HI TRAVEL TALES TERMS OF USE | HI Travel Tales Privacy Policy | How HI Travel Tales Makes Money
Updated: January 15, 2020
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
GENERAL TERMS and CONDITIONS
GENERAL and DEFINITIONS: This Website, including all of its features and content (the “Website”) is a service made available by HI TRAVEL TALES, or its affiliates (“Provider”), and all content, information, services and information provided on or through this Website (“Content”) may be used solely under the following terms and conditions (“Terms of Use”). “Website user ” for the purposes of definition for this agreement means each person who establishes or accesses a connection (“Account”) for access to and use of HI TRAVEL TALES through HITraveltales.com. This Agreement, which incorporates by reference other provisions applicable to use of HI TRAVEL TALES sets forth the terms and conditions that apply to use of HI TRAVEL TALES by Website user. By using HI TRAVEL TALES (other than to read this Agreement for the first time), Website user agrees to comply with all of the terms and conditions hereof. The right to use HI TRAVEL TALES is personal to Website user and is not transferable to any other person or entity. Website user is responsible for all use of Website user ‘s Account – if registration is required — (under any username or password) and for ensuring that all use of Website user ‘s Account complies fully with the provisions of this Agreement. Website user shall be responsible for protecting the confidentiality of Website user ‘s password(s), if any.
1 ) Website Limited License. As a user of this Website you confirm that you are thirteen years of age or older. You are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Website and Content in accordance with these Terms of Use.
2 ) Limitations on Use. The Content on this Website is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Website provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Website or the Content without Provider’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above. You may not use or otherwise export or re-export this Website or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or its Content is prohibited.
3 ) Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. For further information see Copyright section below.
4 ) Linking to this Website. You may provide links to the homepage or individual content pages of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the page you have linked to, including its advertisements, the terms of use, the copyright notice, or other notices on this Site, (b) you give HI TRAVEL TALES notice of such link by sending an e-mail to “info at hitraveltales dot com”, the link does not imply or state any endorsement of or sponsorship by HI TRAVEL TALES, and (d) you discontinue providing links to this Website if requested by HI TRAVEL TALES.
5 ) License of Your Content to Provider. By uploading content to or submitting any materials for use on this Website, you grant (or warrant that the owner of such rights has expressly granted) HI TRAVEL TALES a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against HI TRAVEL TALES for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
6 ) No Solicitation. You shall not distribute on or through this Website any content or material containing any advertising, promotion, and solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of HI TRAVEL TALES. Notwithstanding the foregoing, in any interactive areas of this Website, where appropriate you a) may list along with your name, address and email address, your own website’s URL and b) may recommend third party Websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Website.
7 ) Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. HI TRAVEL TALES and its Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
8 ) Registration. Certain sections of this Website may require you to register. If registration is requested, you agree to provide HI TRAVEL TALES and its Provider with accurate and complete registration information. It is your responsibility to inform HI TRAVEL TALES and its Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. HI TRAVEL TALES does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify HI TRAVEL TALES immediately.
9 ) Postings in interactive areas of the Website.
a) Postings to be Lawful. If you participate in interactive areas on this Website, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (“Postings”) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. HI TRAVEL TALES and its Provider may delete your Posting at any time for any reason without permission from you.
b) Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
c) No Monitoring of Postings. HI TRAVEL TALES and its Provider has no obligation nor does it intend to edit, monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Notwithstanding the foregoing HI TRAVEL TALES and its Provider reserves the right to examine from time to time, some, all, or no interactive areas for adherence to the Terms of Use and to remove any materials that may be objectionable or violate the Terms of Use.
d) Non-Commercial Use only of Interactive Areas. Any interactive area of this Website is provided solely for your personal use. As a participant, you shall not include in your Posting(s) or otherwise distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of HI TRAVEL TALES. Any unauthorized use of any interactive area of this Website, its Content or Postings is expressly prohibited.
10) Errors and Corrections. HI TRAVEL TALES and its Provider does not represent or warrant that this Website or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. HI TRAVEL TALES and its Provider do not warrant or represent that the Content available on or through this Website will be correct, accurate, timely, or otherwise reliable. HI TRAVEL TALES and its Provider may make improvements and/or changes to its features, functionality or Content at any time.
11) Third Party Content. Third party content may appear on this Website or may be accessible via links from this Website. HI TRAVEL TALES and its Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of HI TRAVEL TALES or its Provider.
12) Disclaimer. This Website And The Content Are Provided On An “As Is, As Available” Basis. HI TRAVEL TALES and its Provider Expressly Disclaims All Warranties, Including The Warranties Of Merchantability, Fitness For A Particular Purpose And Non-Infringement. HI TRAVEL TALES and its Provider Disclaims All Responsibility For Any Loss, Injury, Claim, Liability, Or Damage Of Any Kind Resulting From, Arising Out Of Or Any Way Related To (A) Any Errors In Or Omissions From This Website And The Content, Including But Not Limited To Technical Inaccuracies And Typographical Errors, (B) Any Third Party Websites Or Content Therein Directly Or Indirectly Accessed Through Links In This Website, Including But Not Limited To Any Errors In Or Omissions Therefrom, (C) The Unavailability Of This Website, The Content, Or Any Portion Thereof, (D) Your Use Of This Website Or The Content, (E) Your Use Of Any Equipment Or Software In Connection With This Website Or The Content, Or Any Introduction of a Virus or Valware to your Equipment, Computer or Devices as a Result of Using This Website.
13) Health & Safety and Affiliate Disclaimers. By using this site, you are acknowledging that you are in full agreement with and understand and accept our Health & Safety and Affiliate Disclaimers as stipulated here.
14) Disclaimer of Warranty; Limitation of Liability.
(A) Website user expressly agrees that use of HI TRAVEL TALES is at website user’s sole risk. Neither HI TRAVEL TALES, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that HI TRAVEL TALES will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of HI TRAVEL TALES, or as to the accuracy, reliability or content of any information, service, or merchandise provided through HI TRAVEL TALES.
(B) HI TRAVEL TALES is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Website user specifically acknowledges that HI TRAVEL TALES is not liable for the defamatory, offensive or illegal conduct of other website users or third-parties and that the risk of injury from the foregoing rests entirely with website user.
(D) In no event will HI TRAVEL TALES, or any person or entity involved in creating, producing or distributing HI TRAVEL TALES 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 HI TRAVEL TALES. Website user hereby acknowledges that the provisions of this section shall apply to all content on HI TRAVEL TALES.
(E) In addition to the terms set forth above neither HI TRAVEL TALES, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within HI TRAVEL TALES, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither, HI TRAVEL TALES, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. The information and content published in HI TRAVEL TALES does not in any way constitute professional advice and website user of HI TRAVEL TALES should not act upon the site’s content or information without first seeking appropriate professional advice. Additionally, there are no warranties as to the results obtained from the use of the information.
15) Indemnification. You agree to indemnify, defend and hold harmless HI TRAVEL TALES, its officers, directors, employees, agents, licensors, suppliers, provider and any third party information providers to the Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you.
16) Third Party Rights. The provisions of paragraphs 12 (Disclaimer), 13 (Limitation of Liability), and 14 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
17) Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
18) Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Website and any other Provider Websites and their features.
19) Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of California and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Sacramento, California and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
20 ) Privacy. Your use of this Website is subject to HI TRAVEL TALES’ Privacy Policy.
21 ) Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Website, the Privacy Policy and the Services Terms and constitute the entire agreement with respect to access to and use of this Website and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding anything to the contrary in these Terms of Use, if you have a separate signed written agreement with HI TRAVEL TALES that applies to your use of any of HI TRAVEL TALES’ Content, that agreement constitutes the entire agreement between you and HI TRAVEL TALES with respect to the affected Content subject thereto (the “Otherwise Covered Content”), and these Terms of Use shall be treated as having no force or effect with respect to the Otherwise Covered Content.
22) COPYRIGHT — PERMITTED USES; RESTRICTIONS ON USE
Materials available in this Website are protected by copyright law. Copyright © HI TRAVEL TALES. All rights reserved. No part of the materials including graphics or logos, available in this Website may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission (to request permission to use materials, send an email to “info at hitraveltales dot com”. Distribution for commercial purposes is prohibited.
23) CORRECTIONS HI TRAVEL TALES endeavors to correct errors within its reported stories promptly and prominently. Errors perceived to be contained within reported stories should be brought to our attention immediately by emailing us at “info at hitraveltales dot com”. You acknowledge that any request for a correction in HI TRAVEL TALES content must be submitted in writing by email only, and that HI TRAVEL TALES will investigate all claims regarding perceived errors before making a correction and, if a correction is needed, HI TRAVEL TALES will determine the best method for addressing that correction. Requests for corrections need to be accompanied with evidence supporting the claim of an error. Requests for corrections made by fax or phone if those numbers are known are not accepted.
24) Modifications to Terms of Use. Provider reserves the right to change these Terms of Use at any time without notification. Updated versions of the Terms of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Website after any such changes constitutes your consent to such changes.
