Access to and use of the Software, Site and/or Services (all as defined below), and the information, materials, products and services available therein are subject to all applicable laws and regulations and this User Agreement (the "Agreement"). This Site is owned and operated by Travnar, Inc. Travnar, Inc. is referred to herein as "Travnar", "we", "us", and "our". The terms "you" and "your" when used in this User Agreement means any user of the Software, Site and/or Services. The term "Content" means any and all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, and available through Software, Site and/or Services.
By accessing, installing, or using the Software, Site and/or Services, you accept, without limitation or qualification, this User Agreement, which forms a legally binding agreement. If you do not agree to any or all of the provisions found in the User Agreement, please immediately exit and discontinue all use of the Software, Site and/or Services.
Travnar may change this User Agreement from time to time without specific notice to you. You should always review this User Agreement prior to using the Software, Site and/or Services to ensure that you have a current understanding of the terms under which you are permitted to access the Software, Site and/or Services.
- Definitions
In this Agreement the following capitalized definitions (as defined below) are being used, in both the singular as well as plural forms.
A. Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Travnar. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
B. Agreement: this User Agreement may be renewed, modified and/or amended from time to time.
C. Documentation: any online or otherwise enclosed documentation provided by Travnar in connection with any Software, Site, or Service.
D. Effective Date: the date on which this Agreement is entered into by installing, or using the Software, Site and/or Services or otherwise as stated above.
E. IP Rights: any and all intellectual property and proprietary rights, including but not limited to copyrights, trademarks, patents, trade secrets, as well as any and all know-how and trade secrets contained in or relating to the Software, Services, the Documentation, and the Site.
F. Member, Membership: a person or other entity that uses any Software, Service, or Site.
G. Password: refers to a code You select, which, in combination with the User ID, gives You access to Your User Account.
H. Services: travel related Information, content and transactions utilizing the Software and/or Site.
I. Software: all software for use in connection with any electronic device, computer, mobile phone, or the like, by Travnar, that provides travel content and related information.
J. Travnar Site or Site: the website located www.travnar.com.
K. User Account: refers to the account with User ID and Password that You create for Your use of the Software and Services.
L. User ID: refers to an identification code You selected, which in combination with the Password, gives access to Your User Account; usually in the form of your e-mail address.
M. Premium Service: means the optional payable services provided as part of the Travnar Live Services and under this Agreement which require payment. Premium services are available to Professional level members.
N. You: You, the end user of the Software, Site and/or Services, also used in the form "Your" where applicable.
- License and Restriction
A. Grant. Travnar grants and you accept a revocable, non-exclusive, non-transferable, and non-sublicensable right and license to use the Software, Site, and/or Services, subject to the rights and restrictions set forth in this Agreement and solely for your personal use.
B. Access. Upon acceptance of this Agreement and the payment of all applicable fees, if any, Travnar shall provide you with access to the applicable Software, Site, or Services for the agreed-upon duration.
C. Reservation of Rights. Travnar reserves all rights to the applicable Software, Site, or Services, not expressly granted herein. Without limiting the generality of the foregoing, you shall use the Software, Site, or Services only for the purposes specified in this Agreement.
D. Modifications. You assume full responsibility for any changes, modifications or improvements to the Software, Site, and/or Services made by any person other than Travnar or Travnar's authorized agent. You hereby release Travnar from all liability and waive all rights, claims and remedies against Travnar for any and all damages of any kind or nature, to the extent that they arise out of any such changes, modifications or improvements.
E. No Conveyance of Ownership. Travnar retains all right, title, and interest in and to the Software, Site, and Services and any copyrights, patents, trademarks, and other proprietary rights therein. This Agreement does not convey to you any ownership of the Software, Site, and/or Services, or any media delivered to you on which the Software, Site, and/or Services may be stored, but solely the right to use the Software, Site, and/or Services as provided in this Agreement.
F. No Granting of Rights to Third Parties. You shall not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Software or Services or any part thereof.
G. Advertising. You acknowledge and agree that the Site and the Services may include advertisements and that these advertisements are necessary for Travnar to provide the Services and that Travnar is not responsible for the content of such advertisements.
- Confidentiality and Privacy
Your Confidential Information and Your Privacy. Travnar is committed to respecting Your privacy and the confidentiality of Your personal data. The "Privacy Policy" that is published on the Site at www.travnar.com, and which may also be provided as well in connection with your Software, Site and/or Services, applies to the use of Your personal data in connection with the Software, Site and/or Services.
- Intellectual Property Rights
A. Ownership. Unless otherwise indicated, the Software, Site, Services, and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related thereto are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of Travnar or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
B. Copying or Reproducing. Neither the Software, Site, nor Services, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
C. Permission. Permission is hereby granted to the extent necessary to lawfully access and use the Software, Site, Services and/or information, materials, products and/or services provided in connection therewith. You may download, archive and print in hard copy, portions of the Site on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
- Communication and Your Use of the Software
Lawful purposes. You agree that you shall only use the Software, Site and Services in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the Software, Site and Services, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Software or the communication.
- Location Services
Terms. To provide location-based services, Travnar, as well as our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your computer or device. This location data is used by Travnar and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services. Some location-based services may require your personal information for the feature to work. Users may withdraw this consent at any time by turning off the location services setting on your computer or mobile device or turning off the individual location settings of each location-aware application on your mobile device. For additional information, please contact the manufacturer of your computer or mobile device.
- Term and Termination
A. Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Travnar or You as set forth below.
B. Termination by Travnar. Without limiting other remedies, Travnar may limit, suspend, or terminate this license and Your use of Software, prohibit access to Site or Services and delete Your User Account and/or User ID, with immediate effect, if You are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of this Agreement, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Travnar shall effect such termination by providing notice to You to the email address You have provided and/or by preventing Your access to the respective User Account. Without derogating from the foregoing, Travnar reserves the right to cancel User Accounts that have been inactive for more than six (6) months.
C. Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause, provided that You meet with the conditions as set forth in Article 7D. below.
D. Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the Software, Site and/or Services shall terminate; (b) will cease any and all use of the Software, Site and/or Services; and (c) will uninstall any copies of Software off of your computer(s).
E. No liability. Travnar will not be liable in respect to any damage caused by the termination of this Agreement.
- Your Representations and Warranties; Indemnification of Travnar
A. Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Software, Site or Services. And, You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that You are not listed on any U.S. Government list of prohibited or restricted parties.
B. Indemnification. You agree to indemnify, defend and hold Travnar and its Affiliates harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of any Software, Site and/or Service.
C. Legal Restrictions. You acknowledge that the Software may be subject to international and/or laws that govern the export and/or import and/or use of software. You agree to comply with all applicable international and national laws that apply to the Software, its end-users, and use and any restrictions imposed by such laws and/or any relevant authority.
- Disclaimer of Warranties
A. No Warranties. THE SOFTWARE, SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO THE "LOCATION SERVICES" REFERENCED ABOVE IN PARAGRAPH 6, ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER; TRAVNAR INC. DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS, EITHER EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR USE OR A PARTICULAR PURPOSE, COMPLIANCE WITH THE LAWS OF ANY APPLICABLE JURISDICTION OTHER THAN THE U.S.A, FITNESS FOR EXPORT AND/OR IMPORT FROM OR TO ANY JURISDICTION OTHER THAN THE U.S.A. TRAVNAR INC. FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, SITE OR SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND TO NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE, SITE OR SERVICES. THE DATA PROVIDED BY TRAVNAR INC. IS BEING UPDATED ON THE TRAVNAR INC. SERVER (OR A SERVER APPROVED BY TRAVNAR INC.), FROM TIME TO TIME; THEREFORE THE PRESENT CONTENT, INFORMATION AND DATA MAY BE OUT OF DATE OR INACCURATE AND SHOULD NOT BE RELIED UPON. THE DATA IS PROVIDED "AS IS". TRAVNAR INC. ASSUMES NO LIABILITY WHATSOEVER REGARDING THE CONTENT, INFORMATION AND DATA OR THE ACCURACY THEREOF.
B. Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the Software, Site or Services remains with You, to the maximum extent permitted by law.
C. Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations of warranty as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.
- Limitation of Liability
A. Limitation of Liability. IN NO EVENT SHALL TRAVNAR, ITS AFFILIATES, ITS LICENSORS OR ANY TRAVNAR STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE "LOCATION SERVICES" REFERENCED ABOVE IN PARAGRAPH 8, EVEN IF TRAVNAR, ITS AFFILIATES, LICENSORS OR ANY TRAVNAR STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. No Liability for Network Charges. YOU HEREBY ACKNOWLEDGE THAT THROUGH USE OF THE SOFTWARE AND/OR SERVICES AND/OR SITE YOU MAY INCUR CHARGES BY YOUR NETWORK OPERATOR FOR DATA TRAFFIC, AIR-TIME OR EQUIVALENT. TRAVNAR IS IN NO WAY LIABLE FOR SUCH CHARGES.
C. Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations of liability as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.
- General Provisions
A. Jurisdiction's Restrictions.If Your use of the Software, Site or Services and/or Your entry into this Agreement is restricted under any applicable law, including, without limitation due to Your age or any other criteria applicable to You, You may not enter into this Agreement and/or download, install or otherwise use the Software, Site and Services. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, You may not enter into this Agreement, download, install or use the Software, Site and/or Services.
B. New Versions of the Agreement. Travnar reserves the right to modify this Agreement at any time by providing such revised agreement to You or by publishing the revised Agreement at www.travnar.com. Travnar reserves the right to make changes to this Agreement from time to time.
C. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and Travnar with respect to the subject matters hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matters.
D. Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
E. No Waiver. The failure of Travnar at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Travnar.
F. No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
G. Assignment by Travnar. Travnar is allowed at its sole discretion to assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.
H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
I. Competent Court. You agree to submit any legal proceedings arising out of or relating to this Agreement to the exclusive jurisdiction of the competent courts of Philadelphia County in the Commonwealth of Pennsylvania.
J. Injunctive Relief.To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate Travnar's intellectual property rights, or may cause continuing or irreparable harm to Travnar (including, but not limited to, any breach that may impact Travnar's intellectual property rights, or a breach by reverse engineering), Travnar may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
K. Indemnification. You agree to hold harmless, indemnify and defend Travnar, its Affiliates, officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used the Software, Site and/or Services in violation of another party's rights or in violation of any law, or (ii) violated any terms of this Agreement.
D. Travnar neither warrants or represents any content, images, data, or the like displayed in connection with any Software, Site and/or Services, will not infringe rights of third parties not owned by or affiliated with Travnar.
Any questions, complaints or claims that You may have with respect to the Software, the Services or the Site should be directed to Travnar, Inc., 1500 Market Street, 12th Floor, Philadelphia, PA 19102 (website: www.travnar.com; e-mail: support@travnar.com or legal@travnar.com).