TERMS AND CONDITIONS OF USE OF THIS WEB SITE
READ THESE TERMS AND CONDITIONS OF USE (“Agreement”) CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT. If you do not accept this Agreement, do not use this web site or any product, service, or information on this web site (“Web Site”). This Agreement may be amended at the sole discretion of the OpenTravel Alliance (“OpenTravel”) at any time with or without notice to you, and by continuing to use the Web Site, you expressly agree to be bound by such amendments. This Agreement applies exclusively to your access and use of the Web Site and does not amend or supercede in any way the terms or conditions of any other agreement you may have with OpenTravel.
1. License Grant.
OpenTravel grants to you a worldwide, non-exclusive and non-transferable license to use the Web Site. You may download, view, copy and print from the Web Site solely for your own use, but you may not transfer to, share with, or disseminate any portion of the Web Site to any one for any purpose that is inconsistent with the business purpose of the Web Site.
2. Use Restriction.
You agree not to post or transmit any information through the Web Site which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (3) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, or (4) which is used to unlawfully collude against another person in restraint of trade and competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Web Site.
3. Submissions.
You grant to OpenTravel a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display, and otherwise commercially exploit the content, information, ideas, and concepts (in whole or in part), and to incorporate the same in other works in any form, media, or technology now known or later developed, any information or other materials that you submit to OpenTravel through the Web Site or otherwise. You warrant to OpenTravel (and OpenTravel relies on this warranty) that you have the right to grant this license to OpenTravel.
4. Consent to Collect, Process and Transfer Personal Data.
You understand and agree that OpenTravel may use, collect, process, or transfer personal data about you and your use of the Web Site. Such personal data includes, without limitation, registration information that you provide and data collected, processed, or submitted as part of your use of the Web Site. You understand and agree that, with respect to personal data, you may not access such information in the future; correct inaccuracies, if any; erase or cause removal of such information; or block use, collection, processing, or transfer of such information. In no event shall OpenTravel be liable to you or others for OpenTravel’s use, collection, processing, or transfer of personal data.
5. Use of Cookies.
The Web Site may use “cookies” in connection with its operation. Cookies are small pieces of information that are stored on your computer by OpenTravel (passing through your Netscape Navigator® or Internet Explorer™ browser). Cookies are used for record-keeping purposes, personalization, monitoring, automating access and data-entry functions, and tailoring the appearance and presentation of the Web Site. For more information on cookies, you may review the following Internet address: http://www.cookiecentral.com/faq.htm.
6. Copyright, Patent and Trademark Notice.
All rights reserved. The Web Site is the valuable, exclusive property of OpenTravel or its licensors and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Web Site is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as expressly permitted in this Agreement, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without OpenTravel's prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Web Site. OpenTravel, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of OpenTravel. All other product names and company logos mentioned on the Web Site are trademarks of their respective owners. Any OpenTravel software, including any files, images incorporated in or generated by and data accompanying such software, that may be made available for download through the Web Site shall be governed by the applicable user license agreement included with or accompanied by such software, and you agree to be bound by such agreement.
7. Disclaimer.
THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS, SERVICES, AND INFORMATION PROVIDED THROUGH OR THEREIN, IS PROVIDED “AS IS” WITH ALL FAULTS. OpenTravel DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY.
OpenTravel make no claims that the use the Web Site or the materials contained in, or accessed through, Web Site may be lawfully viewed or downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with all applicable laws.
8. Limitation of Liability.
YOU ASSUME ALL RISK IN DOWNLOADING FROM AND USING THE WEBSITE. IN NO EVENT WILL OpenTravel BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING LOSS OF USE, DATA OR PROFITS), WHETHER SUCH ACTION IS BASED IN CONTRACT, TORT, STATUTE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE MAY NOT APPLY TO YOU. In no event shall OpenTravel liability to you exceed the total amount that you paid to OpenTravel for access to and use of the Web Site.
9. Indemnity.
You agree to defend, indemnify, hold harmless, and release OpenTravel and its officers, directors, employees, affiliates, suppliers, staff, and agents, from and against any losses, costs, claims, expenses, damages, causes of action or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Web Site or your breach of this Agreement, even if due in whole or in part in whole or in part, by the joint, sole, or concurrent negligence, willful misconduct, strict liability or other fault, whether passive or active, of any person or entity, including any of the indemnified parties.
10. Governing Law; Limitations; Venue.
This Agreement shall be governed by the laws of the State of Virginia, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action that you could assert that arises from or relates to your access and use of the Web Site contemplated by this Agreement must be instituted within six (6) months from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in the State of Virginia, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Virginia as your agent for service of process.
11. Severability.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.
12. U.S. Government Restricted Rights.
The Web Site is provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of OpenTravel’ proprietary rights in them.
You acknowledges that the Documentation may be subject to United States export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Documentation, including the United States Export Administration laws and regulations, the United States Patriot Act, as well as end-user, end-use, and destination restrictions under United States or other governmental laws.
13. Notice and Procedure for Copyright Infringement Claim.
OpenTravel, pursuant to 17 U.S.C. Section 512, OpenTravel has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. OpenTravel designated agent to receive notification of claimed infringement is:
_________________: -inquiries@_______________.com
_____________________________
_____________________________
_____________________________
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the Company-designated agent, listed above, and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for other types of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.
D. Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and/or electronic mail address.
E.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
14. Assignments.
You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of OpenTravel.
15. Entire Agreement.
This Agreement is complete and effective at the time you agree to it by accessing or using the Web Site. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and OpenTravel related to the subject matter hereof.