1. INTRODUCTION AND ACCEPTANCE
Welcome to ArchiTravel, an online service provider through the website architravel.com.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND/OR USING THIS WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS OF USE REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT TO ARCHITRAVEL CERTAIN RIGHTS AND LICENSES, PROVIDE TO ARCHITRAVEL CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES AND LIMIT ARCHITRAVEL’S LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT USE THIS SITE IF YOU DO NOT AGREE.
You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of this website and the materials and information available on the same.
In addition to these Terms of Use, ArchiTravel has established a Privacy Policy to explain how user information is collected and used by this website. A copy of this Privacy Policy can be found here, and is incorporated by reference into these Terms of Use. By accessing or using this website, you are signifying your acknowledgement and agreement to ArchiTravel’s Privacy Policy.
2. DESCRIPTION OF THE SERVICE
ArchiTravel provides users with access to a variety of resources including search services, shopping services and personalized content through this website and its network of properties and offers registered users the possibility to add information and other data to the network (the “submit your project” service).
You understand and agree that the service may include advertisements and that these advertisements are necessary for ArchiTravel to provide the service. ArchiTravel reserves the right to modify the service from time to time, for any reason, and without notice, including the right to terminate the service. Unless explicitly stated otherwise, any new features those augment or enhance the current service, including the release of new ArchiTravel properties, shall be subject to these Terms of Service.
3. REGISTRATION OBLIGATIONS
In consideration of your use of the service, you represent that you are of legal age to form a binding contract and to provide personal data. You also agree to:
a. provide true, accurate, current and complete information about yourself as prompted by the service’s contact, submit and subscribe forms;
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 ArchiTravel has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ArchiTravel has the right to refuse any and all current or future use of the service (or any portion thereof).
4. PRIVACY POLICY
Registration data and certain other information about you are subject to this website’s Privacy Policy. For more information, you can read here ArchiTravel’s Privacy Policy.
5. PERSONAL USE ONLY
The service is made available for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or exploit for any purposes, any portion of, use of, or access to the service, this website or the content on this website. You may not use the service to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. If you want to make commercial use of the service, you must enter into an agreement with ArchiTravel to do so in advance.
6. SUBMISSION OF PROJECTS
The context of this website is dynamic in order to encourage unique visitors and especially architects to add information on their own, filling out a simple and easy to use form.
ArchiTravel, as an administrator, will check out the given information and will upload it on the web if the information that is provided is right.
ArchiTravel has every right to change on its own the information that is provided, as it has full responsibility for the content of this website.
You understand that all information, data, text, photographs, messages, tags, or other (audio-visual) materials (“content”) are the sole responsibility of the person from whom such content originated. This means that you, and not ArchiTravel, are entirely responsible for all content that you upload, distribute or otherwise make available via the service.
By way of example, and not as a limitation, you agree that, when using the service, you will not:
a. distribute or otherwise make available any content that is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable;
b. distribute or otherwise make available any content that in any manner infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
c. distribute or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (commercial or otherwise);
d. distribute or otherwise make available any content that contains software viruses, spyware or any other software, files or programs that may damage the operation of another computer or property of another;
e. distribute or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. send contributions containing languages other than English. ArchiTravel reserves the right to reject those contributions;
g. interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
h. advertise or offer to sell or buy any goods or services for any business purpose;
i. harvest or otherwise collect or store personal data about others, including email addresses;
j. create a false identity for the purpose of misleading others;
k. create an inappropriate (e.g. vulgar, offensive etc) screen name;
l. violate any applicable laws or regulations.
You acknowledge that this website may or may not pre-screen content, but that ArchiTravel has the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any content that is available on this website. Without limiting the foregoing, ArchiTravel has the right to remove any content that violates these Terms of Service or that is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by ArchiTravel or submitted to this website.
7. COPYRIGHT STATEMENT
ArchiTravel respects the intellectual property of others, and expects users of this website to do the same. ArchiTravel does not claim ownership of content you submit or make available for inclusion on the service. However, with respect to content you submit or make available for the service, you grant ArchiTravel the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, translate, adapt and publicly display such content within the context of the service (including, without limitation, all ArchiTravel services, now known or later developed) solely in connection with the architectural project for which such content was submitted or made available. ArchiTravel has the right to always publish your screen name in connection with the content you submit. The license you have granted will remain in full force. The granted license will only be terminated in case you request ArchiTravel to remove such content from this website. No compensation will be paid with respect to the use of your content, unless agreed with ArchiTravel otherwise.
ArchiTravel is under no obligation to post or use any submitted content you may provide and may remove any submitted content at any time in its sole discretion.
In addition to the warranty and representation set forth above, by posting content, you warrant and represent that:
a. you are the right owner of such content, or that the right owner of such content has granted you permission to use such content consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Service;
b. you have the rights necessary to grant the licenses and sub licenses described in these Terms of Use;
c. all persons depicted in such content have provided consent to the use of the content as set forth in these Terms of Service, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such content;
d. such content does not infringe on any other third party rights and the publication therefore is not in any way unlawful. ArchiTravel is by no means liable or responsible for content submitted to this website by others. After submitting content to this website, you will always remain responsible for your content and the above warranties and representations remain in full force and effect.
8. INTELLECTUAL PROPERTY
This website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “website content”) and all intellectual property rights to the same are owned by ArchiTravel, its’ licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on this website are owned by ArchiTravel, its’ licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in this website or any website content. Any rights not expressly granted in these Terms of Use are expressly reserved.
The names, images and logos identifying ArchiTravel’s website, as well as all information, software, photographs, graphics, videos, images and other data of ArchiTravel and/or third parties are subject to copyright, design rights, database rights, trade mark rights and/or other (intellectual property) rights of ArchiTravel and/or third parties. It is prohibited to copy, modify, display, transmit, publish, transfer, sell or in any other way make available these data (or any part thereof) without ArchiTravel’s prior approval.
9. CONDITIONS FOR LINKING TO WEBSITE
ArchiTravel hereby grants you a non-exclusive, limited license, revocable at our discretion, for you to link to this website’s home page from any site you own or control that is not commercially competitive with the website and does not criticize or otherwise injure ArchiTravel, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of ArchiTravel’s mission. Such a link is not an endorsement of such other site(s) by ArchiTravel. All of ArchiTravel’s rights and remedies are expressly reserved.
10. ADVERTISERS
Your correspondence or business dealings with or participation in promotions of advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ArchiTravel shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
11. LINKS
The service may provide, or third parties may provide, links to other World Wide Web sites or resources. The linked sites or resources are not under the control of ArchiTravel and ArchiTravel is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
12. DISCLAIMER OF WARRANTIES
ArchiTravel disclaims any and all warranties for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material available or displayed on the service of ArchiTravel.
ArchiTravel does not endorse any opinions or recommendations made by users of the service.
ArchiTravel disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.
ArchiTravel disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. the service of ArchiTravel’s website and all materials, information, products and services included in the service are provided “as is” and “as available”, with no warranties whatsoever. ArchiTravel expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights;
b. ArchiTravel disclaims any warranties:
– regarding the security, reliability, timeliness, and performance of the service;
– for the accuracy, quality or reliability of any information or advice obtained through the service;
– for services or goods received through or advertised on the service of ArchiTravel’s website or received through any links provided by the service, as well as for any information or advice received through any links provided in the service;
c. any material or data downloaded or otherwise obtained through the use of the service of ArchiTravel’s website is accessed at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
d. no advice or information, whether oral or written, obtained by you from ArchiTravel’s website or through or from the service shall create any warranty not expressly stated in the Terms of Service.
13. EXCLUSION OF LIABILITY
Under no circumstances shall ArchiTravel, its’ affiliates, directors, agents or any other party involved in creating, producing, or delivering of the service, be liable under any theory or liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including – but not limited to – any direct and indirect damages. The limitation of liability shall apply whether the damages arise from:
a. use of misuse of the service of ArchiTravel’s website, from inability to use the service, or from the interruption, suspension, or termination of the service (including such damages incurred by third parties);
b. other services or goods received through or advertised on the service of ArchiTravel’s website or received through any links provided in the service;
c. any information or advice received through or advertised on the service or received through any links provided in the service of ArchiTravel;
d. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the service;
e. the performance or non-performance of the service of ArchiTravel or any information or merchandise that appears on, or is linked, or related in any way to the service;
f. any other matter relating to the service.
14. MODIFICATION OF THE SERVICE
ArchiTravel reserves the right from time to time for any reason to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that ArchiTravel shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
15. INDEMNITY
You agree to indemnify and defend ArchiTravel’s website, its’ affiliates, directors, agents or any other party involved in creating, producing, or delivering of the service, against and hold harmless from any and all claims, such as damages and expenses, due to or arising out of your use of the service, your connection to the service, your submission of content and/or your violation of these Terms of Service. In addition, you agree to reimburse ArchiTravel for all (legal) costs and expenses made by ArchiTravel in connection with such claims. This provision will remain in full force and effect after termination of your use of the service.
16. WAIVER AND SEVERANCE OF TERMS
The failure of ArchiTravel to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found (partly) invalid or unenforceable, the provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Service will continue in full force and effect.
17. ENTIRE AGREEMENT
These Terms of Service and the Privacy Policy constitute the entire agreement between you and ArchiTravel and governs your use of the service, superseding and replacing all prior or contemporaneous understandings or agreements, written or oral, between you and ArchiTravel with respect to the service. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by ArchiTravel.
18. REFUSAL OR DISCONTINUATION OF SERVICE
ArchiTravel reserves the right, in its’ sole discretion, to restrict, suspend or terminate your access to all or any part of the service and to refuse any and all current or future use of the service, without prior notice, anytime, especially should you fail to comply with the Terms of Service or any other guidelines and rules published by ArchiTravel.