TERMS OF SERVICE
FreeHotelsReviews.com
Date: July 7, 2010
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE ("Agreement") CAREFULLY BEFORE USING THIS WEBSITE (the "Site" or "FreeHotelsReviews.com website"). This Site at FreeHotelsReviews.com is fully controlled and operated by FreeHotelsReviews Inc., ("FreeHotelsReviews", "we," or "us"). By accessing and using this Site, located at http://www.FreeHotelsReviews.com, you are hereby agreeing to be legally bound by the terms and conditions of FreeHotelsReviews.com. This Site is available ONLY TO USERS OVER THIRTEEN YEARS OF AGE. By completing the registration process for this Site, you represent that you are over thirteen years of age, and can and will be legally bound by this Agreement. If you do not agree with all of the following terms and conditions of this Agreement, your only recourse is to immediately: (1) discontinue use of the Site; (2) terminate your registration; and (3) notify FreeHotelsReviews of termination.
We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions of this Agreement to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
A. DESCRIPTION OF SERVICE
FreeHotelsReviews provides its users services as described and provided on the Site (collectively, the "Services"). FreeHotelsReviews.com is a travel research and community service, containing maps and information for millions of places around the world. Using the FreeHotelsReviews.com tools to store travel experiences, users can mark the places they've been on a personalized map, enter travel notes and photos about a visit to a place and share these travel experiences with friends. FreeHotelsReviews.com maps are for reference purposes only and should not be used for navigational purposes.
B. PRIVACY
We have established a Privacy Policy to explain to users how their information is collected and used, which you can read here: The FreeHotelsReviews Privacy Policy Your use of the Services signifies acknowledgment of and agreement to FreeHotelsReviews's Privacy Policy.
C. YOUR REGISTRATION OBLIGATIONS
In this Agreement "you" or "user" refers to the person who registers to become a user of FreeHotelsReviews.com. In consideration of your use of the Services, you represent that you are of legal capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FreeHotelsReviews has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FreeHotelsReviews has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
To obtain some specific Services, you will be required to designate a user ID and password. You are responsible for maintaining the confidentiality of the ID and password, and are fully responsible for all activities that occur under your ID or password. You agree to immediately notify FreeHotelsReviews of any unauthorized use of your ID or password or any other breach of security. FreeHotelsReviews cannot and will not be liable for any loss or damage arising from your failure to do so.
D. USER CONDUCT
Without limitation, FreeHotelsReviews reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
You shall not use any portion of the FreeHotelsReviews.com website or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are unlawful, infringe on another's intellectual property rights, or are harmful to minors in any way.
You shall not attempt to interfere with any other person's use of the Services.
You shall not misrepresent your identity or impersonate any person.
You shall not hold yourself out as sponsored by, endorsed by, or affiliated with the FreeHotelsReviews.com site.
You shall not use any portion of the FreeHotelsReviews.com website or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
You shall not use any portion of the FreeHotelsReviews.com website or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
You shall not attempt to gain unauthorized access to FreeHotelsReviews's database or other computer systems.
You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by FreeHotelsReviews in connection with the FreeHotelsReviews.com website or the Services.
You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the FreeHotelsReviews.com website.
You shall not use any portion of the FreeHotelsReviews.com website or the Services for any unlawful purpose.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of FreeHotelsReviews.
E. TRAVEL JOURNALING SERVICES
To the extent that portions of this Site provide users an opportunity to post travel experiences and thereby post and exchange information, ideas, opinions, messages, text, images, photos, or other materials (the "Postings"), please be advised that such Postings do not necessarily reflect the views of FreeHotelsReviews.
In no event shall FreeHotelsReviews assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
FreeHotelsReviews does not claim ownership rights to any of your Postings. For the sole purpose of enabling us to display your Postings through the FreeHotelsReviews.com Service, you hereby grant to FreeHotelsReviews a non-exclusive, royalty-free, fully paid, worldwide license to use, copy, distribute, and display such materials on the Site.
FreeHotelsReviews does not allow Postings which contain:
private or personal information which might identify a user
profanity or obscenities
personal attacks on other individuals
slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
other information that FreeHotelsReviews deems in its sole discretion to be inappropriate for this Site, or which otherwise violate this Agreement.
The FreeHotelsReviews.com website may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although FreeHotelsReviews periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. FreeHotelsReviews reserves the right, in our sole discretion, to refuse to post, edit, or delete Postings that violate the above-referenced rules of conduct, or for any other reason. FreeHotelsReviews may also revoke the privileges of users who do not comply with such rules.
You acknowledge that FreeHotelsReviews may establish limits concerning use of the Postings, including the maximum number of days that Postings will be retained by the Site and the maximum number and size of Postings that may be transmitted or stored by the Site. You agree that FreeHotelsReviews has no responsibility or liability for the deletion or failure to store any Postings maintained or transmitted by the Site.
F. PRODUCT AND SERVICES REVIEWS AND SUBMISSIONS
To the extent that portions of this Site provide users or other third parties an opportunity to submit reviews, photos and submissions for display on this Site about various products and services, such as FreeHotelsReviews.com Hotel Reviews and Photos, ("Review(s)"), please be advised that such Reviews do not necessarily reflect the views of FreeHotelsReviews. In no event shall FreeHotelsReviews assume or have any responsibility or liability for any Review appearing on the Site, including those provided by any user or any other party, or for any claims, damages or losses resulting from its use and/or appearance on this Site.
By posting or submitting a Review, you hereby represent and warrant that you have all necessary rights in and to any Review you provide and shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortious, or otherwise unlawful information. You further represent and warrant that all information contained in such Review is accurate, that use of any Review you supply does not violate this Agreement and will not cause injury to any person or entity, and that you will indemnify FreeHotelsReviews or its affiliates for all claims resulting from any Review you supply.
By posting or submitting any Review, you automatically grant to FreeHotelsReviews and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Review throughout the world in any media.
FreeHotelsReviews has the right but not the obligation to monitor or edit or remove any Review or any portion thereof at any time in its sole discretion. The provisions described in this paragraph do not apply to travel blog entries and photos posted by
FreeHotelsReviews.com users.
G. PROPRIETARY RIGHTS
FreeHotelsReviews and its licensors have expended substantial time, effort, and funds to create FreeHotelsReviews.com and its Services. All site software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the "Content") are the property of FreeHotelsReviews and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
Copyrights. All Content of this Site are either Copyright © 2010 FreeHotelsReviews, or are the proprietary property of FreeHotelsReviews's suppliers, affiliates or licensors. No copyrighted material or other Content may be reproduced, modified, create derivative works from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) without the express prior written consent of FreeHotelsReviews. Use of FreeHotelsReviews and/or its licensors' Content is only permitted with their express written permission. All rights reserved.
Notice of Copyright Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FreeHotelsReviews's copyright agent the written information specified below. (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon;(3) A description of where the material that you claim is infringing is located on the site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
FreeHotelsReviews's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
F 314, Sector 63, Noida
Uttar Pradesh, INDIA
Telephone: +919818883238, +9101204243247
e-mail: contact@FreeHotelsReviews.com
Trademarks and Service Marks. FreeHotelsReviews.com, the FreeHotelsReviews.com logo, are including without limitation, either trademarks, service marks or registered trademarks of FreeHotelsReviews, and the products and services described or offered in this Site, are either the trademarks, service marks or registered trademarks of FreeHotelsReviews, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without FreeHotelsReviews's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Submissions. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to FreeHotelsReviews, or Postings on this Site are non-confidential (subject to our Privacy Policy).
You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content on the Site. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
H. CONTESTS, SWEEPSTAKES, AND OTHER ACTIVITIES
FreeHotelsReviews provides Rules of Participation for certain activities on this Site including, without limitation, contests and sweepstakes offered by FreeHotelsReviews and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
I. ERRORS OR DELAYS IN TRANSMISSION, AND LIMITATIONS ON SERVICE
FreeHotelsReviews DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FreeHotelsReviews is not responsible for typographical errors or omissions relating to pricing, text, or other materials, including the accuracy of maps that are displayed on the Site. Furthermore, while FreeHotelsReviews attempts to ensure your access and use of the site is safe, FreeHotelsReviews cannot and does not represent or warrant that this site or its server(s) are free of viruses or other harmful components.
J. TERMINATION OF SERVICE
FreeHotelsReviews may terminate your access to the Services with or without cause at any time and effective immediately, at FreeHotelsReviews's sole discretion, including but not limited to your failure to conform with the terms and conditions of the Agreement. FreeHotelsReviews shall not be liable to you or any third party for termination of use of the Services. Upon termination, your right to use the Services shall cease immediately. Sections B, F-P shall survive termination of this Agreement.
K. DISCLAIMER OF WARRANTIES
THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." FREEHOTELSREVIEWS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF FREEHOTELSREVIEWS'S SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
L. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FREEHOTELSREVIEWS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF FREEHOTELSREVIEWS'S SERVICES OR THE WEB SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FREEHOTELSREVIEWS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
M. THIRD PARTY LINKS
The appearance of external hyperlinks and/or ads generated by third parties does not constitute endorsement by FreeHotelsReviews, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and FreeHotelsReviews does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, FreeHotelsReviews is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither FreeHotelsReviews nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, FreeHotelsReviews 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 third party hyperlinked sites.
N. INDEMNIFICATION
You agree to indemnify, defend and hold harmless, FreeHotelsReviews, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. FreeHotelsReviews 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 FreeHotelsReviews in asserting any available defenses.
O. DISPUTES
Any controversy or claim arising out of or relating to this Agreement, FreeHotelsReviews or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New delhi, India, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or FreeHotelsReviews may seek any interim or preliminary relief from a court of competent jurisdiction in New delhi, India necessary to protect the rights or property of you or FreeHotelsReviews (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
P. GOVERNING LAW
This Agreement shall be governed by the Indian laws without regard to its conflict of law provisions. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of FreeHotelsReviews.Com, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Q. AGREEMENT
This Agreement constitutes the entire agreement between you and FreeHotelsReviews and governs your use of our Site, superseding any prior agreements between you and FreeHotelsReviews with respect to the use of our Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of FreeHotelsReviews to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
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