Terms and Conditions of Use
Welcome to the TravelMagma.com website (the “Website”). This Website (collectively, the “Site”) is provided solely to assist customers in gathering travel information, posting opinions of travel related issues, engaging in interactive travel forums and for no other purposes. The terms “we”, “us”, “our” and “TravelMagma” refer to TravelMagma.Com and/or our subsidiaries. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a TravelMagma.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our website. TravelMagma does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;(v) deep-link to any portion of this Website for any purpose without our express written permission; or(vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by TravelMagma in connection with the Website or the services
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant TravelMagma and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to
(a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and
(b) use the name that you submit in connection with such Submission. You acknowledge that TravelMagma may choose to provide attribution of your comments or reviews at our discretion. You further grant TravelMagma the right to pursue at law any person or entity that violates your or TravelMagma’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site (“Interactive Areas”). If TravelMagma provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including TravelMagma;Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;Viruses, corrupted data or other harmful, disruptive or destructive files;Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; orContent or links to content that, in the sole judgment of TravelMagma, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose TravelMagma or its affiliates or its users to any harm or liability of any type.TravelMagma takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TravelMagma liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, TravelMagma is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although TravelMagma has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, TravelMagma reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by TravelMagma or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release TravelMagma, and its licensees, successors and assigns, from any claims that you could otherwise assert against TravelMagma by virtue of any such moral rights.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. TravelMagma urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov,www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, TravelMagma DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. TravelMagma , ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE “TravelMagma MEDIA GROUP COMPANIES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.).
THE TravelMagma MEDIA COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE TravelMagma MEDIA COMPANIES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE TravelMagma MEDIA COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE TravelMagma MEDIA COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TravelMagma HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL TravelMagma MEDIA GROUP COMPANIES (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TravelMagma HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of TravelMagma Media Group Companies.
You agree to defend and indemnify TravelMagma and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;(ii) your violation of any law or the rights of a third party; or(iii) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than TravelMagma. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on TravelMagma to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
SOFTWARE AVAILABLE ON THIS WEBSITE
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote TravelMagma’s services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The TravelMagma websites are controlled and operated by TravelMagma from its offices in the state of Massachusetts in the United States. TravelMagma makes no representation that materials on the TravelMagma websites are appropriate or available for use outside the United States. Those who choose to access the TravelMagma website 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 the TravelMagma websites is further subject to United States export controls. No software from the TravelMagma websites 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 TravelMagma websites, 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.
Any software that is made available to download from the TravelMagma websites (“Software”) is the copyrighted work of TravelMagma, or TravelMagma Affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by TravelMagma, and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but TravelMagma, and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2020 TravelMagma.com . All rights reserved. TravelMagma is not responsible for content on websites operated by parties other than TravelMagma. TravelMagma, the logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of TravelMagma, and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TravelMagma or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TravelMagma and may not be copied, imitated or used, in whole or in part, without the prior written permission of TravelMagma. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. 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 by TravelMagma.
Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
BOOST HOTEL, ADD HOTEL
Boosting your hotel is when you pay money to us to get your hotel to show higher in the hotel listing.
By boosting your hotel you agree that your hotel will not always show up as the first hotel on the country you selected.You also agree that TravelMagma.com can go down very often and in this case we will not show your hotel at all. Also we may choose to remove your hotel permanently from our listing or not showing it at any time for as long as we want. You agree that even though you paid money to boost your hotel we can remove it at any time from our website and it will cause you no personal, emotional, or financial harm whatsoever. You agree to make no threats, and take no additional action against TravelMagma.com for any inconvienience caused by boosting your hotel or adding
your hotel to our listing. You also agree that in case we decide to remove, change or modify your hotel from our listing we will not refund the money paid for boosting your hotel or listing your hotel.
We reserve the right at any time, at our sole discretion, to change, modify or remove any hotel listed in the website without prior notice, and your continued access or use of this Website signifies your acceptance of the updated, modified or removed hotel data.
You understand that by entering your name and email address on various posts, pages or when signing up to TravelMagma.com, that you are subscribing to a free, newsletter. This newsletter is offered as a free service by TravelMagma.com, and no purchase is necessary. On occasion, subscribers have had trouble removing themselves from this free newsletter. If you have trouble subscribing or removing, you may contact us for personal attention. By entering information on this website, you agree that you wish to be subscribed to this newsletter, and that you will make no threats, and take no additional action against TravelMagma.com in the event you are unhappy that you subscribed or are not able to remove yourself from this free mailing list, and you agree that the small inconvenience of receiving this unwanted newsletter will cause you no personal, emotional, or financial harm whatsoever. You agree that you have opted-in to receive our newsletter by providing your name and email address on our website. You agree that the newsletter can be sent daily,monthly or as often as we would like to. You agree that we don’t have to remove you from the newsletter and can email you as long as you are a member of TravelMagma. You agree that everything in the Newsletter is copyrighted and the copyrights are owned by TravelMagma or the original creator of the material.
MODIFICATIONS TO SITE
We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your content from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect TravelMagma’s license to your content as stated herein.
POSTING USER GENERATED CONTENT ON THE SITE; REPRESENTATIONS AND WARRANTIES
You have the ability to interact with the Site and other users by posting comments, engaging in project discussions, participating in the forums, uploading photos, and a variety of other ways (all such submissions or postings collectively referred to as “User Generated Content”). By submitting or posting any User Generated Content on the Site, you warrant and represent that:
you own all rights in your User Generated Content and the performance contained in your User Generated Content or, alternatively, you have acquired all necessary rights in your User Generated Content to enable you to grant to TravelMagma the rights in your User Generated Content described herein and for us to exercise the rights with respect to such User Generated Content that you grant herein;you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Generated Content;you are the individual pictured, depicted, and/or heard in your User Generated Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Generated Content to grant the rights toTravelMagma described herein;you will make such permissions available to TravelMagma upon request;your User Generated Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.if you are a direct competitor of an author or another Posting user, or otherwise have an interest adverse to the author or another posting user, you will fully disclose the interest;you will not stalk, threaten or harass authors or other users or infringe upon, invade or attempt to infringe upon or invade their privacy; andyou will not Post any information or material which may constitute or encourage conduct that is a criminal offense, tort, or civil wrong or otherwise violates any applicable law.You agree to keep all records necessary to establish that your User Generated Content does not violate any of the foregoing representations and warranties and to make such records available upon the reasonable request of TravelMagma. You acknowledge that the Site does not have any “digital rights management” or other security technology features to restrict someone who receives Content from copying and redistributing it.
To post User Generated Content on the Site, you must first complete the Site registration process to login (your “Account”). You agree to provide accurate current and complete information during the registration process, when contributing User Generated Content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you. You agree to be liable for any User Generated Content posted using your Account and for any transactions associated with your Account. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable. You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians.
When you submit ideas, suggestions, or proposals (collectively, “Ideas”) to us, you represent, warrant, and agree that: (i) your Ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us and that they do not and will not infringe or violate any third party rights of any kind; (ii) if we so choose, we may use and disclose your Ideas in any way; and (iii) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that (x) we may have already created, or be in the process of creating, content that may be substantially similar to your Ideas or work samples at the time you submit those ideas or samples to us, and (y) elements of your Ideas and work samples may not be subject to protection under copyright law.
OWNERSHIP OF RIGHTS FOR USER GENERATED CONTENT; LICENSE RIGHTS
You retain ownership of your copyrights and other intellectual property and proprietary rights in any User Generated Content you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms. These Terms do not prevent you from granting similar rights to others.Subject to your right to terminate your license to us as described below in this Section 5, you hereby grant TravelMagma a worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the User Generated Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such User Generated Content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that we may (but are not obligated to) display your User Generated Content, and your user name or your actual name (according to the preferences you select at the time that you register) along with your User Generated Content.
You acknowledge that the posting of your User Generated Content for any period of time is sufficient consideration for the license granted herein to TravelMagma.
You may choose from time to time to remove or modify User Generated Content that you previously posted on the Site if doing so would not interfere with other users’ ability to enjoy the Site. For example, a request to remove your comments or posts from a long string of interactive posts could render the entire thread unintelligible and eliminate the ability of the other users of the Site to read and enjoy that thread.
You agree not to post or submit to the Site any content or any other materials whatsoever that is or could appear to be:
untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable;infringing or alleged to be infringing upon a third party’s rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third party claim of infringement;of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information;unsolicited, undisclosed or unauthorized advertising;software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; orin violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
PROHIBITED CONDUCT; LIQUIDATED DAMAGES
You agree not to do, or attempt to do, any of the following, subject to applicable law:
access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;access, tamper with, or use services or areas of the Site that you are not authorized to access;alter information on or obtained from the Site;tamper with postings, registration information, profiles, submissions or User Generated Content of other users;use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Generated Content for any purpose except as expressly permitted in writing by TravelMagma;impersonate or misrepresent your affiliation with any person or entity;reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
MONITORING OF USER GENERATED CONTENT
Although we strive to maintain high standards for this Site, we are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site. Notwithstanding the foregoing, we reserve the right to modify or remove any User Generated Content at any time. Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of TravelMagma. TravelMagma neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized TravelMagma employees acting in their official capacities.
PROTECTION OF SITE CONTENT
Our Site is protected by intellectual property laws and you agree to respect them. TravelMagma grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights TravelMagma has in the content on the Site, to privately display and perform the Site on your computer for your own personal, noncommercial purposes. TravelMagma reserves all other rights in the content on the Site, on its own behalf and the behalf of its licensors (including contributors), and TravelMagma does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content on the Site without prior written consent from TravelMagma or the third-party owner of the rights in that User Generated Content (if any).
Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and the TravelMagma Media Group Companies and/or Affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and TravelMagma with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and TravelMagma with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.