Terms Of Service
This YEStravel AB User Agreement (the "User Agreement") sets forth the
terms and conditions which apply to your use of YEStravel.com web site (the
"Service"), offered to you by YEStravel AB (YEStravel). BY USING THIS SITE,
YOU AGREE TO THE TERMS OF THIS USER AGREEMENT. If you do not agree to be bound
by this User Agreement, please discontinue your use of the Service.
YEStravel.com reserves the right to modify or amend this User Agreement at any
time without prior notice. By accessing the Service and/or submitting any text,
pictures or other content ("Content"), including without limitation, profile
pages and information, message board postings, internal messages and travel
planners, you signify your agreement to this User Agreement as it has been
modified or amended.
- Conduct Required for Use of the Service
- It is a condition of your use of the Service that you do not:
- restrict or inhibit any other user from using and enjoying the Service;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane, harassing (including sexual references
and nicknames, racial slurs, rude or deliberately offensive comments) or
indecent (including any nudity) information of any kind, including without
limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law;
- post or transmit comments of a purely political or religious nature or
designed to further ones political or religious view over another;
- post or transmit any information, software, media or other material which
violates or infringes the rights of others, including material which is an
invasion of privacy or publicity rights or which is protected by copyright,
trademark or other proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or right holder;
- post or transmit any information, software or other material which
contains viruses, bots, worms, trojan horses or other harmful component, or
provides instructional activities or means about illegal activities such as
hacking, cracking, phreaking or copying protected material as defined above;
- engage in disruptive activities online, including excessive use of
repeated messages (scrolling), scripts and other services provided;
- post, transmit or in any way exploit any information, software or other
material for commercial purposes or which contains advertising not agreed upon
by YEStravel;
- solicit other users to join, become members of, or contribute money to
any online service or other organization, advocate or attempt to get users to
join in legal or illegal schemes or plan or participate in scams involving
other users;
- impersonate any person or entity or falsely state or otherwise
misrepresent your professional or other affiliation with any person or entity;
- resell, redistribute, broadcast or transfer the information or use the
information in a searchable, machine-readable database; or
- use the Service to collect personally identifying information about users
of the Service in violation of our Privacy Policy;
You agree that you will not use the Service, including the information provided
therein and all related equipment, networks and network devices (specifically
including Internet access) for any unlawful purpose. YEStravel, at its sole and
absolute discretion, shall determine whether any information transmitted or
received violates this provision.
- We welcome people to become members
- YEStravel welcomes members to describe their travel experiences, add their
experiences to the databases, and to share their travel experiences through our
discussion forums, and internal message accounts. We have the most personalized
and interactive community on the Internet thanks to our outstanding members. We
believe that the only way to maintain our quality membership is to keep our
members informed about the policies of YEStravel.
- We value freedom of expression but we do not guarantee free speech
- We want to be completely honest about our policy. YEStravel values freedom
of expression on our site but we do not guarantee the right to free speech. We
believe our community will thrive when there is freedom to present what you
want, but not at the expense of others.
- Age Limitation
- YEStravel does not permit children under the age of 13 to become YEStravel
members without parental permission, post home pages or web sites on our
service.
- Advertising
-
Members who want to use our services and tools must agree to accept the terms
of this User Agreement. We also require that our logo and the banner
advertisements of our sponsors are displayed on our YESprofile pages, and our
Members do not share in any revenue, which may be derived from such
advertisements. Our logo and the banner advertisements of our sponsors are a
distinct and separate file from the Content provided on profile sites and do
not interfere with the Content.
YEStravel is not responsible for the delivery or quality of any goods or
services sold or advertised by our sponsors either through or on YEStravel
members' page(s).
- Personal Profile and other User Page Storage
-
YEStravel provides members with free web space for their Profile pages. This
space, as defined by YEStravel, is comprised of automatically generated
hypertext markup language (html) and associated files, intended solely for the
audio/visual presentation of TRAVEL RELATED CONTENT on the members' profile
pages. Misusage is a violation of this User Agreement. Pictures are only saved
for the purposes of display on YEStravel; not for storage or other purposes.
Members cannot assume that YEStravel will preserve the quality or resolution
of any picture uploaded to YEStravel.
YEStravel encourages our Members to post images from their travels, however,
YEStravel does not allow individual JPEG or GIF images larger than 100 KB to be
uploaded to our members' Profile pages.
The personal profile information that you submit to YEStravel remains your
property, but by submitting that information to YEStravel you grant YEStravel
the right to use that information for internal marketing to members and direct
e-mail marketing by YEStravel. We do not sell our member list. In addition,
YEStravel reserves the right to release current or past member information in
the event YEStravel believes that the membership is being or has been used in
violation of this User Agreement or to commit unlawful acts, if the information
is subpoenaed, or when YEStravel deems it necessary or appropriate. By agreeing
to the conditions of this User Agreement, you hereby consent to disclosure of
any record or communication to any third party when YEStravel, in its sole
discretion, determines the disclosure to be appropriate.
- E-mail Usage
-
YEStravel uses e-mail to inform you of the status of your profile page, new
membership benefits and features, to let you know of urgent problems on our
site, and to present special members only opportunities to buy products and
services that are appropriate to the interests of our community. We keep these
messages to a minimum. If you elect not to receive our e-mail messages by
removing yourself from our mailing list, you forfeit ALL of your YEStravel
membership benefits including any and all free services that YEStravel offers
including, but not limited to, the YEStravel Travel Page hosting service.
- You grant YEStravel a license to the Content you submit
-
Anything contained herein to the contrary notwithstanding, by submitting public
Content to YEStravel, through member profile pages, message boards, forums,
contests and internal messages, you grant YEStravel and its affiliates a
royalty-free, perpetual, irrevocable, non-exclusive right (including any moral
rights) and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, communicate to the public, perform
and display the Content (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed, for the full term of any rights that may exist in such Content. You
also warrant that the holder of any rights, including moral rights in such
Content, has completely and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the license stated above. You
also permit anyone to access, display, view, store and reproduce such Content
for personal use. Subject to the foregoing, the owner of such Content placed on
YEStravel retains any and all rights that may exist in such Content.
- Investigation of Complaints
-
We reserve the right to monitor and to investigate any complaints regarding any
Content of YEStravel members' pages, message-board postings, or any statements
and to take the appropriate action if YEStravel finds any violation of this
User Agreement. Accordingly, you agree that YEStravel will have the right to
access your site at any time, without advance notice. If access to your site is
restricted, whether by password or otherwise, you agree to provide YEStravel
with whatever information is required to access your site. In the case of any
such complaint, YEStravel reserves the right to remove the Content complained
of while the YEStravel member and the complaining party attempt to resolve
their dispute. This could result in your page(s) being removed from YEStravel
for as long as it takes to resolve the dispute.
- Termination of Membership
-
YEStravel is the final arbiter of what IS and IS NOT allowed on our site.
Further, YEStravel reserves the right to modify or remove anything submitted to
YEStravel, and to cancel any membership, at any time for any reason without
prior notice. YEStravel is not obliged to maintain backup copies of any
material submitted or posted on our site. Actions or activities that may cause
termination of your membership and/or removal of your page(s) include, but are
not limited to: posting or providing links to any Content which violates this
User Agreement; conducting or providing links to any raffle, contest, or game
which violates any local, state or national laws; using in the registration of
your YEStravel membership an e-mail account that is not your own or that is or
becomes inactive; sending unsolicited e-mail using a YEStravel address or
containing any not explicitely allowed reference to your YEStravel home page;
or reproducing, distributing, republishing or retransmitting material posted by
other YEStravel members without the prior permission of such members.
- We are not responsible for Content posted by members
-
YEStravel is not responsible for the Content posted by YEStravel members or
visitors on any area of our site including without limitation, Profile pages,
forum discussions and internal messages. The opinions and views expressed by
YEStravel's members or visitors do not necessarily represent those of YEStravel
and YEStravel does not verify, endorse, or vouch for the Content of such
page(s).
If you believe that any of the Content posted by our members or visitors
violates your proprietary rights, including copyrights, please contact
YEStravel identified below.
- Monitoring
-
You are solely and fully responsible for any Content that you post on any area
of our site. You understand that YEStravel has no obligation to monitor the
Service, or any other use by members of the Service. However, YEStravel
reserves the right at all times to disclose any information as necessary to
satisfy any law, regulation or governmental request, or to refuse to post or to
remove any information or materials, in whole or in part, that in YEStravel's
sole and absolute discretion are objectionable or in violation of this User
Agreement. You acknowledge that YEStravel reserves the right to, and might from
time to time, monitor any and all information transmitted or received through
the Service, for operational and other purposes. During monitoring, information
may be examined, recorded, copied, and used for authorized purposes in
accordance with our Policy. Use of the Service constitutes consent to such
monitoring.
- Links to Third-Party Sites
-
This Web site may contain hyperlinks to Web sites operated by parties other
than YEStravel. YEStravel does not control such Web sites and is not
responsible for their contents. YEStravel's inclusion of hyperlinks to such Web
sites does not imply any endorsement of the material on such Web sites or any
association with their operators.
- Disclaimer of Warranties
-
Your use of YEStravel 's services are at your sole risk. All YEStravel services
are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied
warranties, so this exclusion may not apply to you in full.
- Limitation of Liability
-
YEStravel makes no guarantee of availability of service and reserves the right
to change, withdraw, suspend, or discontinue any functionality or feature of
the YESTRAVEL.COM Service. IN NO EVENT WILL YESTRAVEL.COM 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 YESTRAVEL.COM'S SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING,
WITHOUT LIMITATION, YESTRAVEL.COM'S REMOVAL OR DELETION OF ANY MATERIALS OR
RECORDS SUBMITTED OR POSTED ON YESTRAVEL.COM'S SITE FOR ANY REASON. THIS
DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR
BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE;
ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR
TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE;
NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF ANY RECORD.
- Indemnification
-
You agree to defend, indemnify and hold harmless YEStravel, its affiliates and
their respective directors, officers, employees and agents from and against any
and all claims, actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable attorneys fees)
arising out of or accruing from (a) any material posted or otherwise provided
by you that infringes any copyright, trademark, trade secret, trade dress,
patent or other intellectual property right of any person or defames any person
or violates their rights of publicity or privacy, (b) any misrepresentation
made by you in connection with your use of the Service; (c) any non-compliance
by you with the terms and conditions of this User Agreement; and (d) claims
brought by persons or entities other than the parties to this User Agreement
arising from or related to your access and use of the Service, including the
information obtained through the Service.
- Trademarks
-
YEStravel and the YEStravel logo are trademarks of YEStravel AB. All other
trademarks, service marks and trade names used on the Service are the property
of their respective owners, and all of the above trademarks may not be copied,
downloaded or otherwise exploited without the permission of YEStravel, or the
owner of such trademark, servicemark or trade name.
- Export Control Information
-
Unless otherwise specified, the materials on this Service are presented solely
to provide information regarding and to promote YEStravel 's Service. This
Service is controlled and operated by YEStravel from its offices in Västerås,
Sweden. Those who choose to access this Service from outside Sweden 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 this Service is
further subject to Sweden's export controls.
- Miscellaneous
-
The formation, construction and interpretation of this User Agreement shall be
controlled by the law of Sweden. The U.N. Convention of Contracts for the
International Sale of Goods is expressly excluded from any interpretation of
this User Agreement. Any dispute relating to this User Agreement shall be
subject to the exclusive jurisdiction of the state and federal courts Sweden,
and the parties agree to submit to the personal and exclusive jurisdiction and
venue of these courts.
The headings used in this User Agreement are for convenience and reference
purposes only, and shall not be used in construing or interpreting the scope or
intent of this User Agreement or any provision hereof.
YEStravel AB
Kopparlundsvägen 3
SE-721 30 Västerås, Sweden
Phone: +46-21-180550
Fax: +46-21-180559
E-mail: info@YEStravel.com
|