Terms and Conditions

Terms of Service

1. Description of Service.

INSIDERITINERARY is a web-based service available from the domain WWW.INSIDERITINERARY.COM. This service provides travelers and individuals with an online marketplace to buy and sell itineraries directly from and to each other, which consists of original digital materials created by the seller (“Traveler Content”). The service provided by INSIDERITINERARY is referenced herein as the “Service.” INSIDERITINERARY at no time owns or sells any product for or on behalf of travelers, travel agencies or companies. Travelers who sell Traveling Content via the Service are referenced herein and in the Service as “Traveler-Sellers.”  Travelers who purchase Traveler Content via the Service are referenced herein and in the Service as “Traveler-Buyers.”

This Terms of Service/User Agreement (“Agreement”) governs your access to and use of the Service, whether in the capacity of a Traveler-Seller, Traveler-Buyer, or visitor, including the finding, buying, posting, selling, and sharing of Traveler Content, shall also be considered part of the “Service.” Portions of the INSIDERITINERARY Service are publicly available to all visitors to the site. Other portions of the Service are available only to registered members who are Traveler-Sellers, and/or Traveler-Buyers (collectively, “Members”). By registering with INSIDERITINERARY or by using the Service in any manner – including, but not limited to, by visiting the www.insideritinerary.com website – you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both visitors and Members.

2. The Service Is For Adults Only.

The Service is intended for adults only. You must be 18 years or older to use this site; users under 18 are not authorized to use the Service.

3 .Fees, Services, Pricing, and Payments.

A. Fees.

Service Fees.  Traveler-Sellers who wish to sell their Traveler Content through the Service must join INSIDERITINARARY. Traveler-Sellers will be charged service fees on sales made through the Service.  Traveler-Buyers and Taveler Sellers pay no membership fee to join INSIDERITINERARY.

B. Pricing of Traveler Content.

Traveler-Sellers are solely responsible for setting the prices for the sale of their Traveler Content distributed through the Service for electronic materials, provided that such pricing (for items that are not offered free of charge) is not below the minimum price set by INSIDERITINERARY. The minimum price is subject to change; the then-current minimum price will be disclosed each time a Seller uploads a product for sale. Sellers are obligated to sell their Traveler Content at the minimum prices listed on the Service.

C. Agreement of Traveler-Seller to Pay Fees and Upload Traveler Content.

In consideration for the services provided by INSIDERITINERARY, you (Traveler-Seller) agree to pay INSIDERITINERARY a service fee (“Service Fee”) for all Traveler Content you sell to Traveler-Buyers through the Service, in accordance with the following: (i) Members will pay a Service Fee equal to 20% of the sale price of each item of digital Traveler Content sold.

For each transaction, INSIDERITINERARY will automatically deduct the Service Fee from the sale price collected from Traveler-Buyers through the Service, and then will distribute the remaining amounts to the Traveler-Seller as follows: (a) INSIDERITINERARY will collect payment from Traveler-Buyers at the time Traveler Content is purchased through the Service, (b) INSIDERITINERARY will notify you (the Traveler-Seller) by email of the sale once payment has been verified and collected from the Traveler-Buyer, (c) provided you are in compliance with these Terms, on a per-request basis, INSIDERITINERARY will distribute the monies due to you (as a Traveler-Seller) for the sale of your Traveler Content, in accordance with this Section 3C, provided that the Traveler-Seller has accrued a minimum of ten dollars commission. If you are in breach of these Terms, for example due to violation of the conduct provisions in Section 6 hereto, INSIDERITINERARY reserves the right, according to its sole discretion, to withhold any funds that would otherwise be due to you under these Terms, and either _keep those funds permanently_, or refund them to the Traveler-Buyers who purchased content from you.  INSIDERITINERARY reserves the right to delay payment.   INSIDERITINERARY reserves the right to add, remove or otherwise alter the payment processors used by the Service. We make no representation regarding the services provided by our payment processors, and are not responsible for delays in payment caused by them.

D. Additional Agreements and Obligations of Sellers.

By listing an item for sale, or uploading it to the Service, you (Traveler-Seller) represent and warrant to prospective Traveler-Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. You further represent and warrant that the Traveler Content, and use of the same will not infringe any right – including, but not limited to the copyright or trademark right – of any third party.

When selling digital Traveler Content, you agree that the entire product being sold must be contained within the download offered, and that no part of such digital Traveler Content will be delivered separately or require an additional purchase, for example via a third-party website or other channel.

Additionally, unless otherwise authorized, Sellers agree not to – and agree to cause their affiliates, agents, employees and contractors not to – use or disclose to any third party any order information, or other data or information regarding Traveler-Buyers or any other users of the Service, which is obtained through the Service or disclosed to Sellers by INSIDERITINERARY in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).

E. Agreement of Traveler-Buyers to Pay for Purchases.

When you (Traveler-Buyer) purchase original digital Traveler Content you will have the ability to download the materials for as long as the materials are available through the Service. We may, in our sole discretion, make original digital Traveler Content you purchase available indefinitely, but your access to such materials may be disabled if the material is removed from the Service, for example, by the original seller as a result of the original seller’s account being closed or the materials being removed in response to an intellectual property complaint. For this reason, we encourage you to download any original digital Traveler Content you may purchase, and to backup those materials accordingly. INSIDERITINERARY cannot restore access to, or provide copies of, purchased materials that have been removed from our Service.

You agree not to post your purchased files on the Internet.

You agree to pay in full for all Traveler Content purchased through the Service, and agree that INSIDERITINERARY may charge your credit card, PayPal or other account for any Traveler Content purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING INSIDERITINERARY WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES.

You agree that delivery of the Traveler Content to you does not transfer to you any commercial or promotion use rights in the Traveler Content. You agree that your use of the Service (including your purchase of Traveler Content) constitutes your acceptance of and agreement to use the Service and such Traveler Content solely in accordance with this Agreement, and that any other use of the Service or Traveler Content may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. As a condition of use, you agree not to share your purchases with others.

F. Electronic Signatures and Contracts.

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE.  In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

G. Limitations

Your direct interactions (if any) with other visitors to or Members of the Service, including the purchase of, sale of, payment for, and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. You further understand and agree that INSIDERITINERARY is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Traveler-Seller or Traveler-Buyer (or any visitor) for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other visitor’s or Member’s use or disclosure of your personally identifiable information. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR VISITOR OF THE SERVICE), INSIDERITINERARY IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE INSIDERITINERARY FROM ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales you make in connection with Service.

H. Refund Policy

All sales are final, and no refunds are available.

INSIDERITINERARY may in its sole discretion make certain exceptions to this policy on a case-by-case basis, for example if: (a) a digital file is defective; (b) a product description is materially deceptive or misleading.  If such an exception is made, INSIDERITINERARY may issue to the buyer a refund for such purchase in any manner it deems appropriate, including without limitation in the form of store credit.

As a buyer, it is your responsibility to determine that you have the appropriate hardware/software internet and service connectivity to make use of digital files, that the file format is appropriate for your needs, and that the content you are purchasing is legal and noninfringing. No refunds are available in these cases. Products removed from the Service due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund.

4. License Grants.

A. License Grants by Sellers to INSIDERITINERARY.

When you (Traveler-Seller) submit or upload content on or through the Service, you retain ownership of any copyright you claim to your submitted content. However, by making your content available through the Service you automatically grant INSIDERITINIARY a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sublicensable right to exercise any copyright, trademark rights publicity rights, and/or database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the Traveler Content available through the Service. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND/OR HAVE REMOVED YOUR TRAVELER CONTENT FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND/OR REMOVE ALL SUCH TRAVELER CONTENT, HOWEVER INSIDERITINERARY’S LICENSE TO MAKE TRAVELER CONTENT YOU HAVE SOLD PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT AVAILABLE TO MEMBERS WHO HAVE PURCHASED SUCH MATERIAL PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT SHALL SURVIVE CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT.

B. Traveler-Seller Representations and Warranties; Licenses to Other Users.

When you (Traveler-Seller) submit or upload content (including without limitation Traveler Content) on or through the Service, you represent and warrant that (a) you have all the rights and/or licenses necessary to use, reproduce, publish, publicly display, publicly perform, distribute, and otherwise exploit such content in connection with the Service, including the right to grant to others all of the rights and licenses contemplated herein; (b) the content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person or third party depicted in your content to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness through the Service. You (Traveler-Seller) retain ownership of any rights – including, but not limited to, copyrights and trademark rights – you claim to your submitted content. As such you control the copyright licenses granted to a Traveler-Buyer and it is your responsibility to give notice to Traveler-Buyers of the terms under which you offer your Traveler Content to such Traveler-Buyers.

5. Registration Obligations.

In consideration of your use of the Service, you represent that you are at least 18 years of age and are not a person barred from receiving these services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form and (b) maintain and promptly update the Member Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if INSIDERITINERARY has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, without limiting any other remedies, INSIDERITINERARY has the right to suspend or terminate your Member Account and refuse any and all current or future use of the Service (or any portion thereof). Please see our Privacy Policy for further information.

6. Member and Visitor Conduct.

As a condition of using the Service, Members and visitors agree to all of the following:

– You must be a registered Member to buy or sell Traveler Content through the Service.

– You are required to select a member identification (“Username”) and password. You are responsible for maintaining the confidentiality of your Username and password. You should not disclose your password to anyone.

– You are responsible for all activity that occurs under your Username.

– You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your Username.

– You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the Service or used to administer the rules contained in this Agreement.

Further, while using the Service, Members and visitors agree not to:

– upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

– upload, post, email, transmit, or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;

– transmit any worms or viruses, spyware, malware, or any other harmful or destructive code;

– violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);

– use the Service for any illegal or unauthorized purpose;

– impersonate any person or entity, including without limitation, an INSIDERITINERARY employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;

– transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;

– transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;

– sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person, or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships

– manipulate the price of any item or interfere with other Members’ listings including but not limited to the use of reviews and ratings.

– advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

– provide materials or any other content for download that contain viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

– disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or in any manner that otherwise negatively affects Members’ and visitors’ ability to use the Service;

– employ misleading email or IP addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;

– attempt to gain unauthorized access to INSIDERITINERARY’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;

– attempt to regain access to INSIDERITINERARY following a ban or account termination, including without limitation by means of opening or attempting to open a new account under the same or different Username;

– “stalk” or otherwise harass anyone on or through the Service;

– collect any personally identifying data about Members or visitors for commercial or unlawful purposes; or

– use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved,” and to develop, invoke, or utilize any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means you may use to access the Service.

7. Inappropriate User-Submitted Content.

INSIDERITINERARY prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) INSIDERITINERARY is not and cannot be responsible for any content, information, or materials posted by users on the Service, (ii) you may be exposed to any such materials, information, or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content. Without limitation of the foregoing, INSIDERITINERARY has the right to, but may or may not, pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, and/or similar feature on the Service, at any time for any reason, in INSIDERITINERARY’s sole discretion.

8. Links to Other Sites and Resources.

The Service contains links to other websites or resources. INSIDERITINERARY has no control over such external sites and resources. You agree that (i) INSIDERITINERARY is not responsible for the availability or accuracy of such external sites and resources, and (ii) INSIDERITINERARY does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

9. Copyright Policy

We respect the intellectual property rights of others, and we ask that our Members and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.

10. Privacy Policy

We take the privacy of our users’ and Members’ information very seriously. Our Privacy Policy is available here. By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement.

11. Indemnity

By accepting this Agreement, you agree to indemnify and hold INSIDERITINERARY and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of, or relating to (i) any product, content, information, or materials that you submit, sell, purchase, post, transmit, provide, or otherwise make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), (v) your actual or alleged infringement of any third party intellectual property or proprietary rights, or (vi) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.

12. Warranty Disclaimers

YOU AGREE THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY INSIDERITINERARY SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INSIDERITINERARY, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE, AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. INSIDERITINERARY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE SERVICE; THAT MEMBERS WILL PERFORM AS PROMISED; ABOUT THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE; ABOUT THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, DELIVERY, SECURITY, OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY TRAVELER CONTENT) LISTED FOR SALE ON THIS SERVICE; OR ABOUT ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. INSIDERITINERARY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SERVICE OR ANY PRODUCTS LISTED FOR SALE ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER’S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE 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 PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. INSIDERITINERARY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INSIDERITINERARY 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 (INCLUDING ANY SELLERS OR TRAVELER-BUYERS). 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. ADDITIONALLY, INSIDERITINERARY IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM MEMBERS DIRECTLY CONTACTING OTHER MEMBERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SERVICE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SERVICE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SERVICE.

13. Limitation of Liability

YOU AGREE THAT INSIDERITINERARY, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

14. Termination

We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Member Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member Account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

15. Miscellaneous Provisions

– Ownership of Site. With the exception of the Traveler Content, this site, the Service, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code therein (collectively, the “INSIDERITINERARY Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content is owned, controlled, or licensed by or to INSIDERITINERARY, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in this Agreement or otherwise permitted by law, no INSIDERITINERARY Content may be used, copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other person, computer, server, website, or in any other medium for any purpose, without INSIDERITINERARY’s express prior written consent.

– Entire Agreement. The Terms of Service, including INSIDERITINERARY’s Copyright Policy and Privacy Policy, which are incorporated by reference above, constitute the entire agreement between you and INSIDERITINERARY and governs your use of the Service.

– No Agency. INSIDERITINERARY is not the agent or representative of any site users (including, without limitation, any Traveler-Sellers, or Traveler-Buyers), nor does it operate under their authority for any purpose. INSIDERITINERARY is simply a service provider that offers users the technological means to communicate with each other, sell goods to each other, and buy goods from each other.

– Notices. INSIDERITINERARY may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.

– INSIDERITINERARY may change or amend these Terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.

– Future Changes in the Service. INSIDERITINERARY reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. INSIDERITINERARY will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

– Assignment. INSIDERITINERARY may assign this agreement to any successor or purchaser of INSIDERITINERARY or all or substantially all of its assets.

– Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.

– Contact Information. Please send any questions or comments, for Customer Service, or to report any violations of this Agreement, to our support team here.

Last Updated: February 2, 2018

 

Insider Itinerary
Reset Password