This agreement was written in English (US).
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the The Travels Principles, and governs our relationship with users and others who interact with TheTravels.com, herein know as THE TRAVELS. By using or accessing THETRAVELS, you agree to this Statement.
2. Sharing Your Content and Information
You own all of the content and information you post on THE TRAVELS, and you can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with THE TRAVELS ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you add an application and use Platform, your content and information is shared with the application. We require applications to respect your privacy settings, but your agreement with that application will control how the application can use the content and information you share.
- When you publish content or information using the "everyone" setting, it means that everyone, including people off of THE TRAVELS, may have access to that information and we may not have control over what they do with it.
- We always appreciate your feedback or other suggestions about THE TRAVELS, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep THE TRAVELS safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on THE TRAVELS.
- You will not collect users' content or information, or otherwise access THE TRAVELS, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on THE TRAVELS.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on THE TRAVELS without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
- You will not use THE TRAVELS to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of THE TRAVELS, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
THE TRAVELS users provide their real names and information, and we need your help to keep it that way. Here are some commitments yo make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on THE TRAVELS, or create an account for anyone other than yourself without permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not create an account with THE TRAVELS if you are under 18.
- You will not use THE TRAVELS if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on THE TRAVELS that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on THE TRAVELS if we believe that it violates this Statement.
- We will provide you with tools to help you protect your intellectual property rights.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including THE TRAVELS, the The Travels and Logos), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on THE TRAVELS.
- You will not send email invitations to non-users without their consent.
If you make a payment on THE TRAVELS or use THE TRAVELS Credits, you agree to our payment Terms and Conditions.
7. Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
- We give you permission to use THE TRAVELS's Share Link button so that users can post links or content from your website on THE TRAVELS.
- You give us permission to use such links and content on THE TRAVELS.
- You will not place a Share Link button on any page containing content that would violate this Statement if posted on THE TRAVELS.
8. About Advertisements on THE TRAVELS
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
- You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
9. Special Provisions Applicable to Advertisers
You can target the audience by buying ads on THE TRAVELS. The following additional terms apply to you if you place an order for ads:
- When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend. If we accept your Order, we will deliver your ads as inventory becomes available.
- You will pay for your Orders in accordance with our payment Terms and Conditions.
- Your ads will comply with our advertising Guidelines.
- We will determine the size, placement, and positioning of your ads.
- We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
- We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
- You can cancel your Order at any time through our email, but it may take up to 24 hours before the ad stops running.
- Our license to run your ad will end when we have completed your Order.
- We can use your ads and related content and information for marketing or promotional purposes.
- You will not issue any press release or make public statements about your relationship with THE TRAVELS without written permission.
- We may reject or remove any ad for any reason.
- If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
You warrant that you have the legal authority to bind the advertiser to this Statement.
You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
- We can change this Statement if we provide you notice by posting the change on the TheTravels site. To get notice of any future changes to this Statement, visit www.TheTravels.com and subscribe to our RSS.
- We can make changes for any reason without notice.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of THE TRAVELS to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15.1, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.9, 11.12, 11.13, and 14-18.\
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or THE TRAVELS exclusively in a state or federal court to be designed under the home jurisdiction of THE TRAVELS. The laws of the State of New York will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in New York State for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on THE TRAVELS, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP THE TRAVELS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE TRAVELS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE TRAVELS WILL BE SAFE OR SECURE. THE TRAVELS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE TRAVELS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE TRAVELS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE TRAVELS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on THE TRAVELS (such as advertising or payments).
- By "THE TRAVELS" we mean the features and services we make available, including through (a) our website at www.TheTravels.com and any other THE TRAVELS branded or co-branded websites (including sub-domains, international versions); (b) our Platform (such as RSS feeds); and (c) other media, software, devices, or networks now existing or later developed.
- By "us," "we" and "our" we mean THE TRAVELS LLC.
- By "Platform" we mean a set of APIs and services that enable applications, or services, including Connect and RSS feeds, to retrieve data from THE TRAVELS or provide data to us.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on THE TRAVELS that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from THE TRAVELS or provide to THE TRAVELS through Platform.
- By "post" we mean post on THE TRAVELS or otherwise make available to us.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into THE TRAVELS at least once in the previous 30 days.
- By "application" we mean any application or website (including RSS feeds) that uses or accesses Platform, as well as anything else that receives data.
This Statement makes up the entire agreement between the parties regarding THE TRAVELS, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
You may also want to review the following documents:
Last Updated on Friday, 04 March 2012 14:42