Last Updated: 7-10-2015
PLEASE READ CAREFULLY.
All content included on the Site, such as text, photos, graphics, designs, logos, icons, presentations, videos, data, instructions, and software (the “Materials”), is the property of TheItin or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.
TheItin™ and other trademarks, service marks and logos that we use are trademarks of TheItin. Third-party trademarks that appear on the Site are the property of their respective owners. Your use of any of the trademarks displayed on this Site without express written permission from TheItin or their owners is strictly prohibited.
(i) use any robot, spider, scraper, or other automated means, or any manual process to systematically collect information from the Site or from users of the Site;
(ii) copy, reproduce, alter, modify, create derivative works of, publicly display, republish, upload, post, transmit, resell, distribute, or exploit in any way the Materials or information from the Site for commercial purposes, including commercial publication, sale or personal gain;
(iii) mirror any Materials contained on this Site or any TheItin server or use framing techniques to enclose the Site or any part thereof;
(iv) circumvent any of the technical limitations of the Site, or decompile, disassemble or otherwise reverse engineer the Site;
(v) perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by our other users, or impose an unreasonable or disproportionately large service request or usage load on our Site infrastructure;
(vi) change or remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials;
(vii) impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;
(viii) use any metatags or any other hidden text incorporating TheItin’s name or trademarks in any online site or posting;
(ix) solicit, trace or otherwise collect any information from users or visitors of the Site;
(x) use the Site for commercial activities such as contests or advertising;
(xi) create a database by downloading and storing the Materials or any part thereof; or
(xii) post any material that could be considered obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable.
We love hearing from you. With respect to any content or information you submit or make available to TheItin or on the Site (including through social media channels), such as your biography, image, articles, comments, endorsements, reviews, testimonials, pictures, videos and other content, you grant to TheItin a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works of, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed, for all purposes, without any additional consideration due to you. You acknowledge and represent that such content is not confidential and you hereby waive any publicity or privacy right to such content. By posting or distributing such content, you understand that it may be freely copied and distributed by others without your permission.
In the event that you submit or post any creative suggestions, proposals, or ideas about our products or services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.
USER CONTENT IS NOT PRESCREENED.
We do not prescreen content posted by users and cannot guarantee the Site will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users on the Site. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content.
COPYRIGHT INFRINGEMENT NOTICE PROCEDURE.
TheItin respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Site in a way that constitutes copyright infringement, then please contact us at email@example.com and provide the following information:
(i) A description of the copyrighted work that you believe has been infringed;
(ii) A description of what the allegedly infringing work is;
(iii) A description of the location where the allegedly infringing work is located on the Site;
(iv) An address and telephone number where you can be contacted, including an email address if possible;
(v) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
(vii) A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
TRADEMARK INFRINGEMENT NOTICE PROCEDURE.
If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country), please contact us at firstname.lastname@example.org and provide the following information:
(i) The trademark, service mark, trade dress, name, or other indicia of origin that is claimed to be infringed, including registration number;
(ii) The jurisdiction or geographical area to which the mark applies;
(iii) The name, post office address and telephone number of the owner of the mark;
(iv) The goods and/or services covered by or offered under the mark;
(v) A description of the manner in which the you believe your mark is being infringed upon; and
(vi) The precise location of the infringing mark.
LINKS TO OUR WEBSITE.
You may link to our homepage, provided you do so in a way that is fair, clearly identifies TheItin, and does not damage our reputation or take advantage of it. However, you may not suggest any form of association, approval or endorsement on our part without our express written consent.
We reserve the right in our sole discretion to (i) terminate your account, (ii) delete any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Site by using any technology available, such as blacklisting certain IP addresses or device numbers.
REPRESENTATIONS AND WARRANTIES.
We hope that you will find the travel information on the Site helpful and interesting. However, you are responsible for verifying critical information (like advice about visas and health and safety) independently before you travel. You expressly acknowledge that your reliance on any information contained on the Site is at your own risk, and TheItin assumes no liability for such information. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE SITE, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE ON THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. THEITIN DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. THEITIN ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. THEITIN ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE.
LIMITATION OF LIABILITY AND DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEITIN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OF OR THE INABILITY TO USE THE SITE, OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY CONTENT IN THE SITE; (ii) THE SITE OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR PERSONAL INFORMATION; (v) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (vi) ANY OTHER MATTER RELATING TO THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THIRD PARTY SITES.
The Site may contain links to websites, applications or other products or services operated by other companies, and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.
TheItin is based in the state of Washington in the United States. While the destinations we feature on our Site are all over the world, this Site is intended for travel-lovers who are located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
d. Limitations on Claims.
Any cause of action or claim you may have with respect to TheItin or the Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.
e. No Waiver.
g. Entire Agreement.