1. Submission of Travel Blogs and Other Content.
As part of the TravelRoom, Members have the opportunity to submit information and material regarding their travel experiences. By submitting recommendations, opinions, reviews, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, video clips, messages or other materials to the Web site (”Member Content”), you warrant that: (a) you are the owner of such Member Content, or have been granted all the rights necessary from the owner (and subject matter, if applicable) thereof to submit such Member Content to the Web site and for the use by Maduro Travel (Aruba) Inc. as stated herein, and (b) the use of such Member Content by Maduro Travel (Aruba) Inc. will not infringe the intellectual property rights of or otherwise violate the rights of any third party.
Maduro Travel (Aruba) Inc. does not claim ownership rights to any of the Member Content. By submitting Member Content to the Web site, and in consideration of the substantial time, effort and funds expended by Maduro Travel (Aruba) Inc. to create the Web site and offer you the TravelRoom, you agree, with respect to any Member Content that you elect at any time to not designate as private (”Public Content”), to hereby grant to Maduro Travel (Aruba) Inc. (or warrant that the owner thereof has granted to Maduro Travel (Aruba) Inc.), a nonexclusive, royalty-free, perpetual, irrevocable, license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, and create derivative works of, any such Public Content, for any purpose whatsoever, including, without limitation, a commercial purpose, and in any form of media, without any compensation to you, and to sublicense any of the foregoing rights and licenses. You hereby agree to waive your moral rights in Public Content submitted by you, and warrant that you have obtained the waiver of moral rights from everyone who may have such rights in such Public Content. Without limiting the foregoing, you acknowledge and agree that Public Content submitted by you may appear on Web sites owned by Maduro Travel (Aruba) Inc. strategic partners and who have been authorized by Maduro Travel (Aruba) Inc. to display and publish such content under the partner’s own brand or trade name.
2. User Conduct.
Maduro Travel (Aruba) Inc. reserves the right to terminate your access to and use of the Services if, in Maduro Travel (Aruba) Inc.’s view, your conduct fails to meet any of the following guidelines:
You shall not use any portion of the Web site or the Services for uploading, posting, emailing, transmitting, messaging or otherwise making available material that is unlawful, infringes on another’s intellectual property rights, is harmful to minors in any way, contains nudity or pornographic material, promotes or provides instructional information about illegal activities, or promotes physical harm or injury against any group or individual;
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 Maduro Travel (Aruba) Inc.;
You shall not use any portion of the Web site 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 Web site 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 use the Web site for conducting raffles or contests;
You shall not post content that includes hyperlinks to content not allowed to be posted to this Web site;
You shall not attempt to gain unauthorized access to Maduro Travel (Aruba) Inc.’s database(s) or other computer systems;
You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Maduro Travel (Aruba) Inc. in connection with the Web site 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 Web site; and
You shall not use any portion of the Web site or the Services for any unlawful purpose.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Maduro Travel (Aruba) Inc.
3. Termination of Service.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE TRAVELROOM AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” TRAVELPOD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, DISCLAIM ANY WARRANTY, REPRESENTATION AND CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE TRAVELROOM AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, WHETHER ARISING BY LAW, STATUTE, USE OF TRADE OR COURSE OF DEALING. USE OF THE TRAVELROOM AND THE SERVICES OFFERED HEREIN 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.
5. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MADURO TRAVEL (ARUBA) INC., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SHALL 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 WWW.MADUROTRAVELARUBA.COM, INCLUDING THE TRAVELROOM, OR WITH THE DELAY OR INABILITY TO USE WWW.MADUROTRAVELARUBA.COM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF WWW.MADUROTRAVELARUBA.COM, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MADURO TRAVEL (ARUBA) INC., 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