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  USER'S AGREEMENT OF TERMS AND CONDITIONS     

 

AGREEMENT TO TERMS

By entering the Itchyfeet Online Travel Web Site (www.itchyfeet.org) you acknowledge and agree to the following terms and conditions. If you do not agree to these terms, DO NOT USE THIS SITE. The legal information is applicable to all pages of the Itchyfeet Online Travel Web Site, unless explicitly stated otherwise on any particular page.

TERMS AND CONDITIONS FOR SUBMITTING CONTENT

We accept personal accounts, texts, articles and photographs from anyone willing to share their own experiences. Images submitted should be accompanied with a short description that indicates the location. Please submit all images at a width of 800-1000 pixels, preferably as JPEGs saved with at least 90% quality.

Itchyfeet Online Travel only accepts original material for consideration from the Copyright holder. By submitting material to this site (www.itchyfeet.org), or to any individual acting on behalf of this site, you warrant that any text, photo, article or content submitted to us is your own and that our use of it does not infringe on Copyright Law.

By making a submission you grant this site (www.itchyfeet.org) unrestricted use of of that content on this site and any subsequent revisions of this site. Submitting content to us does not constitute an agreement by us to use such content, and we reserve the right to edit all submissions as we may deem necessary should we decide to include them.

ENTRY AT YOUR OWN RISK

By entering this site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site are liable for any direct, incidental, consequential, indirect or punitive damages, or any losses, costs or expenses of any kind which may arise, directly or indirectly, through the access to, the use of or browsing of this site or through your downloading of any materials, text, data, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

NO WARRANTY ON CONTENTS, INFORMATION AND MATERIALS

Although the specifications, features, illustrations, equipment and other information contained in the site are based upon up-to-date information, and while Itchyfeet Online Travel (www.itchyfeet.org) makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and Itchyfeet Online Travel (www.itchyfeet.org) makes no warranties or representations as to its accuracy. All contents, information and materials contained in this site are provided to you "AS IS", without any warranty of any kind, either express or implied, including but not limited to the implied warranty of merchantibility, fitness for a particular purpose, title and non-infringement.

COPYRIGHTS BELONG TO ITCHYFEET ONLINE TRAVEL (www.itchyfeet.org)

Itchyfeet Online Travel, the copyright owner of this site, prohibits the use of any portion of this site, including but not limited to the text, images, audio or video without Itchyfeet Online Travel's express written permission, except if indicated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on this site for any other purpose violates Itchyfeet Online Travel's legal rights.

THE ITCHYFEET ONLINE TRAVEL NAMES, ITCHYFEET.ORG, ITCHYFEET ONLINE TRAVEL, ITCHYFEET LOGOS AND TRADEMARKS BELONG TO ITCHYFEET ONLINE TRAVEL

By entering this site you acknowledge and agree that any name, logo, trademark or servicemark contained on this site is owned or licensed by Itchyfeet Online Travel and may not be used by you without prior written approval. Itchyfeet Online Travel (www.itchyfeet.org) will enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of Itchyfeet Online Travel or used on this site with permission. Your use of any of these materials is prohibited unless specifically provided for on the site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.

NO CONFIDENTIALITY, USE OF INFORMATION

By entering this site, Itchyfeet Online Travel (www.itchyfeet.org) you acknowledge and agree that any communication or material you transmit to this site, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to this site may be used by Itchyfeet Online Travel anywhere, anytime and for any reason whatsoever.

UNLAWFUL BEHAVIOUR

Do not post on this site, or transmit to this site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law or regulation. Notwithstanding that Itchyfeet Online Travel or other parties are involved in creating, producing or delivering this site, may monitor or review transmissions, postings, discussions, chats, Itchyfeet Online Travel and all parties involved in creating, producing or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

HYPERLINKS

Although this site (www.itchyfeet.org) may be linked to other sites, Itchyfeet Online Travel is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. By entering this site you acknowledge and agree that Itchyfeet Online Travel has not reviewed all sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

REVISIONS OF THIS PAGE

Itchyfeet Online Travel reserves the right to revise this legal information at any time for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this site. By entering this site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the site to review these terms and conditions.

APPLICABLE LAW

By entering this site you acknowledge and agree that this site will be construed and evaluated according to the laws of The United States of America and Canada. If you use this site from another country you are responsible for compliance with any and all applicable local laws. Itchyfeet Online Travel makes no representation that the materials contained within this site are appropriate for countries outside The United States of America and Canada.

RULES OF USE FOR THE ITCHYFEET ONLINE TRAVEL WEB SITE (www.itchyfeet.org)

RULES OF USE

In order to ensure that we all enjoy the facilities of the Itchyfeet Online Travel Web Site, we herewith give a set of rules which apply to the Web Site.

CONDUCT

We reserve the right at our sole discretion to revoke membership of any individual found: to be acting in violation of the Membership Agreement or any posted rules; to be tampering with the operation of this site or any services hereon; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. You agree that in the use of this site -- including but not limited to chat areas, and the registration of usernames or groupnames -- you will not use obscene, libelous or slanderous language, or language which infringes upon a third party's trademark, trade name or other intellectual property right or right to privacy. You agree to indemnify and hold harmless the Site Providers, their respective parents, subsidiaries, affiliates, directors, sponsors, officers, consultants, agents, and employees against and from all claims, damages, liabilities, costs and expenses asserted by third parties alleging that the site includes obscenity, libel, slander, or infringes upon the third party's intellectual property or privacy rights, as a direct result of your actions in the use of the site. You further agree to not knowingly: damage or cause interruption of the services on the site; prevent others from using the site; obtain or modify another user's non-public account information without their consent.

CAUTION ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SITE PROVIDERS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATIONS OF LIABILITY

Site Providers are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the site or by any technical or human error which may occur in the processing of submissions in the site. Site Providers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, entries. Site Providers are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or members on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to members or to any other person's computer related to or resulting from using services or downloading materials in this site. If, for any reason, the site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Site Providers which corrupt or affect the administration, security, fairness, integrity or proper conduct of the site, Site Providers reserve the right to cancel, terminate, modify or suspend the services or site indefinitely.

ALL COPYRIGHTS ON THE ITCHYFEET ONLINE TRAVEL WEB SITE (www.itchyfeet.org) BELONG TO ITCHYFEET ONLINE TRAVEL

We are proud of our name, products, trademarks and logo's. You acknowledge that these are owned or licensed by Itchyfeet Online Travel and may not be used by you without our express written consent. Itchyfeet Online Travel (www.itchyfeet.org) occasionally receives requests to remove links or guestbook postings from the Web Site. Please note that the following is the general approach of Itchyfeet Online Travel:

EXPECTATION OF PUBLIC AND WIDELY AVAILABLE INFORMATION

We believe that persons who make information available on the world wide web do so with the expectation that this information will become publicly and widely available. We further believe that making available chatroom postings and links to publicly accessible web pages is legally permitted and consistent with common, customary expectations of those who make use of the web and usenet communication media. Those that are in conflict with our rules or in any other way not according to standards of what the public may expect on the Itchyfeet Online Travel Web Site will be removed at our sole discretion. It should be noted however that we cannot guard every part of the Web Site every time of the day, and that we assume no responsibility or liability which may arise form the content of any message posted by any third party on the Web Site. We suggest you also read the legal information, which contains more detailed information regarding the above.

MEMBERSHIP AGREEMENT FOR ITCHYFEET ONLINE TRAVEL (www.itchyfeet.org)

This site is provided by Itchyfeet Online Travel and sponsors, collectively referred to as the "Site Providers". Itchyfeet Online Travel provides site membership to you, subject to the following Terms, which may be updated by us occasionally without notice to you. You may review the latest version of the Terms at this site. When participating in a particular game, contest or other service you will be subject to any posted rules for that service. By obtaining a membership, you agree to be bound by this Membership Agreement and all Terms herein as well as any rules for specific services on this site.

PERSONAL INFORMATION

Itchyfeet Online Travel does not require an-end user to provide a name and address to use the Itchyfeet Online Travel Web Site. If you choose to give personal information via the internet that we may need, you can rely on the following policy. We keep track of the domains from which you visit us. We analyze this data for trends and statistics. In return it enables us to provide you with useful information. USE OF COOKIES We use "cookies", a technology that can be used to provide you with tailored information from the Itchyfeet Online Travel Web Site. A cookie is a collection of data (max. 4 Kb) that we can send to your browser, which may then be stored in your system. We use these cookies on some of the Itchyfeet Online Travel pages in order to serve you better when you return to the Web Site. You can set your browser to notify you when you receive a "cookie" giving you the opportunity to accept or to refuse it. Your e-mail address will not be used by Itchyfeet Online Travel outside the Itchyfeet Online Travel Web Site for marketing purposes without your consent.

GENERAL CONTEST RULES

This site provides various contests which you may enter. Following are the general rules that apply to all contests on the site. In addition, each contest has a specific set of rules. In the case of conflict, the contest-specific rules apply.

CONTEST ENTRY

All entries must be posted through Itchyfeet Online Travel contest entry form provided. 1 Entry per person or e-mail address and only 1 entry will count. No responsibility is assumed by Site Providers for lost, late, misdirected, or illegible entries or for any computer, online, telephone or technical malfunctions that may occur. No submissions will be accepted after the posted deadline for any reason. The sole determinant of time for the purposes of a contest will be the contest server machine(s). Contestants entering picks close to the posted deadline do so with this information in mind. All entries become the property of Site Providers and will not be returned to contest entrant. Site Provider reserves the right to terminate or modify the terms of a contest without prior notice. By entering, entrants agree to abide by the general and specific contest rules and the decisions of the independent contest organization, which are final.

WINNER NOTIFICATION

Winners will be notified by email and/or phone within 14 days of determination. If a winner is unreachable after 7 days, or if that winner is unavailable for prize fulfillment, an alternate winner will be selected according to the rules from all remaining eligible entries received. Potential winners must execute and return an Affidavit of Eligibility/Prize Acceptance Form/Release of Liability within 7 days of notification. Before being declared a winner this form must be validated. Noncompliance within this time period may result in disqualification and an alternate winner will be selected. If an eligible winner cannot be found for a prize, that prize will not be awarded. Prizes take two to four weeks to deliver from the time we receive all fully completed forms from the winner.

PRIZE SUBSTITUTION

All prizes must be accepted as awarded. Prizes are not transferable and not convertible to cash. No substitution of prizes is permitted except by Site Providers. Site Providers reserve the right to substitute any prize with another prize of equal or greater value.

ELIGIBILITY

Each contest is open to legal residents of the United States (excluding Florida) and Canada (excluding Quebec), and any nation where the entry of the contest is not prohibited by law. Contest void where prohibited by law. Contestants residing in areas where a contest is void may participate in the contest, but will be ineligible to win prizes. Employees of Site Providers and/or their affiliates, licensees, their retailers/distributors, prize suppliers, advertising, promotion and production agencies and members of their immediate families or those with whom they are domiciled are not eligible to win prizes. Selected Canadian entrants must first correctly answer a mathematical skill testing question in order to claim a prize. All applicable taxes are the sole responsibility of the prize winner. Prize winners are not responsible for shipping charges.

USE OF WINNER INFORMATION

All prize winners hereby grant permission to Site Providers and their advertising and promotional agencies to use winners' names and likenesses for advertising and promotional purposes without compensation unless prohibited by law.

LIMITATIONS OF LIABILITY

By entering a contest, participants release and hold harmless Site Providers, their respective parents, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the contest or any prize won.

TECHNICAL FAILURES

The Site Providers and its agents are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions which may limit a participant's ability to participate in a contest.

INTELLECTUAL PROPERTY

The site and all of the related pages, contents and code are Copyright 1999-2004 Itchyfeet Online Travel (www.itchyfeet.org). Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without express written consent is strictly prohibited.

GENERAL CONDITIONS

The site, contests and other services herein are governed by the laws of the United States and Canada. All federal, state, provincial and local laws and regulations apply.

2004 Itchyfeet Online Travel