b. Children’s Online Privacy Protection Act. The Website and Services are not directed to or intended for use by persons under thirteen (13) years of age. You affirm that You are over the age of 13. If You are under 13 years of age, please do not use the Website or Services.
2. Registration; Social Media Accounts; Account Security
a. No registration is necessary to access the Website. However, We may provide Services which will require You to register with Us in order to have access to them. If so, You will be required to set up an account (“Account”) with Us, which requires providing Your email address and other information as requested, which may include but is not limited to, first and last name, username, password (collectively, “Registration Information”). The type of Account You set up will depend on the Service You desire to access or are permitted to access. You agree to (i) provide accurate, current and complete Registration Information, (ii) maintain the security and confidentiality of Your user name and password, (iii) keep your Registration Information accurate, and (iv) assume full responsibility for any and all activities which take place on or through Your Account. You agree not to disclose Your password to any third party. Our personnel will never ask You for Your password. You may not have more than one (1) active Account. You may not transfer or share Your Account with anyone. You agree not to create any account using a false identity or information. You also agree not to access an Account on behalf of someone other than Yourself. You agree to notify Us immediately if You suspect any unauthorized use of Your Account or access to Your password.
b. Social Networking Site. You may be able to set up an Account with Us through social networking site such as Facebook, Twitter or Google+ ("Social Networking Site"), If You register an Account through Your account with a Social Networking Site (“Social Networking Account”). You agree that We may access, have provided to Us, and make available through Pointimize and store, if applicable, any information, including personally identifiable information, data, text, messages, tags, and/or other materials that You have provided to and stored and made accessible on Your Social Networking Account, subject to the privacy settings that you have set on Your Social Networking Account. Your relationship with a Social Networking Site is governed solely by Your agreement with that Social Networking Site. Pointimize disclaims any liability for any personally identifiable information or other information We may receive from a Social Networking Site in violation of the privacy settings that You have set up with that Social Networking Site applicable to Your Account.
3. Access to Services
a. Free. Unless otherwise indicated on the Website, access to and use of the Services is provided for free (the “Basic Services”).
b. Fee. From time to time, we may also provide access to certain services in exchange for a monthly fee, as would be more specifically set forth on Our Website (the “Premium Services” together with the “Basic Services,” collectively referred to as the “Services”). If You wish to purchase access to Our Premium Services, You will be required to supply certain information including, without limitation, Your credit card number, expiration date of Your credit card, Your billing address, and the like.
c. Credit Card. You represent and warrant that: (i) you have the legal right to use the credit card used in connection with the purchase of access to Our Premium Services and (ii) the information You provide in connection with purchase of access to Our Premium Services is true, correct, and complete.
e. Refusal. We reserve the right, in Our sole discretion, to refuse Your attempt to access the Basic Services or purchase access to or access the Premium Services if we suspect fraud or an unauthorized or illegal transaction.
f. Unauthorized Use. You agree to immediately notify Us of any unauthorized (i) attempt to set up an Account or (ii) use of or access to Your Account.We disclaim any and all liability for any loss of any kind resulting, either directly or indirectly from any unauthorized access to or use of Your Account or from Your failure to comply with this Section.
4. Description of Services
a. General. AwardTravel.com is a media platform and an online community which celebrates traveling by fulfilling the idea of awarding yourself with discovering, inspiring and living. It is also a place where travel veterans gather to share tips and insights to make you a travel expert, too. Our Services range from simply having the ability to view Content (as defined below) on the Website to having the ability to post Your Content directly, on (i) the Website and/or (ii) one or more of Our current social media accounts located on YouTube, Facebook, Twitter, Instagram or any additional awardtravel.com or Pointimize social media accounts (collectively, Our “Social Media Accounts”).
b. Types of Accounts
I. General User Account. If You register for a General User Account, You will have the ability to follow/unfollow and bookmark/unbookmark Users with Contributor or Author Accounts (as defined below) (“General User Account”).
II. RSS Account. If Your RSS feed appears on the Website, We will automatically create an “RSS Account” for Your RSS feed. If You, as the provider of an RSS feed, would like the ability to edit or delete Your RSS feed appearing on Our Website, You must register for a Contributor Account (as defined below).
II. Contributor Account. If You register for a Contributor Account, in addition to having the ability to follow/unfollow and bookmark/unbookmark other Users with Contributor or Author Accounts (as defined below), We will give You the ability to transmit Content to Us for Our review and possible publication, at Our sole discretion, on the Website (“Contributor Account”). Once Your Content has been posted on the Website, You will be able to edit or delete Your Content. You will also have the ability to place affiliate or other third-party links or references to third-party products or services in Your Content.
III. Author Account. If You have registered for a Contributor Account and We have published Your Content, over time, on the Website, We may, at Our sole discretion, upgrade Your Contributor Account to an “Author Account.” If We notify You that Your Contributor Account has been upgraded to Author Account and You agree to have Your Contributor Account upgraded to an Author Account, You will have the ability, in addition to the abilities You had as a Contributor Account, to publish Your Content directly to the Website (the General User Account, RSS Feed Account, Contributor Account and Author Account collectively referred to as “Accounts.”)
5. Rights Granted and Restrictions.
6. Conduct on Site
a. Use of Website and Services. Your use of the Website and the Services is subject to all applicable laws and regulations, and You are solely responsible for all Content you submit, post, upload or send (collectively, “transmit”) to the Website or the Services. When accessing the Website or the Services, You agree that You will not transmit any Content, or include a link to Content that:
ii. incites violence, celebrates terrorist attacks, or promotes acts of terrorism; iii victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, nationality, age, or disability;
iv. violates any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
v. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
vi. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
vii. impersonates any person or entity, including any of Our employees or representatives;
viii. is targeted to children under the age of 13; or
ix. violates any applicable law.
b. Use of Account. In addition, You may not use Your Account to breach security of another account or attempt to gain unauthorized access to another network, server or other area of the Website. Not all areas of the Website or the Services may be available to You. You shall not interfere with anyone else’s use and enjoyment of the Website or the Services or other similar services. Users who violate systems or network security may incur criminal or civil liability.
7. Third-Party Sites and Information; Compensation
The Website or the Services may provide links or references through banner advertising or otherwise to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services and products provided by third parties (collectively, Third Party Content”). These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Our control, and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are We responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such Third Party Content a link or reference is provided merely as a convenience and does not, unless otherwise indicated, imply endorsement of, or association with, the site or third party by Us, or any warranty of any kind, either express or implied. Different terms and conditions and privacy policies may apply to Your use of any other site. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use or reliance on any Third Party Content, or products or services available on or through any such third-party linked site. We may receive compensation when You simply click on a third-party advertisement or link on the Website or Services or when You actually purchase a third-party product or service after having clicked on such third-party advertisement or link.
8. Intellectual Property Rights.
a. Pointimize Ownership. Our Content, including the Website and the Services, may be protected by certain intellectual property and other proprietary rights and laws, international treaties and laws of the United States of America and other jurisdictions. We retain all right, title and interest, including but not limited to, all copyrights, patents, trademarks, service marks, trade secret rights, moral rights and other intellectual property and proprietary right throughout the world (“Intellectual Property Rights”) associated with Our Content, the Website and the Services, including any of Our intellectual property we may embed in Your Content.
b. Third-Party Ownership. Some components of the Website or the Services may be subject to “open source licenses,” “free software licenses” or other third-party licenses or provided with the permission of third parties (“Third-Party Software”). Such Third-Party Software is made available under the terms and conditions of the respective Third Party Software license or pursuant to the permission granted. All Intellectual Property Rights in and to such Third-Party Software are retained by the respective third parties.
c. Limited Right. You acknowledge that You are acquiring only a limited right to use the Content, the Website and Services and not any Intellectual Property Rights to the Content of any party or in or to the Website or the Services or any part thereof.
You understand and acknowledge that by accessing the Website or the Services, You may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to You. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Pointimize with respect to such Content.
10. Unauthorized Use of Content
a. Notification. We respect the Intellectual Property Rights of others, and We ask You to do the same. If You believe Your (or those of someone on whose behalf You have the legal right to act) copyright, trademark or other Intellectual Property Rights have been infringed by Content on Our Website, the Services, or Our Social Media Accounts, You should send notification immediately to the email address below. To be effective, the notification must:
i. Identify in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed;
ii Identify the material that You claim is infringing the copyrighted work listed in item “a” above;
iii. Provide information reasonably sufficient to permit Us to contact You (email address is preferred);
iv. Provide information, if possible, sufficient to permit Us to notify the owner/administrator of the allegedly infringing Content (email address is preferred);
v. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
vi. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;” and
vii. Be signed by You and sent via email to [email protected] ****
b. Removal of Infringing Materials. You acknowledge and agree that upon Our receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Website or Services and Our Social Media Accounts without liability to You or any other party and that the claims of the complaining party and the party that originally transmitted the Content will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
11. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW, POINTIMIZE, ITS MEMBERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND THE SERVICES AND YOUR USE THEREOF. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS (A) THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) THAT THE SERVICES WILL BE PERMITTED IN YOUR JURISDICTION, (E) REGARDING ANY CONTENT ON THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RELIABILITY OR ACCURACY THEREOF, (F) REGARDING ANY THIRD PARTY’S USE OF CONTENT TRANSMITTED BY YOU TO THE WEBSITE OR THE SERVICES, (G) THAT ANY CONTENT YOU TRANSMIT TO THE WEBSITE OR THE SERVICES WILL BE MADE AVAILABLE ON THE WEBSITE OR SERVICES OR ANY OF OUR SOCIAL MEDIA ACCOUNTS OR WILL BE STORED BY POINTIMIZE, (H) THAT WE WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE WEBSITE OR THE SERVICES OR (I) REGARDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, (J) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR THE SERVICES OR A THIRD PARTY WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. BOTH THE WEBSITE AND THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE WEBSITE OR THE SERVICES, INCLUDING THE PRICES OF THE SERVICES, AT ANY TIME WITHOUT NOTICE. THE CONTENT ON THE WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. THE USE OF THE WEBSITE AND THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT OR SERVICES THROUGH THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Third Party Transactions. Through Your use of the Website and the Services, You may have opportunities to communicate with or engage in commercial transactions with other Users and third-party product or service providers. You acknowledge that all communications and all transactions relating to any products or services offered by any such party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are between and agreed to solely between the such other User or third-party product or service provider and You. WE MAKE NO WARRANTY REGARDING ANY COMMUNICATIONS OR TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH COMMUNICATIONS OR TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE OR THE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
13. No Endorsement; Opinions of Third Parties. Content available on the Website or through the Services, including but not limited to, any scores or comments, may represent the opinions, advice, judgments or statements of Users or other third parties and not those of Pointimize. We do not endorse, nor are We responsible for the accuracy or reliability of, any opinion, advice, judgment or statement made by such Users or third parties.
14. Availability of Website and Services.
a. Interruptions and Delays. You understand and agree that temporary interruptions of the availability of the Website or the Services may occur as normal events. You further understand and agree that We have no control over third-party networks You may access in the course of Your use of the Website or Services, and therefore, delays and disruption of other network transmissions are completely beyond Our control.
b. Timeliness. You understand and agree that the Website and the Services are provided “AS IS” and that We assume no responsibility for the timeliness of transmitting any Content to the Website, the Services, or Our Social Media Accounts, or the deletion or misdelivery of, or failure to store any Content.
15. Limitation of Liability NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF THE POINTIMIZE, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO POINTIMIZE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE SUCH CAUSE OF ACTION ALLEGEDLY AROSE. IN NO EVENT WILL POINTIMIZE, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING FROM YOUR USE OF THE WEBSITE, THE SERVICES, OR ANY OF THE CONTENT OR OTHER MATERIALS POSTED ON, TRANSMITTED TO, ACCESSED THROUGH, OR OTHERWISE MADE AVAILABLE ON OR THROUGH OR DOWNLOADED FROM THE WEBSITE, OR THE SERVICES, EVEN IF POINTIMIZE, OR ANY OF ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS OR AGENTS ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR USE OF THE WEBSITE OR THE SERVICES, UNLESS OTHERWISE PERMITTED BY LAW, YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR THE SERVICES OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE THIRD-PARTY WEBSITES, INCLUDING WITHOUT LIMITATION, THE PROCESSING OF ORDERS OR ACCESSING CONTENT. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF SO DIRECTED BY LAW.
17. E-mail, Messaging, Blogging, and Chat Services
b. Private Communications. We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as otherwise required by law or by court or governmental order.
c. Spam. We may employ automated monitoring devices or techniques to protect Our Users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that We deem inconsistent with Our business purposes. However, such devices or techniques are not perfect, and We will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
d. Mailboxes. If we make mailboxes available, these mailboxes may have a limited storage capacity. If You exceed the maximum permitted storage space, We may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages or any lost information.
18. International Use
Although the Website and the Services may be accessible worldwide, We make no representation that the Content on the Website or the Services, or that use of or access to the Website or Services, is legally permissible outside the United States of America. Those who choose to access the Website and Services from outside the United States of America do so at their own risk and on their own initiative and are solely responsible for compliance with all applicable laws. Any offer for any product, service and/or information made in connection with the Website or the Services is void where prohibited.
19. Termination of Use
b. Access Denied. Upon termination or suspension, regardless of the reason therefore, Your right to use the Website and Services immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your Account, all files in Your Account, and Your Content and/or bar any further access to such Content, files, the Website, the Services, and Our Social Media Accounts. We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection with such termination or suspension.
20. Governing Law
You agree to receive any and all required notices electronically at the email address provided by You upon registration with Us or otherwise. All notices to Us shall be in writing and shall be made via email at [email protected] We may broadcast notices or messages through the Website to inform You of changes to the Website and/or the Services or other matters of importance, and such broadcasts shall constitute notice to You at the time of sending.
22. Entire Agreement
24. Service Support. If You need assistance regarding Your use of the Services, please email Us at [email protected].
a. Cause of Action. Any cause of action brought by You against Us or Our licensors must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
27. Contact Information