Terms of Use
The following Terms of Use
("Terms") governs the use of StayPlanner.com
("Website"), including, without limitation, use of its services,
participation in its bulletin boards, forums, personal ads, chats, and all
other areas (except to the extent stated otherwise on a specific page) as
provided by TicketAD ("Service Provider," "we," or
"our").
Please read the rules contained in these
Terms carefully. You can access these Terms any time at http://www.stayplanner.com/termsofuse. Your
use of and/or registration on any aspect of the Website will constitute your agreement
to comply with these rules. If you cannot agree with these rules, please do
not use the Website.
In addition to reviewing these Terms, please
read our Privacy Policy. Your use of the
Website constitutes agreement to its terms and conditions as well.
The Terms may be modified from time to time;
the version will appear on the bottom of these Terms, so check back often.
Continued access of the Website by you will constitute your acceptance of any
changes or revisions to the Terms.
Your failure to follow these rules, may
result in suspension or termination of your access to the Website, without
notice, in addition to Service Provider's other remedies.
I. MONITORING
We strive to provide an enjoyable online
experience for our users, so we may monitor activity on the Website, including
but not limited to the bulletin boards, forums, personal ads, and chats, to
foster compliance with these Terms. All users of the Website hereby
specifically agree to such monitoring. Nevertheless, we do not make any
warranties or guarantees that: (1) the Website, or any portion thereof, will be
monitored for accuracy or unacceptable use, (2) apparent statements of fact
will be authenticated, or (3) we will take any specific action (or any action
at all) in the event of a dispute regarding compliance or non-compliance with
these Terms.
II. Registration and Account Creation
1. REGISTRATION INFORMATION:
Service Provider may at times require that
you register and/or set up an account to use certain portions of the Website,
or the Website as a whole. In order to do so, you may be provided, or required
to choose, a password, User Id, and/or other registration information (collectively,
"Registration Information"). You agree and represent that all
Registration Information provided by you is accurate and up-to-date. You may
not impersonate, imitate or pretend to be somebody else when registering and/or
setting up an account on the Website. If any of your Registration Information
changes, you must update it by using the appropriate update mechanism on the
Website, if available.
2. USE OF USER ID/PASSWORD:
A.
If you register and/or set up an account on the Website, you will be solely
responsible for maintaining the confidentiality of your Registration
Information or any part thereof. You may not authorize others to use your
Registration Information or any part thereof. You may not sub-license,
transfer, sell or assign your Registration Information or any part thereof to
any third party. Any attempt to do so will be null and void and shall be
considered a material breach of these Terms.
B.
You are solely responsible for all usage or activity on your account
including, but not limited to, use of the account by any person who uses your
Registration Information or any part thereof, with or without authorization, or
who has access to any computer on which your account exists, is located or is
accessible.
C.
If you have reason to believe that your account is no longer secure (for
example, in the event of a loss, theft or unauthorized disclosure or use of
your Registration Information or any credit, debit or charge card number stored
on the Website), you must promptly change the affected Registration Information
by using the appropriate update mechanism on the Website.
3. FEES AND PAYMENTS:
A.
Service Provider or third parties may charge you fees for products or
services offered for sale through the Website. You agree to pay all fees and
charges, including applicable taxes, incurred through your account at the rates
in effect for the billing period in which such fees and charges are incurred,
including but not limited to charges for any products or services offered for
sale through the Website by Service Provider or by any third party vendor or
provider (such fees, charges and taxes shall collectively be referred to as
"Fees"). Service Provider reserves the right to change the amount of,
or basis for determining, any Fees, and to institute new Fees, effective upon
prior notice to you.
B.
If you submit your credit, debit or charge card information to Service
Provider or any third party upon registration or otherwise, you give Service
Provider and such third party permission to charge all Fees incurred through
your account to the credit, debit or charge card you designate. Any additional
Fees will be charged at the time they are incurred. If payment cannot be
charged to your credit, debit or charge card or your payment is returned for
any reason, including charge back, Service Provider reserves the right to avoid
supplying the service and/or suspend or
terminate your account and all its obligations under this Terms.
III. Rules of Usage:
1. USE OF THE WEBSITE BY YOU:
A.
The Website is not intended for users under the age of 18, and Service
Provider does not knowingly collect personally identifiable information from
users under the age of 18. Such users are expressly prohibited from submitting
their personally identifiable information to us, and from using portions of the
Website for which registration is required, such as our forums and chat areas;
any information submitted by such users will not knowingly be used, posted, or
retained by us.
B.
Unless otherwise specified, the Website is intended for your personal
use only. You may not authorize others to use the Website, and you are
responsible for all use of the Website by you and by those you allow to use, or
provide access to, the Website. You may not impersonate, imitate or pretend to
be somebody else when using the Website.
C.
You may not provide to or post on or through the Website any graphics,
text, photographs, images, video, audio or other material that constitutes junk
mail, spam, advertising, offers to use competitive sites and/or commercial
offers. You may not repeat the same posting multiple times in a day or week.
D.
You agree not to use any obscene, indecent, or offensive language or to
provide to or post on or through the Website any graphics, text, photographs,
images, video, audio or other material that is defamatory, abusive, bullying,
harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs,
religious intolerance, homophobia, and personal attacks when using the Website.
E.
You further agree not to use any sexually explicit language or to
provide to or post on or through the Website any graphics, text, photographs,
images, video, audio or other material that is sexually explicit.
F.
You may not provide to or post on or through the Website any graphics,
text, photographs, images, video, audio or other material that is encrypted,
invades anyone's privacy, or illustrates, references or encourages conduct that
would constitute a criminal offense, give rise to civil liability, or that
otherwise violates any local, state, federal, national or international law or
regulation (e.g., drug use, underage drinking). You agree to use the Website
only for lawful purposes and you acknowledge that your failure to do so may
subject you to civil and criminal liability. Do not provide to or post on or
through the Website any graphics, text, photographs, images, video, audio or
other material that includes instructions for weapon and/or explosive
manufacture or use.
G.
You are responsible for ensuring that any graphics, text, photographs,
images, video, audio or other material you provide to or post on the Website,
including without limitation in bulletin boards, forums, personal ads, chats or
elsewhere, does not violate the copyright, trademark, trade secret or any other
personal or proprietary rights of any third party or is provided or posted with
the permission of the owner(s) of such rights.
H.
The Website may contain graphics, text, photographs, images, video,
audio and other material that is clearly identified for your use
("Assets"). The Assets are protected by state, national and
international copyright, trademark and other intellectual property laws.
Nevertheless, we (and our licensors) grant to you the limited, non-exclusive,
right and license to use the Assets solely for the purpose of personally using
the Website, as limited by these Terms, and provided further that you keep
intact any and all copyright and other proprietary notices.
I.
The Website also contains other graphics, text, photographs, images,
video, audio, software, code, and other material that is provided by Service
Provider or its licensors and is not clearly identified as, or intended, for
your use, including without limitation the organization, design, compilation,
and "look and feel" of the Website, and advertising thereon ("Website
Content"). The Website Content is protected by state, national and
international copyright, trademark and other intellectual property laws, and is
the property of Service Provider or its licensors. The copying, reproduction,
publication, display, rearrangement, redistribution, modification, revision,
alteration, cropping, re-sizing, reverse engineering, movement, removal,
deletion, or other use or change by you, directly or indirectly, of any such
Website Content, including but not limited to the removal or alteration of
advertising, is strictly prohibited.
J.
You may not in any way make commercial or other unauthorized use, by
publication, re-transmission, distribution, performance, caching, or otherwise,
of material obtained through the Website, including without limitation the
Assets or Website Content, except as permitted by the Copyright Act or other
law or as expressly permitted in writing by these Terms, Service Provider or
the Website.
K.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or
interfere with the Website or its associated software, hardware and/or servers
in any way, and you agree not to impede or interfere with others' use of the
Website.
L.
Other than connecting to Service Provider's servers by http requests
using a Web browser, you may not attempt to gain access to Service Provider's
servers by any means - including, without limitation, by using administrator
passwords or by masquerading as an administrator while using the Website or
otherwise.
M.
You acknowledge that Service Provider has not reviewed and does not
endorse the content of all sites linked to from this Website and is not
responsible for the content or actions of any other sites linked to from this
Website. Your linking to any service or site is at your sole risk.
N.
You agree not to use any information obtained from the Website in order
to harass, abuse, or harm another person, or in order to contact, advertise to,
solicit or sell to any Site user without their prior explicit consent.
O.
You agree that you will not use any robot, spider or other automatic
device, process or means to access the Website. Nor shall you use any manual
process to monitor or copy our web pages or the content contained thereon or
for any other unauthorized purpose. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on our
infrastructure.
2. COMMENTS BY OTHERS ARE NOT ENDORSED BY
SERVICE PROVIDER:
Service Provider does not necessarily endorse, support, sanction, encourage,
verify, or agree with the comments, opinions, or statements posted on forums,
blogs or otherwise contained in the Website. Any information or material placed
online, including advice and opinions, are the views and responsibility of
those who post the statements and do not necessarily represent the views of
Service Provider or its third party service providers. You agree that Service
Provider and its third party service providers are not responsible, and shall
have no liability, with respect to any information or materials posted by
others, including defamatory, offensive or illicit material, even material that
violates this Terms.
3. USE OF MATERIAL SUPPLIED BY YOU:
Except as expressly provided otherwise in
the Privacy Policy or in these Terms, you agree that by posting messages,
uploading text, graphics, photographs, images, video or audio files, inputting
data, or engaging in any other form of communication with or through the
Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to use, reproduce, modify, adapt, translate, enhance,
transmit, distribute, publicly perform, display, or sublicense any such
communication (including your identity and information about you) in any medium
(now in existence or hereinafter developed) and for any purpose, including
commercial purposes, and to authorize others to do so. In addition, please be
aware that information you disclose in publicly accessible portions of the
Website will be available to all users of the Website, so you should be mindful
of personal information and other content you may wish to post.
4. COPYRIGHT COMPLAINTS:
A.
Service Provider respects the intellectual property of others, and we
ask our users to do the same. Service Provider may, in appropriate
circumstances and at its discretion, suspend or terminate the access of and
take other action against users, subscribers, registrants and account holders
who infringe the copyright rights of others.
B.
If you believe that your work has been copied and is accessible on the
Website in a way that constitutes copyright infringement, or that the Website
contains links or other references to another online location that contains
material or activity that infringes your copyright rights, you may notify
Service Provider by providing the following information to our copyright agent:
(i)
A physical or electronic signature of person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
(ii)
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;
(iii)
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit Service
Provider to locate the material;
(iv)
Information reasonably sufficient to permit Service Provider to contact the
complaining party, such as an address, telephone number, and if available, an
electronic mail address at which the complaining party may be contacted;
(v)
A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
(vi)
A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
5. SERVICES AND MERCHANDISE SOLD ON OR
THROUGH THE WEBSITE:
NEITHER SERVICE PROVIDER NOR ITS THIRD PARTY
SERVICE PROVIDERS MAKE ANY WARRANTIES WITH RESPECT TO ANY OF THE MERCHANDISE,
PRODUCTS, AND/OR SERVICES FEATURED, MENTIONED, OR SOLD ON OR THROUGH THE
WEBSITE. TRANSACTIONS FOR ANY SUCH ITEM SHALL BE BETWEEN THE USER AND THE
THIRD PARTY SELLER, DISTRIBUTOR, OR MANUFACTURER WITHOUT ANY INVOLVEMENT OF
SERVICE PROVIDER OR ITS THIRD PARTY SERVICE PROVIDERS. YOU AGREE THAT SERVICE
PROVIDER AND ITS THIRD PARTY SERVICE PROVIDERS ARE NOT RESPONSIBLE, AND SHALL
HAVE NO LIABILITY TO YOU, WITH RESPECT TO MERCHANDISE, PRODUCTS, AND/OR
SERVICES FEATURED, MENTIONED, SOLD, OR DISTRIBUTED ON OR THROUGH THE WEBSITE, INCLUDING
ILLEGAL, OFFENSIVE OR ILLICIT ITEMS, EVEN ITEMS THAT VIOLATE THESE TERMS.
SERVICE PROVIDER AND/OR ITS THIRD PARTY
SERVICE PROVIDERS SHALL NOT BE HELD RESPONSIBLE FOR THE COMPLETENESS, ACCURACY,
AUTHENTICITY, VALIDITY, COMPATIBILTY, FITNESS FOR A PARTICULAR USE AND MERCHANTABILITY,
TO THE QUALITY, DELIVERY AND USE OF ANY OF THE MERCHANDISE, PRODUCTS, AND/OR
SERVICES FEATURED, MENTIONED, OR SOLD ON OR THROUGH THE WEBSITE. UNDER NO
CIRCUMSTANCE SHALL SERVICE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT,
INDIRECT, INCIDENTAL OR ANY OTHER FORM OF DAMAGES THAT MAY OCCUR IN RELATION TO
ANY OF THE MERCHANDISE, PRODUCTS, AND/OR SERVICES FEATURED, MENTIONED OR SOLD
ON OR THROUGH THE WEBSITE. 6. INDEMNIFICATION:
You agree to indemnify Service Provider and its
affiliates, employees, agents, representatives, directors, shareholders,
officers and third party service providers, and to defend and hold each of them
harmless, from any and all claims and liabilities (including attorneys fees)
which may arise from your submissions, from your unauthorized use of material
obtained through the Website, or from your breach of these Terms, or from any
such acts through your use of the Website.
7. EDITING AND DELETIONS:
Service Provider reserves the right, but
undertakes no duty, to review, edit, move or delete any material provided for
display or placed on the Website or its bulletin boards, in its sole
discretion, without notice.
8. ADDITIONAL RULES:
Service Provider reserves the right to post,
from time to time, additional rules of usage that apply to specific parts of
the Website. Such additional rules will be posted in the relevant parts of the
Website. Your continued use of the Website constitutes your agreement to comply
with these additional rules.
9. DISCLAIMER OF WARRANTY AND LIMITATION
OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE
WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS" AND
"AS AVAILABLE", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS
THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY,
RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO
THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED
BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE
PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE
UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS
THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES
FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY
SUSTAINED ARISING OUT OF THESE TERMS, THE PROVIDING OF THE WEBSITE HEREUNDER,
THE SALE OR PURCHASE OR THE RESERVATION OF ANY GOODS OR MERCHANDISE OR SERVICE,
YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN
OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE
MERCHANDISE, SERVICES, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE TO RELEASE SERVICE
PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND
DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING
OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE.
10. TERMINATION OR SUSPENSION OF ACCESS
TO THE WEBSITE:
Service Provider has the right to terminate
and/or suspend your ability to access the Website or any portion thereof, for
any or no reason, without notice.
11. JURISDICTION:
Service Provider makes no representation
that materials on the Website are appropriate, available or legal in any
particular location. Those who choose to access the Website do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
You agree that these Terms, for all
purposes, shall be governed and construed in accordance with the laws of the
State of Israel applicable to contracts to be wholly performed therein, and any
action based on, relating to, or alleging a breach of these Terms must be
brought in a competent court in Tel-Aviv-Jaffa,
Israel. In
addition, both parties agree to submit to the exclusive personal jurisdiction
and venue of such courts.
12. MISC.
User should note that in the event that you
are directed to a third party site, for any reason whatsoever in conjunction
the use of our Website, that the terms
of use, conditions and privacy policy of the said third party site will be
applicable in addition to these Terms and Service Provider's Privacy Policy.
13. MOBILE TERMS AND CONDITIONS:
Without derogating of any provision of these
Terms, the following terms and conditions shall apply to your use of any mobile
device related services offered by the Website ("Mobile Services"),
so please read them carefully. Your use of any aspect of the Mobile Services
will constitute your agreement to comply with these terms and conditions.
If you cannot agree with these terms and
conditions, please do not use the Mobile Services.
Your failure to follow these terms and conditions may result in suspension or
termination of your access to the Mobile Services, without notice, in addition
to our other remedies. We also reserve the right to discontinue the Mobile
Services, or change the content or formatting of the Mobile Services, at any
time without notice to you, and to require the immediate cessation of any
specific use of the Mobile Services.
A.
Your carrier's standard messaging rates apply to all mobile text
messages you initiate from the Website to your cell phone. All charges are
billed by and payable to your mobile service provider.
B.
You agree that the cell phone number you provided is registered in your
name, and that you will not initiate messages to the cell phone of any other
person or entity.
C.
You shall have a mobile communications subscription with a participating
carrier or otherwise have access to a mobile communications network for which
we make the Mobile Services available. You shall provide all equipment and
software necessary to connect to the Mobile Services, including, but not
limited to, a mobile hand set or other mobile access device that is in working
order and suitable for use, as determined in our sole discretion, in connection
with the Program.
D.
We provide the Mobile Services "as is" and shall not be held
liable for your use of the information, content, or material contained therein.
We will not be liable for any delays in the receipt of any messages as delivery
is subject to effective transmission from your network operator. TO THE FULLEST
EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE PROGRAM,
INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE.
If you don't agree to the terms contained in
these Terms, please exit the Website by clicking the Back button on your
browser to return to the previous page.
Version:
10/08