site that allows you to change or update your Registration Information. We and our indemnitees (as defined below) shall have no liability associated with or arising from your failure to maintain accurate, complete or up-to-date registration information, including and without limitation your failure to receive critical information. Neither we nor our indemnities shall be responsible for verifying your registration information.
You may not choose a Username the use of which is not authorized and, generally, is against the law or other requirements of generally accepted ethical and proper practices. You may not choose a Username containing words, expressions, or graphic-name sets which have already been previously chosen by any other Web Site user, or otherwise are ill-sounding, injurious, matching with brands, trade names, establishment labels, advertising expressions, names or aliases of publicly relevant persons, either famous or registered by third parties.
You are responsible for all activity occurring under your Registered Account, including maintaining the confidentiality of each Username and Password. You agree that any household member account users authorized by you will not permit the disclosure of any Username and Password to any person. You agree that you will make sure that you and any of your authorized household members properly exit the Web Site at the completion of each session.
TRAVELSPECTIVE shall not be liable for any loss or damage arising from your use or misuse of your Registered Account or failure to comply with the registration requirements.
As the Registered Account holder, your use of the Web Site enables you to execute agreements and/or make purchases electronically. You acknowledge and agree that your electronic submissions constitute your agreement and intent to be bound by any such agreements and/or purchases, including without limitation all transactions you enter into in connection with the Web Site.
LICENSE, TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
Any text, html, URLs, images, graphics, video, other rich media content, or other materials submitted to, posted to, uploaded to, downloaded from, or appearing or existing on the TRAVELSPECTIVE Service is referred to herein as Content. As a registered user, you can contribute Content through the TRAVELSPECTIVE Service for the duration of these Terms, and you will always retain ownership of the rights you have to your Content.
You grant us a worldwide, transferable, perpetual, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, cache, store, process, adapt, modify, create derivative works of, publish, transmit, display, and distribute (in any and all media or distribution methods, now known or later developed) any Content you upload, submit, or otherwise contribute to the TRAVELSPECTIVE Service. You understand that your Content may be used by our partners or us and that you may be subject to liability if you do not have adequate rights to authorize the foregoing license to your Content. You agree that the foregoing license includes the right for TRAVELSPECTIVE to make such Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication of such Content on other media and services. Without limiting the scope of the Content license in this Section 3, we may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
The Content you contribute to the TRAVELSPECTIVE Service can be viewed by other users of the TRAVELSPECTIVE Service and possibly through third-party websites and services, so you should only provide Content that you are comfortable sharing with others under these Terms. You are responsible for any Content you contribute, whether publicly posted or privately transmitted.
We may or may not monitor or control the Content contributed via the TRAVELSPECTIVE Service and we disclaim responsibility for such Content. We reserve the right at all times (but will not have an obligation) to remove or refuse to accept or distribute any Content on the TRAVELSPECTIVE Service.
We invite you to use the TRAVELSPECTIVE Service provided that your use is subject to and must comply with these Terms. You are not authorized to reproduce, modify, create derivative works, distribute, sell, market, publicly display, publicly perform, transmit, or otherwise use the TRAVELSPECTIVE Service or any Content that is not your own except as necessary to enable you to enjoy the TRAVELSPECTIVE Service as provided by TRAVELSPECTIVE. Without limiting the generality of the foregoing, you agree not to (and to not allow any third party to): (a) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the TRAVELSPECTIVE Service for any purpose without the express written consent of TRAVELSPECTIVE; (b) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with TRAVELSPECTIVE; or (c) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the TRAVELSPECTIVE Service.
The TRAVELSPECTIVE Service and Content are protected by copyright, trademark, patent, trade secret, and other laws, and TRAVELSPECTIVE or its licensors own all rights, title, and interest in and to the TRAVELSPECTIVE Service and Content (except your Content) and all intellectual property rights therein.
If you become aware of misuse of the TRAVELSPECTIVE Service by any person, please contact email@example.com to report any abuse. If you receive a notice of infringement under the Digital Millennium Copyright Act for any content that is transmitted to us as part of the TRAVELSPECTIVE Service, you will immediately provide notice to us so that we can take appropriate action.
RESTRICTIONS ON USE OF CONTENT
The Content, Trademarks and other materials displayed on this Web Site must be used solely for non-commercial, personal, entertainment, recreational and like purposes. You may not copy, reproduce, replicate, upload, transmit, distribute, transfer, display, sell, license, publish, enter into a database, perform publicly, modify, create derivative works, edit, post, link to, credit yourself, rent, lease, lend or sublicense or in any way exploit any part of this Web Site or the Content, Trademarks or other material on the Web Site or attempt to interfere with the operation of the Web Site in any way.
Any authorization to copy material granted by TRAVELSPECTIVE in any part of this Web Site for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, and is subject to your keeping intact all copyright, trademark and other proprietary notices.
You may not use the Web Site to spread content that: (a) violates the law, ethical standards, proper practices, intellectual property, the rights to reputation, to privacy, to personal and family privacy; (b) encourages the performance of unlawful conduct, or conduct contrary to ethical standards and proper practices; (c) provokes the practice of prejudicial acts, whether due to sex, race, religion, beliefs, age or any other condition; (d) makes available or enables the access to messages or products, or illegal, violent, pornographic, degrading websites or products; (e) incites or may incite an unacceptable state of anxiety or fear; (f) leads to or incites dangerous, risky or health-harming practices or injurious mental balance; (g) are false, ambiguous, uncertain, exaggerated or extemporaneous, so that they may lead to a mistake about their purpose or about the consumer’s intentions or purposes; (h) violates the right of privacy of third parties; (i) in any way, whether directly or indirectly, establishes or may lead to the establishment of an unfair competition situation; and/or (j) provokes or stimulates child abuse.
You warrant and agree that, while using the Web Site and the various services, features and functionality offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s Content, materials or services, or redistribute, republish or exploit such Content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site.
You shall not: (i) copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content or Personal Information, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Web Site, including by an automated or manual process or means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information existing on any server or database connected to the Web Site or the services offered on or through the Web Site, or use any data mining, robots, or similar data gathering or extraction tools on the Web Site or on any portion of the Web Site; (ii) decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software or digital rights management feature on this Web Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software or any feature of the Web Site, or intercept or record network communications transmitted between the Web Site and TRAVELSPECTIVE; (iii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means or use any bots, cheats, macros, scripts, or run Maillist, Listserv or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use the Web Site, including without limitation to post, upload, transmit, send, or other make available Content on or through the Web Site; (iv) use the Web Site or the services made available on or through the Web Site in any manner that could interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (v) use the Web Site or the Web Site’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (vi) use the Web Site or the Web Site’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent or otherwise alter or interfere with the Web Site or the Web Site’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could interfere with any other party’s use and enjoyment of the Web Site or any of the Web Site’s services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.
TRAVELSPECTIVE respects the intellectual property rights of others and asks users of this Web Site to do the same. TRAVELSPECTIVE reserves the right, at any time, to prosecute any violation of copyright or other intellectual property laws to the fullest extent of the law, including both civil and criminal penalties.
Content may be streamed to you or otherwise made available to you by several other forms. Please note that some Content items may specify an access window in which you will be able to view the Content. Since the availability of access of these windows varies, you should pay close attention to the description supplied by the Content. For the duration of the applicable access window, you will be able to view the Content as many times as you want, but once the access window for a particular content item terminates, you will no longer have the ability to access that piece of content. It is your responsibility to monitor the availability period of each access window for each piece of Content available via the Web Site, and TRAVELSPECTIVE shall not be liable for any access windows or the expiration thereof.
TRAVELSPECTIVE reserves the right, in its sole discretion, to disable access to any Content at any time and for any reason, regardless of the posted access windows.
Please note that not all Content will be available for all purposes, and that access to certain Content may depend upon your geographic location (i.e. you will not be able to access content from outside the Web Site territory), whether you are able to maintain an Internet connection, and available bandwidth and equipment used to access the Web Site. You should be sure to read the detailed description near each piece of Content to determine options for viewing or accessing that Content. TRAVELSPECTIVE does not warrant that such descriptions will always be complete, current, or accurate.
WEB SITE UPDATES
At various times, TRAVELSPECTIVE may choose to make available updates, bug fixes, or other changes or enhancements to the Web Site (collectively, “Web Site Updates”). Web Site Updates may be: (a) automatic, such as in connection with general Web Site changes and additional features or updates to data required by the Web Site; (b) at your election, in which instance you will receive information and instructions for how to authorize optional Web Site Updates; and (c) mandatory, in which case you will be required to consent to the Web Site Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Web Site. From time to time, TRAVELSPECTIVE will test the Web Site and it reserves the right to include Web Site users in these tests, without notice.
We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, or Content available on or through, or downloadable from, the Web Site, including without limitation any Content in your account/profile, or any of your messages, posts, or threads. This includes updates or upgrades to Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Web Site may not be consistent across all platforms, computers, or devices. If you do not refresh the Web Site after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content, for which we and our Indemnitees disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after Content is removed from your account/profile, your messages, posts, and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that Content may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users.
HYPERLINKS TO AND FROM THIRD PARTY SITES
This Web Site may link you to other sites on the Internet called “Linked Websites,” which have different content from the Web Site, which may be of interest or use to you. The use of such Linked Websites content is your responsibility and at your own risk. TRAVELSPECTIVE is not responsible for the content or any other aspect of the Linked Websites, whether or not they are affiliated to the Web Site’s sponsors. The Linked Websites are not under the control of TRAVELSPECTIVE, and you agree that, whether or not such sites are affiliated in any way with TRAVELSPECTIVE, TRAVELSPECTIVE is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the Content of such sites. The inclusion of links to the Linked Websites in the Web Site does not imply endorsement of any site by TRAVELSPECTIVE or any association with its operators.
You are not permitted to link to this Web Site from any third-party site. You may establish a hypertext link with this Web Site only if the link does not establish or imply any TRAVELSPECTIVE sponsorship or approval. You agree that: (i) if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site; (ii) you are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site; and (iii) you agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. You may not use in your website or another website any Content or Trademark appearing in the Web Site or otherwise incorporate to another website any portion of the Content, the Trademarks, or any other material from the Web Site without the prior written consent of TRAVELSPECTIVE.
TRAVELSPECTIVE cannot ensure that you will be satisfied with any products or Web Sites that you purchase from any third-party website that links to or from this Web Site. TRAVELSPECTIVE does not endorse any of the merchandise, nor has TRAVELSPECTIVE taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites. We have no duty to pre-screen information, products and Web Sites of third parties (collectively “Third-Party Content”), but we have the right to refuse to post or to edit submitted Third-Party Content.
TRAVELSPECTIVE reserves the right to remove Third-Party Content for any reason, but we are not responsible for any failure or delay in removing such material. TRAVELSPECTIVE does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to damages resulting from such websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
Any area of this Web Site that is accessed through any third party proprietary online website is subject to the rules, policies and guidelines of such third party proprietary online website.
PRODUCTS AND SERVICES
We may make certain products or services available to visitors and registrants of the Web Site. If you order any products or services, you hereby represent and warrant that you are 18 years old or older. We and our licensors, vendors, and/or service providers may charge you fees for merchandise, products and/or services, including without limitation, Content offered for sale, rental or auction on or through the Web Site, and/or for access to the Web Site. You agree to pay in full the prices for any purchases you make and to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Web Site or through your account/profile at the rates in effect for the billing period in which such fees and charges are incurred (such fees, charges, taxes, and surcharges shall collectively be referred to as “Fees”), either by credit/debit card concurrent with your online order or by other payment means acceptable to us. Unless otherwise specified on the Web Site, all Fees will be quoted and charged in U.S. dollars. We and our licensors, vendors, and/or service providers reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon publication of such revised pricing on the Web Site. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all Fees due upon demand by us. Certain products or services that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download, and you agree to abide by such additional terms and conditions when you make any purchase or download.
If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.5 percent per month late charge, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect Fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys’ fees; (iv) charge such Fees to any other payment method you have on file with us; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use the Web Site or any portion thereof.
POSTINGS, FORUMS and CHAT ROOMS
On some occasions, TRAVELSPECTIVE will be the host for bulletin boards, chat rooms, forums or other publication areas (“Forums”). The information and opinions submitted in the Forums are not necessarily issued or warranted by TRAVELSPECTIVE. TRAVELSPECTIVE does not uphold or warrant the content of the information or opinions contributed to the Forums and does not warrant and is not liable for exact or reliable information and postings. TRAVELSPECTIVE has no duty to supervise or inspect the Forums, or eliminate or edit the postings. However, TRAVELSPECTIVE reserves the right to eliminate, move, or edit any information sent to the Web Site or by mail to TRAVELSPECTIVE.
By using this Web Site, you agree not to contribute to or publish in any way, through the Forums, any content that: (a) is fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or invades others’ privacy; (b) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary or intellectual property or other right of any entity or individual; (c) publishes or otherwise solicits funds or is a request for goods or services; (d) restricts or inhibits any other user from using and enjoying the Web Site or the Web Site’s services, (e) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (f) contains a virus, spyware, ransomware, or other harmful component, (g) contains embedded links, advertising, chain letters or pyramid schemes of any kind, or (l) constitutes or contains false or misleading indications of origin, endorsements or statements of fact. You also may not offer to buy or sell any product or service on or through your comments submitted to our Forums. You alone are responsible for the content and consequences of any of your activities.
In addition, you agree not to:
- post, upload, transmit, send or otherwise make available on or through the Web Site any Content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers;
- repeatedly post, upload, transmit, send or otherwise make available on or through the Web Site the same content multiple times in a day, week, or month;
- post, upload, transmit, send, or otherwise make available on or through the Web Site any unsolicited bulk communication;
- provide professional advice or post, upload, transmit, send or otherwise make available on or through the Web Site any Content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person;
- access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, block, lock, re-direct, damage, disable, impair, repossess, alter, tamper or interfere with the Web Site including without limitation any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others’ access, visitation, and/or use of the Web Site, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Web Site or otherwise; or
- post, upload, transmit, send or otherwise make available on or through the Web Site any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, ransomware, malicious programs or code, or devices or defects of similar nature.
Please also be aware that your feedback will not be acknowledged and does not create a confidential, fiduciary or other special relationship between you and TRAVELSPECTIVE, or place TRAVELSPECTIVE in a position that is any different from the position held by members of the general public. You acknowledge and agree that TRAVELSPECTIVE does not have now, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your feedback, and that TRAVELSPECTIVE is not responsible for the loss, deletion, failure to store or misdelivery of any feedback submitted.
You may only use this Web Site and its Contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Web Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if any third party claims that material you have contributed to the Web Site is unlawful, you will bear the burden of establishing that it is lawful.
You expressly agree, accept, and acknowledge that TRAVELSPECTIVE is not bound to, nor liable for the any defamation, offensive or unlawful conduct of other users or third parties.
PROMOTIONS AND SWEEPSTAKES
You are prohibited from using any Web Sites or facilities provided in connection with this Web Site to compromise security or tamper with system resources and/or Registered Accounts. The use or distribution of tools designed for compromising security (e.g. password-guessing programs, cracking tools or network-probing tools) is strictly prohibited.
We may provide personally identifiable information in response to legal process, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request. YOU WAIVE AND HOLD HARMLESS TRAVELSPECTIVE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRAVELSPECTIVE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TRAVELSPECTIVE OR LAW ENFORCEMENT AUTHORITIES.
DISCLAIMER OF WARRANTIES AND LIABILITY
Your use of this Web Site is at your own risk. This Web Site and all of its Content are provided “as is” and “as available” to the public and/or user without warranties of any kind, either express or implied. TRAVELSPECTIVE does not warrant that (a) the Content, the functions contained in the material, information, applications, software, servers, tools, Web Sites functions or other content will be uninterrupted or error-free, (b) any defects that may arise will be corrected, (c) TRAVELSPECTIVE or the servers that make the Content available are free of viruses or other harmful components, or (d) the results of the use of the Content, information, software, facilities, functions or other content in this Web Site or any sites linked to this Web Site in terms of their correctness, accuracy, reliability, or otherwise.
Travelspective shall not be liable for and does not accept any liability for any damage or loss of any nature (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) that (a) derives from the incorrect identity, lack of veracity, effectiveness, termination and/or authenticity supplied by you regarding the use and access to the web site, (b) may arise from defects in the quality of the web sites provided by third parties, or (c) arises from any failures, vices, or any technical troubles arising in the equipment or telecommunication carrier through which the web site is accessed.
Travelspective shall not be liable for and does not accept any liability for any damage or loss of any nature (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise), including without limitation damages relating to failure of performance, loss of use, loss of data, loss caused by a virus, worm, trojan horse program or disabling code, delay in operation or transmission, error, omission, interruption, deletion, defect, communication line failure, theft, destruction or unauthorized access to, alteration of, or use of a record, whether for breach of contract, tortious behavior, negligence or under any other cause of action resulting from any use of, or inability to use, the web site or the material, information, software, facilities, functions or other content on this web site, regardless of the basis upon which liability is claimed and even if travelspective has been advised of the possibility of such loss or damage. Without limitation, you (and not travelspective) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. You assume the risk in using the web site as well as total responsibility for establishing such procedures for data back-up and virus checking as you consider necessary. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
In no event, including but not limited to negligence, shall we, our affiliates, or any of our directors, officers, employees, agents or content or service providers (collectively, the “indemnitees”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the web site or the content, features, materials and functions related thereto, your provision of information via the web site, lost business or lost sales, even if such indemnitee has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the indemnitees be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the web site. In no event shall the total aggregate liability of the indemnitees to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from your use of the web site exceed, in the aggregate, the amount, if any, paid by you to us for your use of the web site or purchase of products via the web site.
APPLICABLE LAW AND JURISDICTIONAL MATTERS
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You shall not hold TRAVELSPECTIVE liable for any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.