Travel Yap reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and
conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review
these Terms of Service periodically. Your continued use of the Site following the posting of changes and/or
modifications will constitute your acceptance of these Terms of Service.
USE OF MATERIALS CONTAINED ON THIS SITE
The Site contains material that is derived in whole or in part from material supplied by Travel Yap and other
sources, and is protected by U.S. and international copyright and trademark laws. No material (including but not limited
to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated
in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may
be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse
engineered or disassembled, except that you may download one copy of the Materials on any single computer for your
personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.
Modification of the Materials or use of the Materials for any other purpose is a violation of Travel Yap's or such other
sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or
networked computer environment without Travel Yap's express written consent is prohibited.
CREATIVE SUBMISSIONS/COMMUNICATIONS
Travel Yap does not accept or consider creative ideas, suggestions or materials other than those Travel Yap has
specifically requested. This is to avoid the possibility of future misunderstandings when projects developed by Travel
Yap's staff might seem to others to be similar to their own creative ideas, suggestions or materials.
If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other
information or if you transmit to the Site by electronic mail or otherwise, communications including any data,
questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and
shall remain, the property of Travel Yap. None of the Information shall be subject to any obligation of confidence on
the part of Travel Yap and Travel Yap shall not be liable for any use or disclosure of any Information. Travel Yap shall
exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the
universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Information.
BULLETIN BOARDS, CHAT ROOMS, POSTINGS
The Site may include bulletin boards, chat rooms and other
areas where users can post and/or exchange information, ideas,
opinions, photographs, images, videos, creative works or any
other materials (collectively "Bulletin Boards"). In order
to post any materials on certain Bulletin Boards, you will
be required to register and provide a valid e-mail address.
Registration will require that you enter an agreement to abide
by all requirements that may be set out for participation
in particular Bulletin Boards in addition to your existing
agreement to abide by these Terms of Service.
Travel Yap does not control the material delivered to Bulletin Boards, and Travel Yap has no obligation to monitor
such Bulletin Boards. The messages do not necessarily reflect the views of Travel Yap. In no event shall Travel Yap
assume or have any responsibility or liability for any materials posted on Bulletin Boards or for any claims, damages or
losses resulting from their use and/or appearance on this Site. Travel Yap reserves the right at all times to disclose
any information (including the identity of the persons providing information or materials on its Bulletin Boards) as
necessary to satisfy any law, regulation or governmental request. In addition, Travel Yap reserves the right to edit,
refuse to post or to remove any information or materials, in whole or in part, that in Travel Yap's sole discretion are
objectionable or in violation of these Terms of Service.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this
service, you are granting Travel Yap a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
- Use, copy, exploit, sublicense, adapt, transmit, publicly perform or display any such communication
- Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect
to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such
communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any
relevant jurisdiction.
RULES OF CONDUCT
It is a condition of your use of the Bulletin Boards and this Site that you do not:
- Use any Bulletin Boards for any illegal purposes (or to solicit any illegal act);
- Restrict or inhibit any other user from using and enjoying the Bulletin Boards;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including images and language;
- Post any message that solicits gambling or engage in any gambling activity;
- Transmit or upload any information, software or other material which violates or infringes upon 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.
- Transmit or upload any information, software or other material which contains viruses, time bombs, trojan
horses, cancelbots, worms or other harmful or deleterious components or devices;
- Post any defamatory, libelous, hateful, or harassing messages, information or material;
- Post, or transmit or in any way exploit any information, software or other material for commercial purposes or
which contains advertising, promotion or marketing;
- Use the Services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or
"spamming" or in connection with contests, surveys or pyramid schemes;
- Try to gain unauthorized access to the Services, other users' accounts, or computers connected to the Services
though password mining or other means;
- Interfere with another user's use and enjoyment of the Services or any other individual's user and enjoyment of
similar services;
CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
Travel Yap provides rules for certain activities on this Site including, without limitation, e-mail services,
contests, sweepstakes, and auctions by Travel Yap and in conjunction with third parties. These Terms of Service are
incorporated by reference to the specific rules, which appear in connection with information about a particular
activity. To the extent that any conflict exists between these Terms of Service and specific rules, the rules for the
activity in which you choose to participate shall govern.
HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by Travel Yap, its subsidiaries and affiliates
of the opinions or views expressed by these linked websites and Travel Yap does not verify, endorse, or take
responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore,
Travel Yap is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or
advertised by such sites. As such, neither Travel Yap nor any of its subsidiaries and affiliates will be resonsible for
any errors or omissions or for the results obtained from the use of such information contained in these sites. To the
extent that these sites collect personal information or postings from the end user, be advised that in no event shall
Travel Yap assume or have any responsibility or liability for the manner in which such information or postings are
exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally,
Travel Yap will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage,
whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual
property rights, caused by the exhibition, distribution or exploitation of any information or content contained within
these sites.
TERMINATION OF THE SERVICES
Travel Yap may terminate the Site or any services included on or through the Site at any time with or without cause
or notice. Travel Yap shall not be liable any party for such termination.
If you object to any of the Terms of Service contained herein,
you may discontinue use of the Site or services.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Travel Yap, its affiliates, and their respective officers,
directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms
of Service by you. Travel Yap reserves the right to assume, at its sole expense, the exclusive defense and control of
any matter subject to indemnification by you, in which event you will fully cooperate with Travel Yap in asserting any
available defenses.
LIMITATION OF LIABILITY/DISCLAIMER
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in
the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using
the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
NEITHER TRAVEL YAP NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING,
EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that Travel Yap is not liable for any defamatory, offensive or illegal
conduct of any user.
Travel Yap also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect,
your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any
Bulletin Board) or your downloading of any Materials from the Site.
Travel Yap does not warrant or make any representations of any kind or nature with respect to the Materials.
Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
MISCELLANEOUS
Travel Yap Digital Media operates and controls this site from
its offices at 4521 Campus Drive, Suite 206, Irvine, CA 92612,
United States of America. This site is intended exclusively
for residents of the United States.
Travel Yap makes no representation that materials on this Site are appropriate or available for use in any
particular location. Those who choose to access this Site do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
These Terms of Service shall be governed by and construed in
accordance with the laws of the State of California, without
giving effort to any principles of conflicts of law. You agree
that the state or federal courts located in California shall
have exclusive jurisdiction of any lawsuit arising in connection
with these Terms of Service or your use (or nonuse) of the Site.
These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto
relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of
Service is found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary
to make it legal and enforceable and will remain, as modified, in full force and effect.
|