Terms and Conditions of Use
Acceptance of Terms of Service
Welcome to the Voyage.tv website (the “Website”). Thanks for visiting! The Website is provided to assist members of its online community in gathering luxury travel information , transacting business with travel suppliers, and for no other reason. The terms “we,” “us,” “our,” and “Voyage.tv” and or “Voyages” refer to Voyages North America Inc., a Delaware corporation, whose principal place of business is 115 Fifth Avenue, 5th Floor, New York, NY 10003, and/or our subsidiaries.
The services offered by Voyage.tv on the Website include booking travel holidays, researching travel, sharing content, uploading content, downloading content, the application developer service and other features (including music and video embedded players), and other features, content or applications offered from time to time by Voyage.tv in connection with our business (collectively, the “Services”).
By using or visiting the Website, including all content and functionality available through the voyage.tv domain name, in any way, you acknowledge and agree that you consent to: (a) these website terms and conditions of use (the “Terms and Conditions”), (b) Voyage.tv’s privacy policy (the “Privacy Policy”), incorporated herein by reference. If you do not agree to these Terms and Conditions or the Privacy Policy, please discontinue use of the Website immediately.
These Terms and Conditions create a legally binding agreement between you and us in relation to your use of the Website. Please read these Terms and Conditions and Privacy Policy carefully.
Modifications to the Terms and Conditions
Voyage.tv may, in its sole discretion, modify these Terms and Conditions from time to time. We may modify, suspend or discontinue, temporarily or permanently, the Website or any particular feature thereof, with or without notice, and without liability to you. Modifications to these Terms of Service, will be posted on the relevant area of the Website and will be effective immediately upon posting. By continuing to use the Website following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE WEBSITE. We may attempt to notify you when we make such modifications, but you periodically should review the most recent Terms and Conditions located at http://www.voyage.tv/Pages/useragreement.aspx
Voyage.tv Account
To access some areas and features of our Website, you must create an account. You may never use anyone else’s account without permission. When creating your account, you must provide accurate and complete information. When you sign up for an account, you will be asked to choose a password. You are entirely responsible for ensuring that your account password is kept confidential and secure. You agree not to use the account or password of any other account-holder at any time or to disclose your password to any third party.
You are solely responsible for the activity that occurs on your account. If you discover any breach of security or unauthorized use of your account, you must notify Voyage.tv immediately. Although Voyage.tv will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Voyage.tv or others due to such unauthorized use.
Proprietary Rights in Content on the Website
Your Content. We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Services. After posting your Content to the Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.
Limited License. By submitting Content, you hereby grant Voyage.tv a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Voyage.tv’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under these Terms and Conditions. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your Content from the Website. You agree, however, that Voyage.tv may retain, but not display, distribute, or perform, server copies of all Content, whether or not it has been removed or deleted. The above licenses are perpetual and irrevocable.
Representation and Warranty. You represent and warrant that: (a) you own the Content that you post on or through the Services or otherwise have the right to grant the license set forth above, and (b) the posting of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Services. You further agree that you will not submit Content that is contrary to the Guidelines, which may be updated from time to time, or that is contrary to applicable local, national, and international laws and regulations.
Our Content. The Services contain our Content (“Voyage.tv’s Content”). Voyage.tv’s Content is protected by copyright, trademark, patent, trade secret and other laws, and we own and retains all rights in Voyage.tv’s Content and the Services. We grant you a limited, revocable, nonsublicensable license to reproduce and display Voyage.tv’s Content (but not any software object or source code) solely for your personal use in connection with viewing the Website and using the Services. We reserve all rights not expressly granted in and to Voyage.tv’s Content and the Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Voyage.tv’s Content or enforce limitations on use of the Website or Voyage.tv’s Content.
Use of the Website
By using the Website, you will inevitably be exposed to Content from many sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. By using the Website, you also may be exposed to Content that is not accurate or that may be considered offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Voyage.tv with respect to such Content and agree to indemnify and hold Voyage.tvs, its owners, operators, affiliates, subsidiaries, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
Fees
You acknowledge and agree that we reserve the right to charge for any portion of the Services and to change our fees (if any) from time to time in our discretion. If we terminate your account, in accordance with the section immediately below, you shall not be entitled to any refund of any unused portion of fees or payments (if any).
Account Termination
We may immediately terminate your account if we notice that any Content posted by you through the Services infringes on the rights of any third party. In our sole discretion, we reserve the right to determine whether Content is appropriate and complies with these Terms and Conditions for violations other than copyright infringement, including, but not limited to, pornography, obscene or defamatory material, or excessive length. In our sole discretion and without prior notice, we may remove Content or terminate your access to the Services for uploading such material in violation of these Terms and Conditions at any time.
Protection of Other’s Copyrights and Intellectual Property
We are devoted to respecting the intellectual property rights of others, and require that you do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act to our Copyright Agent, who may be reached at copyrightclaims@voyage.tv or Voyages North America, Inc, 115 Fifth Avenue, 5th Floor, New York, NY 10003, with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) your physical or electronic signature; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) reasonably sufficient identification of the material that is claimed to be infringing or to be the subject of infringing activity to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you (an address, telephone number, and an electronic mail address); (e) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement made by you, under the penalty of perjury, that the information in the notification is accurate, and that you are either the copyright owner or authorized to act on behalf of the owner. You acknowledge that if you fail to comply with all of these requirements, your notice may not be valid.
Counter-Notice
If you elect to send us a counter notice, to be effective, it must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement made by you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) information reasonably sufficient to permit us to contact you (an address, telephone number, and an electronic mail address); and (e) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under the section above entitled, “Protection of Other’s Copyrights and Intellectual Property,” or an agent of such person.
Eligibility to Use the Website
You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions and to abide by and comply with these Terms and Conditions. We do not intend to collect personal information from anyone under 18 years of age. If you are under 18, you should not enter any information on this Website or should ask a parent to do so for you. Because the Website is not intended for children under 13, you affirm that you are over the age of 13. If you are under 13, then please do not use this Website. Instead, decide with your parents or guardian what websites might be of interest to you.
Links to Other Websites
Our Website contains links to other websites not operated or maintained by Voyages North America Inc. These links are provided solely as a convenience to you and not as an endorsement by us of the contents of such third party websites. We do not have control over, make no representation regarding, and assume no responsibility for the content, privacy policies, terms and conditions or practices of any third party websites. If you decide to access any of these linked websites, you do so at your own risk, and waive any and all claims against Voyage.tv regarding the inclusion of links to outside websites or your use of those websites. These linked websites may contain terms and conditions, privacy policies, and guidelines to which you are subject while using those sites. We encourage you to become familiar with the terms and conditions and privacy policies of any linked site upon access.
Limitations on Voyage.tv’s Liability
DISCLAIMERS OF WARRANTIES: WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE WEBSITE OR VOYAGE.TV’S CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND VOYAGE.TV’S CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF VOYAGE.TV’S CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, OR LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER WE NOR OUR DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEBSITE.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. We make no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this Website and the provisions of these Terms and Conditions.
The Website is controlled and offered by Voyage.tv from our headquarters in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless Voyage.tv, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms and Conditions; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
Software Licenses
Any software that may be made available for downloading from the Website is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such software. The downloading and use of such software is conditioned on your agreement to be bound by these Terms and Conditions and any relevant licensing agreement.
Software available in connection with the Services is further subject to United States export controls. No such software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export control laws. Downloading or using software is at your sole risk.
Member Disputes
You are solely responsible for your interactions with other users of the Website. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other users of the Website.
Governing Law and Venue
These Terms and Conditions shall be interpreted, construed and governed by the laws of the State of New York, USA, without reference to its laws relating to conflicts of law and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the New York City Supreme Court or the Federal District Court of the Southern District of New York (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, we shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in our opinion, such action is necessary or desirable.
Assignment
We may assign these Terms and Conditions freely at any time without notice. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of each party’s permitted successors and assigns.
Enforcement
Should any clause of these Terms and Conditions be found unenforceable, wherever possible, this will not affect any other clause and each will remain in full force and effect. Our failure to expressly enforce any provision of these Terms and Conditions does not waive our rights to enforce that or any other provision.