Terms Of Services:
This Travelballoon User Agreement (the "User Agreement"), between Travelballoon LLC (doing business as "Travelballoon") and users of the Travelballoon web site (http://www.travelballoon.com, sets forth the terms and conditions which apply to your use of the Travelballoon web site (the "Services"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USER AGREEMENT JUST AS IF YOU HAD SIGNED THIS USER AGREEMENT. If you do not agree to be bound by this User Agreement, please discontinue your use of the Services.
Travelballoon reserves the right to modify or amend this User Agreement at any time without prior notice. By accessing the Services and/or submitting any text, pictures or other content ("Content"), including without limitation, viewing web pages and posting to message boards, you signify your agreement to this User Agreement as it has been modified or amended.
Conduct Required for Use of the Services:
You agree that you will not use the Services, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Travelballoon LLC, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.
Travelballoon does not permit children under the age of 13 to become members.
Child Online Protection Act Notification: Pursuant to 47 U.S.C. Section 230(d), as amended, Earth Travel Reviews hereby notifies you that parental control protections (such as computer hardware, software, or filtering Services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Infringement Policy and the Digital Millennium Copyright Act of 1998:
Travelballoon complies with the provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA"). If you have a concern regarding the use of copyrighted material on the Earth Travel Reviews website, please contact Travelballoon's agent, designated below, to respond to reports alleging copyright infringement.
As such, Travelballoon, pursuant to 17 U.S.C. Section 512 as amended by Title II of the DMCA, reserves the right, but not the obligation, to terminate your license to use the Travelballoon website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Earth Travel Reviews accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Travelballoon has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. Our designated agent to receive notification of claimed infringement is:
The DMCA specifies that all infringement claims regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must be in writing (either electronic mail or paper letter) and must include the following elements:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
To learn more about the Digital Millennium Copyright Act of 1998, visit http://lcweb.loc.gov/copyright/onlinesp/.
Links to Third-Party Sites:
This Web site may contain hyperlinks to Web sites operated by parties other than Travelballoon. Such hyperlinks are provided for your reference only. Travelballoon does not control such Web sites and is not responsible for their contents. Travelballoon's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
Disclaimer of Warranties:
Your uses of Travelballoon Services are at your sole risk. All Travelballoon Services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
Limitation of Liability:
Travelballoon makes no guarantee of availability of Services and reserve the right to change, withdraw, suspend, or discontinue any functionality or feature of the Services. IN NO EVENT WILL TRAVELBALLOON BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE TRAVELBALLOON SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, TRAVELBALLOON'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON TRAVELBALLOON'S SITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
You agree to defend, indemnify and hold harmless , Travelballoon, and its affiliates, partners, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Services; (c) any non-compliance by you with the terms and conditions of this User Agreement; and (d) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Services, including the information obtained through the Services.
Trademarks, Services marks and trade names used on the Services are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Travelballoon, or the owner of such trademark, service mark or trade name.
Export Control Information:
Unless otherwise specified, the materials on the Services are presented solely to provide information regarding and to promote Travelballoon Services and other products available in the United States, its territories, possessions and protectorates. These Services are controlled and operated by Travelballoon from its offices within the state of California, United States of America. Travelballoon makes no representation that materials on these Services are appropriate or available for use outside the United States. Those who choose to access these Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from these Services is further subject to United States export controls. No software from these Services may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The formation, construction and interpretation of this User Agreement shall be controlled by the laws of the State of California, U.S.A., as such law applies to agreements between California residents entered into and to be performed within California. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this User Agreement. Any dispute relating to this User Agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the State of California, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
The headings used in this User Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this User Agreement or any provision hereof.