VirtualTourist Website Terms, Conditions and Notices 10/1/2009
Welcome to the VirtualTourist.com website (the ?Website?). This Website is provided solely to assist customers in gathering and sharing travel information, posting opinions of travel related issues, engaging in interactive travel forums, posting recommendations and tips, and posting photos and videos and for no other purpose. The terms "we", "us", "our", "VirtualTourist" and "VT" refer to VirtualTourist.com Inc., a California corporation and/or our subsidiaries. The term "you" refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement, just as if you had signed this agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
WE WELCOME PEOPLE TO BECOME MEMBERS
VirtualTourist welcomes members to describe their travel experiences, upload content and share their travel experiences through our chat rooms, discussion forums, and e-mail accounts. We have the most personalized and interactive community on the Internet thanks to our outstanding members. We believe that the only way to maintain our quality membership is to keep our members informed about the policies of VirtualTourist.
WE VALUE FREEDOM OF EXPRESSION BUT WE DO NOT GUARANTEE FREE SPEECH
VT values freedom of expression on our site but we do not guarantee the right to free speech. We believe our community will thrive when there is freedom to present what you want, but not at the expense of others.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a VirtualTourist.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our website. VirtualTourist does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
CHILD ONLINE PROTECTION ACT NOTIFICATIONS
Pursuant to 47 U.S.C. Section 230(d), as amended, VT hereby notifies you that parental control protections (such as computer hardware, software, or filtering Services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, located at:
and at the America Links Up website, located at: http://www.netparents.org/parentstips/browsers.html
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) deep-link to any portion of this Website for any purpose without our express written permission;
(vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by VirtualTourist in connection with the Website or the services;
(viii) resell, redistribute, broadcast,transfer or use the information or content in a searchable, machine-readable database;
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, questions, comments, photos, videos, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant VirtualTourist and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that VirtualTourist may choose to provide attribution of your comments or reviews at our discretion. You further grant VirtualTourist the right to pursue at law any person or entity that violates your or VirtualTourist's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If VirtualTourist provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, data, information, text, music, sound, photos, videos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent (including nudity), lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over);
c. Content that would constitute, encourage or provide instructions for a criminal offense (in particular, hacking, cracking or phreaking), violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
d. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; including "WAREZ" (copyrighted software that is distributed illegally) and "mp3" files;
e. Content that impersonates any person or entity or otherwise misrepresents or falsely states your affiliation with a person or entity, including VirtualTourist;
f. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
g. Solicitation for other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
h. Commentary of a purely political or religious nature or designed to further ones political or religious view over another;
i. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
j. Viruses, corrupted data or other harmful, disruptive or destructive files;
k. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
l. Content or links to content that, in the sole judgment of VirtualTourist, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose VirtualTourist or its affiliates or its users to any harm or liability of any type.
VirtualTourist takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is VirtualTourist liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, VirtualTourist is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although VirtualTourist has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, VirtualTourist reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by VirtualTourist or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release VirtualTourist, and its licensees, successors and assigns, from any claims that you could otherwise assert against VirtualTourist by virtue of any such moral rights.
We require that our logo and the banner advertisements of our sponsors are displayed throughout the website and our Members do not share in any revenue which may be derived from such advertisements.
VirtualTourist provides members with free web space for their travel pages. "Free Web Space," as defined by VirtualTourist, is comprised of hypertext markup language (html) and associated files, intended solely for the audio/visual presentation of TRAVEL RELATED CONTENT on the members' Travel Pages. The spirit of Free Web Space is specifically not intended as a storage facility for members' personal digital files. Using it as such is a violation of this User Agreement. Also please note that images are only saved for the purposes of display on VirtualTourist, not for storage or other purposes. Members cannot assume that VirtualTourist will preserve the specific content, or the quality or resolution of any picture uploaded to VirtualTourist. VirtualTourist encourages our Members to post images from their travels. VirtualTourist may not allow certain individual image images to be uploaded to our members' Travel Pages if they are extremely large.
EMAIL AND PROFILE INFORMATION
VT uses e-mail to inform you of the status of your Travel Page, new membership benefits and features, to let you know of urgent problems on our site, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our community. We use reasonable efforts to keep these messages to a minimum. If you elect not to receive our e-mail messages by removing yourself from our mailing list, you forfeit ALL of your VirtualTourist membership benefits including any and all free services that VT offers including, but not limited to, the VirtualTourist Travel Page hosting service.
INVESTIGATION OF COMPLAINTS
We reserve the right to monitor and to investigate any complaints regarding any Content of VT members' pages, message-board postings, or any chat room statements and to take the appropriate action if VT finds any violation of this User Agreement. Accordingly, you agree that VT will have the right to access your site at any time, without advance notice. If access to your site is restricted, whether by password or otherwise, you agree to provide VT with whatever information is required to access your site. In the case of any such complaint, VT reserves the right to remove the Content complained of while the VT member and the complaining party attempt to resolve their dispute. VT is the final arbiter of what IS and IS NOT allowed on our site. Further, VT reserves the right to modify or remove anything submitted to VT, and to cancel any membership, at any time for any reason without prior notice. VT is not obliged to maintain back-up copies of any material submitted or posted on our site.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. VirtualTourist urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, VIRTUALTOURIST DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. VIRTUALTOURIST, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, VIRTUALTOURIST COMPANIES) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO ANY CONTENT APPEARING ON THIS WEBSITE OR THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR, PACKAGE AND ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.)
VIRTUALTOURIST COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY VIRTUALTOURIST. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE VIRTUALTOURIST COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE VIRTUALTOURIST, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE VIRTUALTOURIST COMPANIES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL THE VIRTUALTOURIST COMPANIES, THEIR PARTNERS (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF VIRTUALTOURIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of VirtualTourist and its corporate affiliates and parent companies.
You agree to defend and indemnify the VirtualTourist Companies and any of their officers, directors, employees and agents from and against any claims, causes of action, suits or proceedings, demands, recoveries, losses, liabilities, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of this Website.
(iv) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Services; (c) any non-compliance by you with the terms and conditions of this User Agreement; and (d) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Services, including the information obtained through the Services.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than VirtualTourist. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on VirtualTourist to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
SOFTWARE AVAILABLE ON THIS WEBSITE
Unless otherwise specified, the materials on the Website are presented solely to provide information regarding and to promote VirtualTourist's services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The VirtualTourist Websites are controlled and operated by VirtualTourist from its offices in the state of California in the United States. VirtualTourist makes no representation that materials on the VirtualTourist Websites are appropriate or available for use outside the United States. Those who choose to access the VirtualTourist Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the VirtualTourist Websites is further subject to United States export controls. No software from the VirtualTourist Websites may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the VirtualTourist Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the VirtualTourist Websites ("Software") is the copyrighted work of VirtualTourist, or VirtualTourist Affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned or licensed by VirtualTourist, and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but VirtualTourist, and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: (c) 2011 VirtualTourist.com Inc. All rights reserved. VirtualTourist is not responsible for content on websites operated by parties other than VirtualTourist. VIRTUALTOURIST, and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of VirtualTourist, LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of VirtualTourist or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of VirtualTourist and may not be copied, imitated or used, in whole or in part, without the prior written permission of VirtualTourist. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by VirtualTourist.
Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of either your brand or our brand, please let us know by following the Copyright Complaint Policy and by e-mailing us at [email protected] We only address messages concerning brand infringement at this email address.
COPYRIGHT COMPLAINT POLICY
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Virtual Tourist that your copyrighted material has been infringed.
Please provide the following information in the following format (including Section Numbers):
Â Â 1. A clear identification of the copyrighted work you claim was infringed.
Â Â 2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
Â Â 3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
Â Â 4. Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
Â Â 5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
Â Â 6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this website should be emailed or mailed to Virtual Tourist?s Copyright Agent:
Â Â Â * TripAdvisor LLC., Attn: Legal Department, 141 Needham Street, Newton, MA 02464
Â Â Â * [email protected]
Â Â Â * Phone Number: 617-670-6544
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Virtual Tourist has adopted a policy of terminating, in appropriate circumstances and at Virtual Tourist's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Virtual Tourist may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in California, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against VirtualTourist, arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in the state of California. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this User Agreement. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and the VirtualTourist Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and VirtualTourist with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and VirtualTourist with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
The headings used in this Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this Agreement or any provision hereof.
Any rights not expressly granted herein are reserved.
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