General and Acceptance
Voyajo.com may modify this Agreement from time to time and such modification shall be effective upon posting by Voyajo.com on the Website. You agree to be bound to any changes to this Agreement when you use the Voyajo Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Voyajo Services to ensure you are updated as to any changes this agreement was last revised on November 1st, 2010.
1. Eligibility; Registration.
1.1 Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. Further, the Services are not available to parties whose use of the Services has been suspended or terminated.
1.2 To use the Services, you must submit a complete registration form on behalf of yourself or the corporation, partnership or other legal entity that will be using the Services. By accepting this Agreement, you represent that (a) you are eighteen (18) or older and, if applicable, (b) you are authorized to sign for and bind the corporation, partnership or other legal entity that will be using the Services. You shall provide current, complete and accurate registration information, and then update the information as required to keep the registration information current, complete and accurate.
1.3 It is important to keep your registration information current, complete and accurate, especially your email address.
2. Description of Service
2.1 Voyajo currently offers online services including, inter alia, recommended detailed trip routes, sharing community detailed trip routes, sharing pictures, shared links videos, affiliates with travel services sites (The "Services"). Value added services are subject to Terms of Service.
2.2 Voyajo may add, delete, or modify some or all of the services provided at any time.
2.3 You understand and agree that the Services are provided "AS-IS" and that Voyajo assumes no responsibility for the timeliness, deletion, service delivery problem, or failure to store any trip itinerary, user communications or personalization settings. You are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider). In addition, you must provide and are responsible for all equipment necessary to access the Services.
Voyajo is not a travel agent or merchant. Voyajo works with third party providers to offer goods and services including flights, Hotels, Car rental Etc. Voyajo is not responsible for collecting or remitting taxes in connection with your purchases of products and services from these third party travel providers.
2.4 Voyajo may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Voyajo may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Voyajo may include advertisements or other commercial content in any Voyajo product or image or webpage including such which have been created by users unless stated otherwise.
3. Passwords and Security.
You shall at all times maintain the confidentiality of your user names and passwords. If you are a corporation, partnership or other legal entity, you may allow employees to use user names and passwords, provided that you are responsible for all activity by such employees. Permitting use of the Services by a third party is prohibited and is a violation of this Agreement. If there is a breach of security through your account, you must immediately change your password and also notify us at Info@voyajo.com. You will be liable for any unauthorized use of the Services until you notify us of the security breach.
4. User Conduct
You understand and agree not to use The Site or any of Voyajo services provided to:
Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
Use the Voyajo Service for any illegal purpose, including but not limited to conspiring to violate laws.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to a) Using Voyajo invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) Using Voyajo to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Stalk or harass anyone.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Voyajo Service.
Post content in fields that aren't intended for that content.
Interfere with or disrupt the Voyajo Service or servers or networks connected to the Voyajo Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Voyajo Service.
5. You're Materials.
5.1 "Your Materials" is defined as any information, data, text, graphics, photographs, images or other materials you provide (directly or indirectly) to us or other users of the Services. You are solely responsible for Your Materials, and we act as a passive means for your online storage, distribution and publication of Your Materials.
5.2 Your Materials (or any items included therein): (a) shall not be false, inaccurate or misleading;; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene, contain child pornography; and (f) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (g) shall not violate the terms and conditions of any agreements you have with third parties, including providers of Marketplaces, as such terms and conditions relate to your use of the Services; (h) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
5.3 Any communications or materials you transmit to Voyajo by electronic mail or otherwise or post in a public area of the Site may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we, and our affiliates, are free to use any ideas, concepts, know-how or techniques contained in any such communication for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information.
5.4 Voyajo is not and will be not hold responsible for the liability of your materials and reserves the right to access, monitor, remove, or disable access to any of Your Materials at any time in its sole discretion. Additionally, Voyajo cannot guarantee the authenticity of any data which users may provide about themselves or about any information provided by them to the Website.
6. Voyajo and Third-Party Intellectual Property.
6.1 Other than Your Materials, all content included or available on the Website, such as advertisements, text, graphics, logos, button icons, images, audio clips and software (The "content"), is the property of Voyajo and/or third parties and is protected by copyrights, trademarks or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Voyajo and/or its licensors, suppliers and distributors and is protected by copyrights or other intellectual and proprietary rights. All software used on the Website is the property of Voyajo and/or its software suppliers or distributors and is protected by copyrights, patents or other intellectual and proprietary rights. In order to remove any doubt, any usage of the Content for commercial purposes is forbidden.
6.2 Subject to the terms and conditions of this Agreement, Voyajo grants a limited license to you to make personal use of the Site and the Services only for their intended purposes. This license expressly excludes any resale of the Website and the Services, making any derivative of the Website or the Services, the collection and use of other users' email addresses or other materials (for example, advertisements), or any data extraction or data mining whatsoever, except with the express consent of the owner of such materials..
6.3 Voyajo retains all right, title, and interest in and to its trademarks, service marks and trade names worldwide (collectively, the "Marks"). You shall only use Voyajo Marks with the express permission, in writing, of Voyajo and then only in the manner authorized. Under no circumstances may you alter, modify, or change Voyajo Marks.
7. Suspension and Termination.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Website and Services if you breach any of the terms of this Agreement or if you take any actions that, in our sole judgment, may cause legal liability for or claims against you, our users, or us. In the event Voyajo suspends or terminates your access to the Website or Services, you acknowledge that you may be denied any further access to Your Materials.
8. International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from your original country to or from any other country in the world.
9. Communications with the user
In the course of providing you services, Voyajo may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of Voyajo Services. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Voyajo Services.
11. Monitoring and Enforcement
While Voyajo has the right to monitor activity and content associated with her Services provided on the Website, she is not obligated to do so. And since she does not, and may not have the ability to, control or actively monitor content Voyajo doesn`t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with Voyajo policies and practices, in the process of using The Web Site, you may be exposed to content that you find offensive or objectionable or inaccurate. You can contact our Customer Service Department to let us know of such content. Voyajo may investigate the complaints and violations of her policies that come to her attention and may take any action that she believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, Voyajo also reserves the right not to take any action. Under no circumstances Voyajo will not be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website. You understand and agree that Voyajo services are provided "AS-IS". Voyajo assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. In particular, but not by way of limitation, Voyajo may delete e-mail accounts or the information therein if the membership is determined by Voyajo to be inactive. All chat, forum and blog communications are public and not private communications. Although Voyajo reserves the right to remove without notice any posting for any reason, she has no obligation to delete content that you may find objectionable or offensive or inaccurate.
12. Warranty Disclaimer.
A. YOU AGREE THAT YOUR USE OF THE Voyajo WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Voyajo or Lemaan, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Voyajo or Lemaan MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
B. IN NO EVENT SHALL Voyajo or Lemaan, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VOYAJO WEBSITE. HE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
C. YOU SPECIFICALLY ACKNOWLEDGE THAT Voyajo SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. Voyajo DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
E. Voyajo DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.
F. Voyajo MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You hereby agree to, at your own expense, indemnity, defend and hold Voyajo or Lemaan and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to the Site; (b) any fraud, manipulation, or other breach of this Agreement by you; (c) any third-party claim, action or allegation brought against Voyajo arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any services; (d) your violation of any law or the rights of a third party; or (e) your use, or Voyajo provision, of the Services or use of your account by any third party. Voyajo will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on Voyajo behalf without the prior written consent of Voyajo.
14. Governing Law
The User Agreement between you and Voyajo will be governed by and construed in accordance with the laws of the State of Israel, Without regard to conflicts of law's provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the Tel – Aviv City courts having within their jurisdiction the location of Voyajo principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
15. Travel Destinations
Voyajo herby represent that travel to certain destinations provided on the Website may involve certain risks. By offering information and/or recommendation to certain travel routes to particular destinations, Voyajo does not represent or warrant that travel to such points is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.
This Agreement is not assignable, transferable or sublicensable by you without Voyajo prior written consent, and any such conveyance shall be null and void. Voyajo reserves the right to assign this Agreement in whole or in part.
17. BETA Test Warning
Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of the agreement to participate in the Service BETA testing.
Any notices shall be given by e-mail to Voyajo. (email@example.com) (in the case of Voyajo) or to the email address you provide to Voyajo during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
Thank you for using Voyajo services and accepting all the terms of the user agreement mentioned above.