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TRAVELLERSPOINT.COM TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS Your use of this Website, located at http://www.travellerspoint.com, is subject to your irrevocable acceptance without modification of these Terms and Conditions of use (the "Terms") and you agree to use this Website in accordance with and subject to these Terms. The Terms as set out hereunder constitute the entire agreement between you and Tupela Ltd. AS trading as Travellerspoint ("Travellerspoint"). By accessing any part of this Website, you consent to be bound by these Terms and re-affirm that agreement every time you use this Website. If you do not read or accept any part of these Terms, do not use this Website. Violating these Terms may lead to your membership being terminated and exclusion from this Website in the future. These Terms are applicable to all pages and areas of the site, publicly visible or otherwise. 2. PRIVACY 2.1 Travellerspoint is committed to respecting the privacy of all its visitors. Your email address, password and date of birth are never visible to the general public. Travellerspoint will not pass on or sell any of your personal information to other parties, it is strictly used for the functionality of this Website. 2.2 Travellerspoint may collect, store and use information submitted by the users to process registration. This information may be used by Travellerspoint to communicate with you relating to your Website visits. 2.3 Travellerspoint may use general information regarding Website usage to improve this Website and develop its features. This general information may also be made known to third parties. These statistics are solely for informative purposes and will not include information to identify an individual. 2.4 By the very nature of the internet, information that is publicly visible online might appear in search engine results or be linked to by other Websites. You have the option of protecting your diary information with a password so that it is no longer publicly visible. 2.5 If you feel that your privacy is being abused in any way by Travellerspoint or by others whereby Travellerspoint could intervene or help, please contact abuse@travellerspoint.com 3. REGISTRATION & RESPONSIBILITIES 3.1 When you register for this Website, you agree to submit only honest, true, accurate, complete and current information about yourself, including your correct name, (email) address or any other details that are requested of you by Travellerspoint 3.2 Travellerspoint reserves the right to reject any registration and if any of the information you have submitted proves inaccurate, can do so without any further notice. 3.3 Users of this Website will maintain their own password protected area of the site and are responsible for any acts that happen and/or information that is posted there and agree that this will comply with these Terms. Users of this Website agree to keep their login password confidential. 3.4 Users of this Website agree that they will not delete or change in any way any information already posted on this Website by any other person than themselves. Without limiting the foregoing, Travellerspoint may appoint selected members as Moderators and assign to them the right to modify, edit or delete information posted on Travellerspoint which is not in compliance with these Terms. 4. CAUTION WHEN INTERACTING WITH OTHER MEMBERS Users of Travellerspoint should use caution when interacting with other members through all areas of the site. Users of Travellerspoint understand that any information, tips or advice offered by any other users or members through the site are not the view of Travellerspoint. The information provided is not necessarily correct and represents only one person's view. Users and members should use extreme caution when contacted by other users or members to meet in person or travel together. There is no guarantee that any of the information they provide is accurate or true. Travellerspoint strongly discourages users and/or members to meet up with other users and/or members alone or to meet in places and/or areas other than public ones with other friends, travellers and people nearby. IF YOU DECIDE TO MEET WITH OTHER MEMBERS OR USERS OF Travellerspoint YOU DO SO AT YOUR OWN RISK. 5. USER CONDUCT You agree that you will not use this Website to: * submit, post, upload or otherwise transmit any content that is unlawful, defamatory, libelous, abusive, tortuous, harassing, threatening, vulgar, obscene, pornographic, or otherwise indecent or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law; * submit, post, upload, or otherwise transmit any content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights; * submit, post, upload or otherwise transmit any content that contains viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer; * submit, post, upload or otherwise transmit any content that is of consistently poor quality or that is deemed inappropriate as determined at the sole discretion of Travellerspoint editors; * submit, post, upload or otherwise transmit any content that would be against your employers regulations, rules or will. * advertise or offer to sell any goods or services for any commercial purpose; * conduct, display, or forward surveys, contests, pyramid schemes, "spam" or chain letters; * impersonate, or otherwise misrepresent your affiliation with, any other person or entity; * intentionally inflate product or member ratings for the purposes of falsely representing the quality of any product or member on the site; * falsify or delete any attributions, legends or other proprietary designations of the origin or source of software or other Website Content appearing on this Website or contained in a file that is uploaded; * harm minors; * stalk or harass another individual; * collect or store personal data about other members; or * violate any applicable local, state, federal, or international law or regulation. You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to copy any of the Web pages, data or content from this Website. In the case you are unsure if this applies to you, please obtain written permission from Travellerspoint prior to publishing such content elsewhere. 6. MISUSE AND TERMINATION 6.1 Travellerspoint reserves the right to remove any member account, including but not limited to all trips, travel maps, forum posts, blog and diary postings, and any other member related information for any of the offenses listed under term 5 or for any other reason at Travellerspoint's sole discretion. 6.2 Each member acknowledges that Travellerspoint is entitled to withdraw any information if Travellerspoint feels that it is meant to bring Travellerspoint in disrepute. 6.3 In the case you violate these Terms, Travellerspoint has the right to terminate your account and refuse you access and membership to this Website without any further notice. In the case of a serious violation, Travellerspoint may also file suit against you for business interference or any other appropriate legal theories. In these cases Travellerspoint will seek compensation from you for lost revenue and any potential damage to Travellerspoint's reputation caused by your actions. 6.4 If you are aware of any possible misuse of this Website or any other actions or content which might be in breach of these Terms, please contact abuse@travellerspoint.com. 7. INDEMNITY You agree to indemnify, defend and hold harmless Travellerspoint, its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney's fees) arising from your failure to comply with these Terms, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, Member Content provided by you or from your violation of any applicable law. 8. DISCLAIMER OF WARRANTIES Your use of Travellerspoint is at your sole risk. All Travellerspoint 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. 9. WAIVER, RELEASE AND LIMITATION OF LIABILITY YOU AGREE THAT NEITHER Travellerspoint NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO (A) YOUR USE OR INABILITY TO USE THIS WEBSITE, (B) YOUR RELIANCE ON WEBSITE CONTENT, AND (C) ANY GOODS, SERVICES OR OTHER WEB SITES ADVERTISED ON THIS WEBSITE, EVEN IF Travellerspoint OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Travellerspoint, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE. 10. LINKS AND ADVERTISEMENTS Travellerspoint, as well as third party ad servers displayed on Travellerspoint, may provide links and advertisements to other Websites which are not under the control of, or which are not maintained by, Travellerspoint. The links to any such third party Websites are provided for your convenience and information only. If you access these Websites you do so at your own risk. Travellerspoint is not responsible for the content of those Websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content. The fact that a Website is linked to Travellerspoint does not imply any endorsement or sponsorship by Travellerspoint of that Website or that Travellerspoint is affiliated in any way with the third party operating that third party Website. Products and services offered for sale or advertised, and other information found on Travellerspoint, may be the products, services and information of third parties. Third party products and services are not provided by Travellerspoint. Travellerspoint provides an interactive environment in which users who are interested in sourcing products or services may find information about them on Travellerspoint. If you purchase third party products and services, your legal relationship will be with the third party supplier and not with Travellerspoint. You must check with any third party supplier as to the terms of provision of such products and services and the costs and charges involved. Travellerspoint may receive fees or commissions from third parties for such products and services. Travellerspoint makes no representations about the accuracy or suitability of the information provided on Travellerspoint. The information is provided 'as is' without express or implied warranty. You use the information at your own risk and therefore agree to indemnify Travellerspoint against any security breaches or any other problems that arise from payments through third party sites. Travellerspoint does not control the legality, quality, safety or timeliness of any product or service that is purchased as a result of the use of information contained on Travellerspoint. 11. CHANGES 11.1 Travellerspoint reserves the right to change the functionality of this Website. Travellerspoint may add, delete or stop offering content, functions and/or any other part of this Website at it's own discretion at any time. 11.2 Travellerspoint reserves the right to change these Terms and Conditions from time to time. The Terms and Conditions governing your use are based on what is in effect at your time of use. The new Terms and Conditions will be posted on this page. These Terms and Conditions were last modified on the date listed below this text window. 12. INTELLECTUAL PROPERTY 12.1 By submitting material and content to Travellerspoint, you are acknowledging that you are fully entitled to do so and that the material is your own or you own the rights to use that material. 12.2 By submitting material and content to Travellerspoint, you are granting Travellerspoint a non-exclusive, royalty-free, non-terminable licence right to copy, modify, show in public and create derivative works from that material in any form, anywhere. You will not be paid for granting Travellerspoint these rights. Travellerspoint does not claim ownership of any content you have uploaded. 12.3 All copyright, trademarks, and any other intellectual property rights in and relating to this Website, are licensed to or owned by Travellerspoint. As a user or member of Travellerspoint you agree not to copy, re-use or embed any information, whether belonging to Travellerspoint or owned by third parties affiliated to Travellerspoint, found on Travellerspoint without the written consent of Travellerspoint. You are not permitted to incorporate Travellerspoint pages in framesets on your site without notifying visitors of your site that the ownership of the information lies with Travellerspoint. 12.4 Travellerspoint agrees not to sell any content uploaded by members, without express prior permission from that member. 13. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. 14. MISCELLANEOUS 14.1 Failure by Travellerspoint to enforce any of the Terms of this agreement does not mean those Terms or any of the other Terms in this agreement are waived. 14.2 The relationship between you and Travellerspoint is not one of agency or partnership and you will not be deemed to be a partner, employee, agent or representative of Travellerspoint by your use of this Website. Travellerspoint reserves the right to assign or subcontract any or all of its rights and obligations under this agreement. You may not assign, dispose of or transfer your rights to any third parties without the written consent of Travellerspoint. 14.3 The headings in these Terms and Conditions are only for convenience and not for interpretation. 14.4 Users of this Website agree that by posting any information or submitting any data to this Website, they are of an age to understand these Terms and any implications these might hold for them. 15. TRADEMARKS "Travellerspoint" is a trademark of Tupela Ltd. AS. You agree not to display or use in any manner any marks of Travellerspoint without Tupela Ltd. AS's prior permission. Third party trademarks, service marks, logos and trade names appearing on the Web-site are the property of their respective owners. 16. SEVERABILITY These Terms and Conditions are severable. If ever any of these provisions is deemed to be unenforceable or invalid, such a provision will be enforced to the maximum permitted by applicable law. Such a provision will not affect the validity and enforceability of any other remaining provisions. 17. CHOICE OF LAW These Terms and Conditions shall be governed and interpreted according to Norwegian law. As such any disputes arising from this site will fall under the jurisdiction of Norwegian law and they have full and exclusive jurisdiction to resolve any issues arising from it. 18. CONTACT If you have any questions, please contact Tupela Ltd. AS (trading as Travellerspoint), Kirkegårdsgata 10-15, 0558 Oslo, Norway or use our contact form at http://www.travellerspoint.com/contact.cfm. If you feel these Terms and Conditions have been breached in any way by one of the Travellerspoint users, please do not hesitate to contact us.
Last updated November 1st 2006