TERMS AND CONDITIONS OF USE
TravelBattle.com, Inc. (“TravelBattle.com”) may at any time modify these terms and conditions and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use. You are responsible for regularly reviewing these terms and conditions.
2. USE OF THIS SITE
TravelBattle.com grants you a limited, non-transferable license to use this Site in accordance with the terms and conditions of this Agreement. You may only use this Site to make legitimate requests for travel related information (“Request”) and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent Request or any Request in anticipation of demand. This Site and the content provided in this Site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of TravelBattle.com, except that you may download, display and print the materials presented on this Site for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Site, in any case without the prior written permission of TravelBattle.com. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this Site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site. You agree that you will not take any action that imposes a burden or load on our infrastructure that TravelBattle.com deems in its sole discretion to be unreasonable or disproportionate to the benefits TravelBattle.com obtains from your use of the Site. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or 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 this Site.
3. INTELLECTUAL PROPERTY RIGHTS
You, the User, acknowledge that the entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of TravelBattle.com. The collective work may include works that are licensed to TravelBattle.com.
You acknowledge that all data developed and/or collected by TravelBattle.com in connection with the operation of this Site shall be the exclusive property of TravelBattle.com. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to any contents found on this Site. Nothing on this Site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on this Site, without the prior written permission of TravelBattle.com. Any rights not expressly granted herein are reserved.
Corporate Identification and Trademarks
"TravelBattle" and "TravelBattle.com" are trademarks of TravelBattle.com ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without TravelBattle.com's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. TravelBattle.com prohibits the use of Trademarks as a "hot" link on or to any other Web site unless establishment of such a link is approved by TravelBattle.com in writing in advance.
Copyright Infringement Notification
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to a Web site's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
TravelBattle.com respects the intellectual property of others, and we ask our users and visitors to do the same. TravelBattle.com will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, TravelBattle.com will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TravelBattle.com the following information. Please be advised that to be effective, the Notification must include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on this Site;
4. Your address, telephone number, and email address and all other information reasonably sufficient to permit TravelBattle.com to contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: TravelBattle.com, 496 Old State Route 74, Suite 101, Cincinnati, OH 45244, Attention: Heather Arrasmith
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING TRAVELBATTLE.COM THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
4. TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing this Site. These terms and conditions, or any of them, may be modified or terminated by TravelBattle.com without notice at any time for any reason. The provisions relating to Intellectual Property Right, Disclaimer, Limitation of Liability, Indemnification, Applicable Laws, and General, shall survive any termination.
5. USER SUBMISSIONS
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future TravelBattle.com programs. Also, please remember that you are responsible for whatever material you submit, and that you, and not TravelBattle.com, have full responsibility for any message that you send, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to us become the exclusive property of TravelBattle.com.
By sending us a message, you agree to have it along with your name posted for public viewing both here and in other TravelBattle.com promotional and advertising materials without compensation.
7. THIRD-PARTY LINKS
This Site may contain links to other Internet sites on the World Wide Web. TravelBattle.com provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that TravelBattle.com approves, or endorses or recommends that site. TravelBattle.com disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.
Although TravelBattle.com uses reasonable efforts to include accurate and up-to-date information on this Site, TravelBattle.com makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any External Sites.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRAVELBATTLE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TRAVELBATTLE.COM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM TRAVELBATTLE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRAVELBATTLE.COM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL TRAVELBATTLE.COM INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF TRAVELBATTLE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS, BROWSING, OR USE OF THIS SITE, OR THE DOWNLOADING OR USE OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM THIS SITE.
You agree to indemnify, defend, and hold harmless TravelBattle.com and any Covered Party from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions (including negligent or wrongful conduct), by you or any other person accessing this Site using your Internet account.
11. ATTORNEY’S FEES
If TravelBattle.com takes any action to enforce these terms and conditions, it will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
12. CAREER OPPORTUNITIES
Postings on this Site do not represent an offer of employment; any offer of employment must be made in person by an authorized representative of TravelBattle.com in accordance with TravelBattle.com’s hiring policies and procedures.
13. APPLICABLE LAWS
This Site is administered by TravelBattle.com from its offices in Cincinnati, Ohio, United States of America and is intended for use by residents of the United States of America only. Your use of this Site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions. You consent and submit to the exclusive jurisdiction of the state or federal courts located in Hamilton County, the state of Ohio, in any legal proceeding directly or indirectly arising out of or relating to this Site. TravelBattle.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TravelBattle.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
TravelBattle.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside the United States of America do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Ohio.
These Terms and Conditions and those found in the TravelBattle.com Privacy Statement set forth the entire understanding and agreement between you and TravelBattle.com with respect to this Site. You acknowledge that any other agreements between you and TravelBattle.com with respect to this Site are superseded and of no force or effect. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.