INDAGARE TRAVEL, INC.
Last revised: January 23, 2018
This document describes the terms and conditions governing your use of and access to the Indagare.com website (the “Site”) owned and operated by Indagare Travel, Inc. (hereinafter “our”, “we”, or “us”).
We may change, add, or remove portions of the TOU in the future. These changes will be effective immediately upon posting here. It is your responsibility to review these changes before continuing to use or access the Site because continued use of the Site indicates acceptance by you of the TOU then in effect. We may notify users of changes to the TOU, but we are not obligated to do so.
If you are thirteen years of age or older, we grant you a limited, revocable, non-exclusive, non-assignable license to access the Site in compliance with the TOU. Unlicensed access is unauthorized.
You agree not to license, distribute, make derivative works, display, sell, or “frame” content from the Site, excluding content you create.
You grant us a non-exclusive, perpetual, irrevocable, unlimited, world-wide, fully-paid, license to us, copy, distribute, display, perform, and create derivative works of any content you post in any form now known or hereinafter developed. The rights you grant in this license are for the limited purposes of (1) allowing us to operate and improve the Site and the services we offer on the Site and (2) promoting your content through the Site and through other channels.
You are solely responsible for all content you post on the Site. You represent and warrant that you own all such content and/or have all necessary rights to post such content.
You are not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with the Site, e.g. for downloading, uploading, posting, flagging, emailing, search or mobile use.. Robots, spiders, scripts, scrapers, crawlers, etc., are prohibited. You agree not to collect users’ personal and/or contact information (“PI”).
You agree not to upload to, distribute, or otherwise publish any defamatory, obscene, pornographic, abusive, prohibited or otherwise illegal content to the Site.
You agree that you will not threaten or verbally abuse other users, or deliberately obstruct the use or access to the Site by others.
SIGN IN THROUGH THIRD PARTY ACCOUNTS
CONTESTS AND PROMOTIONS
From time to time, we may offer our users the opportunity to enter and participate in contests, promotions, simulations or games (collectively, “Contests”) through the Site. To participate in Contests, users may be required to complete a registration form. Upon submission, all registrations become our exclusive property. Registered users (each, a “Registered User”) are permitted only one account. Registered Users who participate in Contests using more than one account are subject to immediate disqualification unless the description of the particular Contest expressly invites a user to register multiple times. You as a Registered User agree to release us, our agents, advertisers, sponsors and promotional partners from all liability arising from your participation in any Contest located on or accessed through the Site. You agree to be bound by the rules of any Contest you participate in. A Registered User who violates any of the rules or guidelines published by the Contest or located on the Site is subject to immediate disqualification from the Contest and registration revocation. Some Contests may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Contest. We reserve the right to cancel, terminate or alter any Contest or the rules thereof at any time without prior notification.
Many jurisdictions have laws protecting consumers and other contract parties and limiting their ability to waive certain rights and responsibilities. We respect such laws; nothing herein shall waive rights or responsibilities that cannot be waived.
To the extent permitted by law,
- We make no promise as to the Site and content thereon, or their completeness, accuracy, availability, timeliness, propriety, security or reliability;
- Your access and use of the Site are at your own risk, and the Site is provided “AS IS” and “AS AVAILABLE”;
- We are not liable for any harm resulting from your use of the Site or our representations;
- We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or servers that make it available are free of viruses or other harmful elements;
- INDAGARE TRAVEL, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (collectively “COMPANY”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
- YOU AGREE THAT COMPANY IS NOT LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. PROFITS, REVENUE, DATA OR GOODWILL), HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY;
- YOU AGREE THAT IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY EXCEED $100.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TOU AND THE AGREEMENT BETWEEN US AND YOU.
- Any claim, cause of action or dispute (each a “Claim”) arising out of or related to the TOU or your use and access to the Site is governed by New York (“NY”) law regardless of your location or any conflict of law principle.
- Claims must be resolved exclusively by state and federal courts located in New York, NY (except that we may seek injunctive remedy anywhere);
- To submit to personal jurisdiction of said courts;
- Any claim must be filed within one year after it arose or be forever barred;
- Not to bring or take part in any class action suit against us;
- To indemnify Company for any damage, loss and expense, including, but not limited to, legal fees, arising from claims related to your use of the Site;
- To pay us for breaching or inducing others to breach the USAGE section of the TOU, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate); $0.25 per server request; $1 per post, email, flag or account created; $10 per item of PI collected; and $1,000 per software distribution, capped at $25,000 per day.
The TOU constitute the exclusive and entire agreement between you and us with respect to your access and use of the Site. If a term in the TOU is unenforceable, no other terms of the TOU will be affected. If a translation of the TOU conflicts with the English translation, the English translation controls.