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Terms & Conditions

Terms & Conditions

Last Updated:  April 2020

Terms and conditions for the use of the website – www.thetravelearth.com

Your use of The Travel Earth website (“TTE” herein) i.e. www.thetravelearth.com is subject to these website legal terms and conditions (“Terms” herein).

These terms apply to all users of The Travel Earth Service. This includes, but is not limited to, non-registered users, registered users, and users who contribute or access Content through the TTE Service.

By using the website, you agree that you have read and understood these Terms and you agree to be bound by these Terms and use the Web Site in compliance with these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE “I AGREE” BOX BELOW, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE WEBSITE. By clicking “I AGREE”, you also consent to use electronic signatures and acknowledge your click of the “I Agree” as the one. You expressly represent and warrant that you will not use the Web Site if you do not understand, do not agree or have no legal capacity (i.e. minority of age, lunatic mind or any other legal incapacity) to become a party to, and abide by all of the Terms specified below. Violation of these Terms can result in legal liability to you. Nothing in these Terms should be construed to confer any rights to third party beneficiaries.

You may not use TTE service if you are under 13 years old. Any registration by anyone under 13 is void. By completing the registration process described in Section 2, you represent and warrant that you are 13 or older.

2. REGISTRATION

The mission of The Travel Earth Magazine is to provide the best travel guides, news and reviews to the World’s most beautiful destinations and explore their rich history. TTE shares stories of places and people who encourage the readers to see the world with a different perspective. With TTE magazine, our hope is to inspire travelers and build a community to have deeper and more meaningful experiences.

While a lot of our content are available to every visitor, certain functionalities of The Travel Earth Service are accessible only after you complete the registration process. This includes, but is not limited to, commenting on articles, creating his/her own stores, read exclusive content and be a part of a large travel community.

To create an account (Account), you will have to agree to provide current, complete, and accurate information as prompted by the registration form, including your email address, full name and contact number. If you submit your credentials (e.g., username and password) for a third-party website (e.g., Facebook) during your registration for the TTE Service, you acknowledge, agree, and consent that TTE will receive any of your information that is made available by such third-party website and that TTE may use and share such information in accordance with TTE’s privacy policy.

You are responsible for safeguarding your account information and password. You agree to take sole responsibility for any activities or actions under your Account, whether by you or any third party and whether you have authorized such activities or actions. We encourage you to exercise caution when sharing any account or personal information with any third parties or third-party services. You will immediately notify us of any unauthorized use of your Account, or any other breach of security known to you.

Your status as a registered user is subject to your continued compliance with these Terms, and we reserve the right to refuse registration for The Travel Earth Service to, or remove the Account of, any user or participant at any time in our sole discretion.

3. CONTENT

Any text, html, URLs, images, graphics, video, other rich media content, or other materials submitted to, posted to, uploaded to, downloaded from, or appearing or existing on the TTE Service is referred to herein as Content. As a registered user, you can contribute Content through the our service for the duration of these Terms, and you will always retain ownership of the rights you have to your Content.

You grant us a worldwide, transferable, perpetual, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, cache, store, process, adapt, modify, create derivative works of, publish, transmit, display, and distribute (in any and all media or distribution methods, now known or later developed) any Content you upload, submit, or otherwise contribute to the TTE Service. You understand that your Content may be used by our partners or us and that you may be subject to liability if you do not have adequate rights to authorize the foregoing license to your Content. You agree that the foregoing license includes the right for TTE to make such Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication of such Content on other media and services. Without limiting the scope of the Content license in this Section 3, TTE has to right to modify or to adapt your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.

The Content you contribute to the TTE Service can be viewed by other users of the TTE Service and possibly through third-party websites and services, so you should only provide Content that you are comfortable sharing with others under these Terms. You are responsible for any Content you contribute, whether publicly posted or privately transmitted.

We may or may not monitor or control the Content contributed via the TTE Service and we disclaim responsibility for such Content. We always reserve the right (but will not have an obligation) to remove or refuse to accept or distribute any Content on TTE Service.

4. RESTRICTIONS & OWNERSHIP

We invite you to use the TTE Service provided that your use is subject to and must comply with these Terms. You are not authorized to reproduce, modify, create derivative works, distribute, sell, market, publicly display, publicly perform, transmit, or otherwise use the TTE Service or any Content that is not your own except as necessary to enable you to enjoy the TTE Service as provided by TTE. Without limiting the generality of the foregoing, you agree not to (and to not allow any third party to): (a) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the TTE Service for any purpose without the express written consent of TTE; (b) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with TTE; or (c) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the TTE Service.

The TTE Service and Content are protected by copyright, trademark, patent, trade secret, and other laws, and TTE or its licensors own all rights, title, and interest in and to the TTE Service and Content (except your Content) and all intellectual property rights therein.

5. COPYRIGHTS AND INTELLECTUAL PROPERTY POLICY

We respect copyright law and expect our users to do the same. The copyrights and other intellectual property rights of creators and owners of any Content are important to The Travel Earth. If you become aware of misuse of the TTE Service by any person, please contact info@thetravelearth.com to report any abuse. If you receive a notice of infringement under the Digital Millennium Copyright Act or the Copyright Act, 1957 for any content that is transmitted to us as part of the TTE Service, you will immediately provide notice to us so that we can take appropriate action.

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6. PROHIBITIONS

We do our best to keep the TTE Services safe, but we cannot guarantee it. We need your help to do that. You agree not to do any of the following while using the TTE Service:

• Use the TTE Service beyond the scope of these Terms;

• Post, publish, submit, link to, or transmit any text, graphics, or other material, whether as Content, Feedback, Comment, Account Details, or otherwise, that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights and rights of privacy and publicity; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

• Access, tamper with, or use non-public areas of the TTE Service, TTE’s computer systems, or the technical delivery systems of TTE’s providers;

• Attempt to probe, scan, or test the vulnerability of any TTE system, network, or software or breach any TTE security or authentication measures;

• Access or search or attempt to access or search the TTE Service by any means (automated or otherwise) including but not limited to any engine, software, tool, agent, device or mechanism, except through the currently available published interfaces that are provided by TTE (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with TTE;

• Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services via the TTE Service;

• Engage in any unlawful multi-level marketing, such as a pyramid scheme, on the TTE Service;

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the TTE Service;

• Interfere with, or attempt to interfere with, the access of any member or other user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the TTE Service;

• Impersonate or misrepresent your affiliation with any person or entity;

• Launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the TTE Service in a manner that sends more request messages to the TTE servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, including but not limited to using scripts to connect with other members or send comments or messages to other members;

• Use sexually suggestive imagery or any other unfair, misleading, or deceptive Content intended to draw traffic to your profile;

• Solicit login information or access an account belonging to someone else;

• Collect or harvest any personally identifiable information, including account names, from the TTE Service; or

• Use the TTE Service, or the communication systems provided by the TTE Service, to display any commercial advertisement that is not authorized in writing by TTE, promote or engage in commercial transactions through the TTE Service, or accept payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the TTE Service.

7.THIRD PARTY WEBSITES, THIRD PARTY CONTENT, & ADVERTISING

The TTE Service may contain links or references to third-party websites or resources (including but not limited to links provided by other users of the TTE Service), as well as Content and other information belonging to or originating from third parties (including but not limited to other users of the TTE Service) (collectively, the Third-Party Sites, Resources, and Content). You understand that by using the TTE Service, you may be exposed to Third-Party Sites, Resources, and Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. You acknowledge and agree that TTE is not responsible or liable, and TTE disclaims any liability, for: (i) the availability or accuracy of the Third-Party Sites, Resources, and Content; or (ii) the content, products, or services on or available from the Third-Party Sites, Resources, and Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Sites, Resources, and Content or endorse any opinions expressed via the TTE Service. You acknowledge sole responsibility for and assume all risk arising from your visits to or use of any Third-Party Sites, Resources, and Content.

The TTE Service may include advertisements, which may be targeted to the Content provided by you or others through the TTE, for example in your posts or queries. The types and extent of advertising provided through the TTE Service are subject to change. In consideration for TTE granting you use of the TTE Service, you agree that TTE and its third-party providers and partners may place such advertising on the TTE Service or in connection with the display of Content or information from the TTE Service whether submitted by you or others.

8. PRIVACY

Any information that you provide in your use of the TTE Service is subject to our Privacy Policy, which governs our collection and use of information from and about you. You consent to the collection and use (as set forth in our Privacy Policy) of your personal information, Content, and Measured Data, including the transfer of this information to the United States and/or other countries for storage, processing, and use by TTE. As part of providing you the TTE Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the TTE Service, which you may not be able to opt-out from receiving.

9. FEES AND PAYMENT

Some of the Services require payment of fees. All fees are stated in U.S. dollars. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Site. You represent to TTE that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services are provided “AS IS” with no warranties of any kind. TTE may modify and/or eliminate such fee-based Services at its discretion.

TTE may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Site and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.

10. INDEMNIFICATION

You agree to indemnify, hold harmless and defend TTE (if TTE so elects), TTE’s other users, and TTE’s officers, directors, employees, successors, agents, partners, and third-party service providers, at your expense, from all third-party claims, and all related damages, losses, liabilities, settlements, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of (i) your breach of these Terms, (ii) your use of the TTE Service, (iii) your Content, or (iv) your violations of applicable laws, rules or regulations in connection with the TTE Service. TTE will provide you with written notice of any such claim. TTE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and, if TTE exercises such right, you agree to cooperate with TTE as reasonably required in the defense of such claim.

11. WARRANTIES AND DISCLAIMER

You represent and warrant that (i) you have rights necessary to grant to TTE the rights to use your Content, as contemplated under these Terms, (ii) the submission and use of your Content on or through the TTE Service or as otherwise contemplated herein does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity, (iii) you will comply with all laws and regulations, and (iv) you will comply with all guidelines or other terms TTE makes available to you (via the TTE Service or otherwise) related to your use of the TTE Service. You agree to pay for all royalties, fees, and any other monies owing to any person or entity that arise as a result of any Content posted by you on or through the TTE Service.

The TTE service, TTE software, and content you access through the TTE service is provided by TTE as is and there are no warranties, claims or representations made by TTE, either express, implied, or statutory, with respect to the TTE service, TTE software, or content you access through the TTE service, and TTE disclaims all warranties, express or implied, including but not limited to any warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, and also those that could be created by course of dealing, course of performance, or trade usage.

TTE does not warrant that the TTE service, TTE software, or content you access through the TTE service will meet your needs or be free from errors, or that the operation of the TTE service or TTE software will be available or uninterrupted. TTE does not represent or warrant that defects will be corrected, or that the TTE service, TTE software, or content you access through the TTE service is free of viruses or other harmful components. TTE makes no warranty regarding the quality of the TTE service, TTE software, or content you access through the TTE service or the timeliness, truthfulness, completeness or reliability of the TTE service or any content or other information obtained through the TTE service. TTE does not guarantee the TTE service and TTE software will always be operable or any time. Without limiting the effect of this section 11, you agree that TTE will have no liability for unavailability (1) caused by outages to any public internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for maintenance or (4) relating to events beyond TTE’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in internet services to an area where TTE’s servers are located or co-located.

No advice or information, whether oral or written, obtained from TTE or through the TTE service will create any warranty not expressly made herein. The foregoing exclusions and disclaimers are an essential part of these terms and formed the basis for determining the price charged for the TTE service and TTE software. Some jurisdictions do not allow exclusion of an implied warranty, so portions of this disclaimer may not apply to you.

12. Limitation of liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the TTE service and TTE software remains with you. TTE will not be liable for any incidental, special, exemplary or consequential damages, including but not limited to lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services arising out of or in connection with these terms or the use of or inability to use the TTE service, TTE software, or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, TTE will have no liability to you or to any third party for any of your content or third-party content uploaded onto or downloaded through the TTE service.

In no event will TTE’s aggregate liability arising out of or in connection with these terms or the use of or inability to use the TTE service or TTE software exceed the greater of the amounts you have paid to us for use of the TTE service and TTE software and one hundred dollars ($100).

The limitations of damages set forth herein are fundamental elements of the basis of the bargain between TTE and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

13. TERMINATION

You may terminate your account and discontinue your use of the TTE Service at any time. These Terms will be deemed terminated fifteen (15) days following the termination of your account and discontinuation of your use of the TTE Service. We may, in our sole discretion, at any time and for any reason, terminate or cease providing the TTE Service or any portions thereof, terminate these Terms, or suspend or terminate your account. These Terms will terminate automatically upon your material breach of any provision. Upon any termination of these Terms or the TTE Service, your authorization to use the TTE Service will terminate immediately and you will discontinue all use of the TTE Service. Upon termination or expiration of these Terms for any reason, Sections 3, 4 (except your right to use the Service), 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16 will survive.

14. MODIFICATION TO TERMS OF TTE SERVICE AND OTHER POLICIES

In efforts to improve the TTE Service, the TTE Service may be modified by us at any time without prior notice to you. You agree and understand that the TTE Service, as modified, will be subject to these Terms. We may change, suspend or discontinue providing the TTE Service or any of their features or content to you or to users generally for any or no reason, at any time. We may also impose limits on certain features and services or restrict your access to parts or all the TTE Service at our sole discretion at any time without liability or prior notice to you.

If you do not agree with our modifications to these Terms, you agree that your only recourse is to decline such terms and stop using the TTE Service.

15. FEEDBACK

We invite you at any time to provide your feedback, comments, and suggestions for improvements to the TTE Service or the TTE Software (the Feedback). Any feedback you may provide regarding TTE or the TTE Service is entirely voluntary. You agree that TTE will own all Feedback, and you hereby assign and agree to assign to TTE all right, title, and interest in and to your Feedback and all intellectual property rights associated therewith. In addition, you hereby waive any moral rights you have to your Feedback. You are free to submit your feedback here.

16. MISCELLANEOUS

These Terms are the complete and exclusive statement of the agreement between TTE and you regarding the TTE Service and TTE Software, and these Terms supersede and replace any prior agreements, representations and communications (both written and oral) between TTE and you regarding the TTE Service; provided that, if you enter into a separate written agreement with TTE, such written agreement will supersede these Terms to the extent there is a conflict. You may not assign or transfer these Terms or licenses herein to any other person or entity. TTE reserves the right to assign these Terms to any other entity.

The failure of TTE to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect. The rights under these Terms may only be waived by a written document executed by both parties.

If you have any questions about these Terms, please contact us at info@thetravelearth.com.