TERMS OF SERVICEBy joining Adventure Travel Tips (also referred to here as ATT) you're agreeing to abide by the Terms of Service below. For purposes of these Terms of Service, Adventure Travel Tips is defined as all web pages residing at the URL: www.adventuretraveltips.com. We've created these rules and guidelines to protect you and to ensure that Adventure Travel Tips is safe and fun for everybody. This way, should someone use bad language, make a harassing statement or otherwise make a pain of himself/herself, we are able to do something about it. If you encounter another member who isn't abiding by these rules, please write to us. By agreeing to these terms, you're taking responsibility for your own actions.
1. Acceptance of Terms of Service
Adventure Travel Tips.com is provided free of charge to you by Adventure Travel Tips, and all other subsidiaries and affiliates of Adventure Travel Tips , "Adventure Travel Tips"). Although portions of ATT may be viewed simply by visiting the web site, in order to access the message boards and/or receive additional services from Adventure Travel Tips you need to register as a member of ATT. If you register as a member of ATT, these Terms of Service will govern your use of ATT, including access to the directory listings, message boards, and other features. BY COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of ATT and all services provided in connection with ATT. Adventure Travel Tips shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter ATT. The Terms of Service for your continued use of ATT will be available throughout ATT. Please check these areas before using ATT to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with ATT immediately (i) by notifying Adventure Travel Tips of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of ATT. Your continued use of ATT will signify your acceptance of any change in the terms and conditions set forth herein.
From time to time Adventure Travel Tips may supplement these Terms of Service with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on ATT to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
2. Registration Information
When you register for ATT, you will be required to provide Adventure Travel Tips with the following information: your username, e-mail address, and password.
Adventure Travel Tips reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access ATT and/or any other service provided to you by Adventure Travel Tips upon any breach by you of the Terms of Service.
4. Modifications of these Terms of Service
Adventure Travel Tips may modify these Terms of Service from time to time in its sole discretion. Each time you log on to ATT, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at Adventure Travel Tips's discretion) to provide you notice of such changes to your e-mail address.
5. Modifications of Adventure Travel Tips
Adventure Travel Tips may modify or discontinue ATT with or without notice to you and without liability to you or any third party.
6. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such messages. Adventure Travel Tips reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. ATT is to be used by you for your personal use only. Commercial uses of ATT are strictly prohibited unless prior written consent from Adventure Travel Tips has been granted. You agree that you will not use ATT for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use ATT to send or post on message boards or any place on ATT, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by Adventure Travel Tips in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on ATT. Adventure Travel Tips reserves the right to delete any such material from ATT. Adventure Travel Tips will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Adventure Travel Tips. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use ATT to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Adventure Travel Tips permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to ATT, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on ATT is not protected by Rights rests with you. You acknowledge that Adventure Travel Tips may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of ATT, you grant Adventure Travel Tips 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 any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on ATT retains any and all Rights that may exist in such content.
7. Third Party Services
You may order services or merchandise through ATT from other persons not affiliated with Adventure Travel Tips ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Adventure Travel Tips makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Adventure Travel Tips nor will Adventure Travel Tips be construed as a party to such transactions, whether or not Adventure Travel Tips may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
8. Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Adventure Travel Tips of any unauthorized use of your registration or password.
9. Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on Adventure Travel Tips may infringe on another's or your copyright, please send a detailed e-mail message to .
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF ATT IS AT YOUR SOLE RISK. ATT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADVENTURE TRAVEL TIPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ADVENTURE TRAVEL TIPS MAKES NO WARRANTY THAT ATT WILL MEET YOUR REQUIREMENTS, OR THAT ATT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ADVENTURE TRAVEL TIPS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ATT. ADVENTURE TRAVEL TIPS WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF ATT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ATT IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT ADVENTURE TRAVEL TIPS DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH ATT. ADVENTURE TRAVEL TIPS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ADVENTURE TRAVEL TIPS NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN ATT, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. ADVENTURE TRAVEL TIPS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
ADVENTURE TRAVEL TIPS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN ATT. YOUR PARTICIPATION IN ATT IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADVENTURE TRAVEL TIPS OR THROUGH ATT, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ADVENTURE TRAVEL TIPS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ATT OR ANY TRANSACTIONS ENTERED INTO THROUGH ATT.
ADVENTURE TRAVEL TIPS IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE ADVENTURE TRAVEL TIPS’ SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against Adventure Travel Tips with respect to such sites.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, ADVENTURE TRAVEL TIPS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. Adventure Travel Tips specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on ATT, you are promising that the content of your advertisement is true and that you will indemnify Adventure Travel Tips against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on ATT, you waive any claims against Adventure Travel Tips for damages arising from such advertisement or your reliance upon statements in such advertisement.
11. Limitation of Liability
ADVENTURE TRAVEL TIPS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE ATT OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ATT OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF ADVENTURE TRAVEL TIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Promotional Messages
Adventure Travel Tips and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Adventure Travel Tips makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Adventure Travel Tips nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of Adventure Travel Tips, their parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of ATT, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
14. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of British Columbia, Canada.
15. Remedies for Breach of these Terms by You
In the event that Adventure Travel Tips determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of ATT, Adventure Travel Tips reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to ATT; (iii) delete all content provided by you to ATT; (iv) discontinue your registration(s) with ATT and/or any other Adventure Travel Tips community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Adventure Travel Tips deems to be appropriate.
If your registration(s) with or ability to access ATT, any other Adventure Travel Tips community and/or any other service provided to you by Adventure Travel Tips is discontinued by Adventure Travel Tips due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of ATT, then you agree that you shall not attempt to re-register with or access ATT, any other Adventure Travel Tips community and/or any other service provided by Adventure Travel Tips, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Adventure Travel Tips reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Adventure Travel Tips may assign its rights and obligations under these Terms of Service and upon such assignment Adventure Travel Tips may be relieved of any further obligation hereunder.
You represent to Adventure Travel Tips that you have the authority to register with or visit ATT according to these Terms of Service. Adventure Travel Tips does not encourage or solicit visitors who are known to be under the age of 13 to become a member of or visit ATT.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on ATT by Adventure Travel Tips) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Adventure Travel Tips, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.