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Terms and Conditions
General
1. This agreement (the "Agreement") sets
forth the terms and conditions relating to your
use of the services provided by TravelBlogger.net.
TravelBlogger.net, is a trade name of SiK Media
Inc. and are herein collectively referred to as
"TravelBlogger.net." You further agree
and acknowledge that each and every reference herein
to "TravelBlogger.net" shall be read as
a reference to SiK Media Inc.
2. To complete the subscription process, you must
acknowledge that you have read, understood, and
agree to be bound by the terms and conditions of
this Agreement, and any rules or policies that are
or may be published by TravelBlogger.net from time
to time. This Agreement will become effective upon
acceptance of your subscription by TravelBlogger.net
and shall apply to all TravelBlogger.net products
and services, whether paid or unpaid, which you
may elect to subscribe for or purchase from time
to time.
3. TravelBlogger.net may at its sole discretion,
elect to accept or reject any application for subscription
for a TravelBlogger.net Website .
4. TravelBlogger.net, through the TravelBlogger.net
System (tm U.S. Patent Pending), currently provides
users with rights ("Rights") to access
a collection of on-line features as set out herein
(the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance
the current Service, including the release of new
TravelBlogger.net resources, shall be subject to
these terms of service.
5. In order to use the Service, you must obtain
access to the World Wide Web, either directly or
through devices that access web-based content, and
pay any service fees which may be associated with
such access. In addition, you must provide or have
access to all equipment necessary to make such connection
to the World Wide Web, including a computer and
modem or other access device.
6. The Service is offered for subscription and sale
both at TravelBlogger.net's web site and elsewhere
by affiliates of TravelBlogger.net. In certain cases
TravelBlogger.net Websites have the appearance of
the affiliates or otherwise different from the appearance
of TravelBlogger.net Websites offered directly from
TravelBlogger.net's web site, and may not use the
TravelBlogger.net name. All Rights created through
the System are herein referred to as "TravelBlogger.net
Websites" regardless of their appearance and
whether they are offered for subscription and/or
sale under the name TravelBlogger.net or under another
name, and regardless of where the Rights were originally
offered for subscription and/or sale.
Subscription
7. Subscription to TravelBlogger.net may include
a free TravelBlogger.net Website. Free TravelBlogger.net
Websites have short duration and are primarily intended
to serve as a demonstration of the capacity of the
TravelBlogger.net System in the event a paid website
is subscribed for. Free TravelBlogger.net Websites
have certain features restricted.
8. A paid TravelBlogger.net Website can be subscribed
for at a fee to be fixed by TravelBlogger.net from
time to time. They require that a subscription fee
be paid using an approved credit card at the point
of subscription.
9. The availability, terms and subscription price
of Rights are subject to change from time to time
without notice to existing subscribers upon those
Rights being posted on the TravelBlogger.net website.
TravelBlogger.net's Service and proprietary
rights
10. You agree not to reproduce, duplicate, copy,
sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service.
11. You acknowledge and agree that the Service and
any necessary software used in connection with the
Service ("Software") contain proprietary
and confidential information that is protected by
applicable intellectual property and other laws.
You further acknowledge and agree that Content (as
hereinafter defined) contained in sponsor advertisements
or information presented to you through the Service
or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights
and laws. Except as expressly authorized by TravelBlogger.net
or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or
in part.
12. TravelBlogger.net grants you a personal, non-transferable
and non-exclusive right and license to use the object
code of its Software in connection with your TravelBlogger.net
Website; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not
to modify the Software in any manner or form, or
to use modified versions of the Software, including
(without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not
to access the Service by any means other than through
the interface that is provided by TravelBlogger.net
for use in accessing the Service.
Fees
13. In consideration of TravelBlogger.net providing
services to you (other than no-fee services), you
agree to pay TravelBlogger.net, prior to the subscription
being accepted, the amounts set forth in the TravelBlogger.net
pricing schedule, as amended from time to time,
for the initial subscription and for subsequent
upgrades and renewals. Your subscription application
will not be accepted until TravelBlogger.net receives
actual payment of the subscription fee. If TravelBlogger.net
does issue a TravelBlogger.net Website prior to
payment of the subscription fee, TravelBlogger.net
reserves the right to cancel that subscription or
restrict use of the relevant TravelBlogger.net Website
until payment has been received. All fees must be
prepaid and are non-refundable, in whole or in part,
even if the subscription is subsequently suspended,
cancelled or transferred prior to the end of the
subscription term.
14. Payment must be made by credit card or other
methods we indicate in registration application
or renewal form. We will upgrade or extend your
subscription provided your credit card or other
billing information is available and up to date.
If your billing information is not accurate and
you wish to upgrade or extend your TravelBlogger.net
Website, you will have to provide us with updated
and acceptable billing information before we can
consider your application for upgrade or extension
of your subscription.
Registration obligations
15. In consideration of use of the
Service, you agree to: (a) provide true, accurate,
current and complete information about yourself
as prompted by the Service's registration form (such
information being the "Registration Data")
and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate,
not current or incomplete, or TravelBlogger.net
has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete,
TravelBlogger.net has the right to suspend or terminate
your account and refuse any and all current or future
use of the Service (or any portion thereof). You
also understand and agree that the Service may include
certain communications from TravelBlogger.net, such
as service announcements and administrative messages,
and that these communications are considered part
of TravelBlogger.net membership and that, at TravelBlogger.net's
discretion, you may not be able to opt out of receiving
them.
Privacy Policy
17. Pursuant to TravelBlogger.net's privacy policy,
we may disclose to third parties certain aggregate
information contained in your Registration Data
or related data, provided that, such information
will NOT include personally identifying information,
except as specifically authorized by you or in the
good faith belief that such action is reasonably
necessary to comply with the law, legal process,
to enforce this Agreement, or under any of the other
circumstances set forth in our privacy policy, as
may be amended from time to time. For more information,
please see our full privacy policy.
Content
18. You understand that all information, data,
text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"),
whether publicly posted or privately transmitted,
are the sole responsibility of the person from which
such Content originated. This means that you, and
not TravelBlogger.net, are entirely responsible
for all Content that you upload, post or otherwise
transmit via the Service.
19. TravelBlogger.net does not claim ownership over
the Content you place on your TravelBlogger.net
Website.
20. You acknowledge that TravelBlogger.net does
not pre-screen Content, but that TravelBlogger.net
and its designees shall have the right (but not
the obligation) in their sole discretion to refuse,
or to remove, any Content that is available via
the Service. Without limiting the foregoing, TravelBlogger.net
and its designees shall have the right to remove
any Content that violates this Agreement or is otherwise
objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any
Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
21. TravelBlogger.net does not control the Content
posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content.
22. You understand that you have the option to keep
confidential from the public all Content which you
may elect to post on your TravelBlogger.net Website,
by requiring a password ("Visitor Access Password")
to be entered by visitors to your TravelBlogger.net
Website before your Content can be viewed. You understand
and acknowledge that all persons to whom you circulate
your Visitor Access Password will have unfettered
access to your Content, and that in the event unintended
persons acquire your Visitor Access Password, from
whatever source, or after repeated attempts are
able to enter your Visitor Access Password, such
persons as well will have unfettered access to your
Content. You understand that your Content is not
protected by Internet-protocol secure server technology
and is therefore inherently vulnerable to being
accessed by unintended persons. You agree to therefore
exercise caution not to post Content on your TravelBlogger.net
Website which is of so personal or sensitive a nature
that, if accessed by unintended persons, would cause
you harm, loss or damage.
23. You further understand and agree that in the
event you do not elect to require a Visitor Access
Password to be entered by visitors to your TravelBlogger.net
Website from time to time, that members of the public
generally will have the ability to search for and
gain access to your Content. You agree to therefore
exercise caution not to post Content on your TravelBlogger.net
Website which is of so personal or sensitive a nature
that, if accessed by members of the public, would
cause you harm, loss or damage.
24. You further acknowledge and agree that your
TravelBlogger.net Website may have been created
by you after following a link from one of TravelBlogger.net's
affiliates who refer customers to our web site ("Affiliates")
or by use of a promotional code that is particular
to one of our Affiliates.
25. You further acknowledge and agree that certain
of TravelBlogger.net's Affiliates ("White-Label
Affiliates") have entered into agreements that
enable them to offer certain customers the opportunity
to create TravelBlogger.net Websites in our System
which have a different "look and feel"
from that which their TravelBlogger.net Websites
would have if created without following such a link
onto the System or entering such a promotional code.
You further acknowledge and agree that, regardless
of whether you have followed such a link or entered
such a promotional code, and regardless of whether
your TravelBlogger.net Website was created with
the "look and feel" of a White-Label Affiliate
your TravelBlogger.net Website may be accessed by
persons initiating searches from the web sites of
our White Label Affiliates, and further, that in
certain circumstances your TravelBlogger.net Website
may take on a "look and feel" of one of
our White-Label Affiliates.
User Conduct
26. You agree to not use the Service to:
1. Upload, post or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
2. Access or attempt to access the editor functions
on TravelBlogger.net Websites of other users of
the Service unless you have been given express written
consent by such user to do so;
3. Access or attempt to access other users' TravelBlogger.net
Websites which such users have elected to designate
as password-protected ("Private TravelBlogger.net
Websites") unless you have been given express
written consent by such user to do so;
4. Download, attempt to download, the Private TravelBlogger.net
Website of another user, unless you have been given
express written consent by such user to do so;
5. Upload, post or otherwise transmit any Content
on, or otherwise tamper with or change, or attempt
to tamper with or change, TravelBlogger.net Websites
on which you are not the subscribing user, unless
you have been given express written consent by such
user to do so;
6. Harm minors in any way;
7. Impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation
with a person or entity;
8. Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service;
9. Upload, post or otherwise transmit any Content
that you do not have a legal right to transmit or
that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
10. Upload, post or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain
letters," "pyramid schemes," or any
other form of solicitation;
11. Transmit notices that you have updated your
TravelBlogger.net Website ("Update notices")
to, or enter into our system the names and email
addresses of, persons who do not qualify as 'Friends'.
From such person to qualify as a 'Friend', two conditions
must be met: (a) you must have a personal relationship
with that person or have received express permission
from him or her to send 'Update Notices' to him
or her; AND (b) that person must not have asked
you or us not to receive further Update Notices
from you;
12. Upload, post or otherwise transmit any material
that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software
or hardware or telecommunications equipment;
13. Disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users
of the Service are able to type, or otherwise act
in a manner that negatively affects other users'
ability to engage in real time exchanges;
14. Interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations
of networks connected to the Service;
15. Intentionally or unintentionally violate any
applicable local, provincial, state, national or
international law;
16. "stalk" or otherwise harass another;
17. Collect or store personal data about other users;
18. Promote or provide instructional information
about illegal activities, promote physical harm
or injury against, or hatred toward, any group or
individual, or promote any act of cruelty to animals;
19. Use your TravelBlogger.net Website as storage
for remote loading or as a door or signpost to another
web page, whether inside or beyond TravelBlogger.net;
or
20. Engage in commercial activities without enrolling
in TravelBlogger.net-approved programs or otherwise
without the express written consent of TravelBlogger.net.
This includes, but is not limited to, the following
activities:
1. Offering for sale any products or services;
2. Soliciting for advertisers or sponsors;
3. Conducting raffles or contests that require any
type of entry fee;
4. Displaying a sponsorship banner of any kind,
with the sole exceptions of banners expressly authorized
by TravelBlogger.net; and
5. Displaying banners for services that provide
cash or cash-equivalent prizes to users in exchange
for hyperlinks to their web sites;
6. Build or attempt to build a link or hyperlink
from your TravelBlogger.net Website to a web page
outside of your TravelBlogger.net Website.
Contact with TravelBlogger.net
27. You acknowledge and recognize that all contact
with TravelBlogger.net in the first instance should
be made via the online forms available on our web
site or via our postal address. You agree that TravelBlogger.net
is not obliged to offer telephone support as part
of your agreement.
DISCLAIMER OF WARRANTIES AND LIMITATIONS
OF LIABILITY
28. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. TRAVELBLOGGER.NET
(INCLUDING, FOR GREATER CERTAINTY, ITS JOINT VENTURE
PARTNER, SIK MEDIA INC.) EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
2. TRAVELBLOGGER.NET (INCLUDING, FOR GREATER CERTAINTY,
ITS JOINT VENTURE PARTNER) MAKES NO WARRANTY THAT
(I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL;
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM TRAVELBLOGGER.NET OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS AGREEMENT.
29. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRAVELBLOGGER.NET
(INCLUDING, FOR GREATER CERTAINTY, ITS JOINT VENTURE
PARTNERS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF TRAVELBLOGGER.NET HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(I) THE USE OR THE INABILITY TO 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; WHETHER
WITHIN OR OUTSIDE THE CONTROL OF TRAVELBLOGGER.NET
AND WHETHER OR NOT ATTRIBUTABLE TO THE NEGLIGENCE
OF TRAVELBLOGGER.NET AND ITS OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS.
30. IN PARTICULAR, AND WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, YOU AGREE THAT TRAVELBLOGGER.NET
SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN
IF TRAVELBLOGGER.NET HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND IN PARTICULAR (WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING) TRAVELBLOGGER.NET
WILL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING FROM
THE FOLLOWING:
1. SUSPENSION OR LOSS OF YOUR BASIC RIGHTS OR
ADDITIONAL RIGHTS;
2. INTERRUPTION OF YOUR TRIP OR BUSINESS ACTIVITIES;
3. ACCESS DELAYS OR INTERRUPTIONS TO ANY WEB SITES
ACCESSED BY YOU OR BY PERSONS ATTEMPTING TO ACCESS
YOUR TRAVELBLOGGER.NET Website;
4. ACCESS NON-DELIVERY, MISDELIVERY, CORRUPTION,
DESTRUCTION, OR MODIFICATION OF DATA;
5. ACCESS TO A TRAVELBLOGGER.NET Website WHICH
YOU HAVE ELECTED TO DESIGNATE AS PRIVATE, IN ANY
MANNER BY A PERSON WHO WAS NOT INTENDED TO GAIN
ACCESS THERETO.
WHETHER WITHIN OR BEYOND THE REASONABLE CONTROL
OF TRAVELBLOGGER.NET AND WHETHER OR NOT ATTRIBUTABLE
TO THE NEGLIGENCE OF TRAVELBLOGGER.NET, ITS OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS.
31. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE
FOREGOING SECTIONS MAY NOT APPLY TO YOU.
32. IN THE EVENT AND TO THE EXTENT THAT THE AFORESAID
LIMITATIONS OR EXCLUSIONS OF LIABILITY MAY NOT APPLY,
TRAVELBLOGGER.NET'S (INCLUDING, FOR GREATER CERTAINTY
ITS JOINT VENTURE PARTNERS') MAXIMUM AGGREGATE LIABILITY
SHALL NOT EXCEED THE GREATER OF:
1. THE TOTAL AMOUNT PAID BY YOU FOR YOUR SUBSCRIPTION
TO THE RELEVANT TRAVELBLOGGER.NET Website, INCLUDING
ANY UPGRADES AND EXTENSIONS THEREOF; AND
2. US$20.00.
Indemnity
33. You agree to indemnify and hold TravelBlogger.net
and its affiliates, officers, agents, co-branders
or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising
out of your Content, your use of the Service, your
connection to the Service, your violation of this
Agreement, or your violation of any rights of another.
Modifications, limitations on usage and termination
of Service
34. You acknowledge that TravelBlogger.net may
establish general practices and limits concerning
use of the Service, and that these practices may
vary from time to time without notice being given
to users of TravelBlogger.net Websites. At the present
time, TravelBlogger.net does not limit the number
of journal text entries which may be posted by subscribers
to paid TravelBlogger.net Websites. Members with
a free account will be granted 5 MB of storage space,
while a Premium account member will have 15 MB.
These allowances are subject to the concept of normal
use by travelers in the ordinary course of their
travels. We reserve the right to impose limitations
on the numbers of journal text entries posted or
the numbers of photos uploaded to or saved as part
of TravelBlogger.net Premium Websites in the event
that we, in our sole and unfettered discretion,
determine that such data are not being posted and
uploaded in the course of normal use by travelers
in the ordinary course of their travels. In particular,
and without limiting the generality of the foregoing,
you will be considered to be posting journal text
entries, uploading photos or transmitting data other
than in the ordinary course of travels in any of
the following circumstances:
1. In the course of a commercial enterprise;
2. If you do not have a legal right to transmit
such data or in circumstances that infringes any
patent, trademark, trade secret, copyright or
other proprietary rights of any party;
3. As part of any unsolicited or unauthorized
advertising, promotional materials, "junk
mail," "spam," "chain letters,"
"pyramid schemes," or any other form
of solicitation;
4. If the material or data contains software viruses
or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
5. Where the material or data disrupts the normal
flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able
to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real
time exchanges;
6. Where the material or data interferes with
or disrupts the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks
connected to the Service;
7. If you attempt to collect or store personal
data about other users;
8. If you are using the Service solely or primarily
from a fixed location;
9. If you use your TravelBlogger.net Website as
storage for remote loading or as a door or signpost
to another web page, whether inside or beyond
TravelBlogger.net.
35. TravelBlogger.net reserves the right at any
time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree
that TravelBlogger.net shall not be liable to you
or to any third party for any modification, suspension
or discontinuance of the Service.
36. You agree that TravelBlogger.net, in its sole
discretion, may terminate your password, TravelBlogger.net
Website, use of the Service or use of any other
TravelBlogger.net or TravelBlogger.net service,
and remove and discard any Content within the Service,
for any reason, including, without limitation, if
TravelBlogger.net believes that you have violated
or acted inconsistently with the letter or spirit
of this Agreement. TravelBlogger.net may also in
its sole discretion and at any time discontinue
providing the Service, or any part thereof, with
or without notice. You agree that any termination
of your access to the Service under any provision
of this Agreement may be effected without prior
notice, and acknowledge and agree that TravelBlogger.net
may immediately deactivate or delete your TravelBlogger.net
Website and all related information and files in
your TravelBlogger.net Website and account and/or
bar any further access to such files or the Service.
Further, you agree that TravelBlogger.net shall
not be liable to you or any third-party for any
termination of your access to the Service.
Advertisements, promotions and links
38. TravelBlogger.net may run advertisements and
promotions through the TravelBlogger.net System.
The manner, mode and extent of advertising by TravelBlogger.net
is subject to change. Your correspondence or business
dealings with, or participation in promotions of,
advertisers found on or through the Service, including
payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between
you and such advertiser. You agree that TravelBlogger.net
shall not be responsible or liable for any loss
or damage of any sort incurred as the result of
any such dealings or as the result of the presence
of such advertisers on the TravelBlogger.net System.
39. The Service may provide, or third parties may
provide, links to other web sites or resources.
Because TravelBlogger.net has no control over such
sites and resources, you acknowledge and agree that
TravelBlogger.net is not responsible for the availability
of such external sites or resources, and does not
endorse and is not responsible or liable for any
Content, advertising, products, or other materials
on or available from such sites or resources. You
further acknowledge and agree that TravelBlogger.net
shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or
reliance on any such Content, goods or services
available on or through any such site or resource.
Changes to this Agreement
40. You acknowledge that TravelBlogger.net's business
is an evolving one and that TravelBlogger.net may
modify this Agreement as TravelBlogger.net, in its
sole discretion, considers necessary or advisable
from time to time. Your continued use of your TravelBlogger.net
Website(s) constitutes acceptance of this Agreement
and all amendments. If at any time, you do not agree
to such changes, you agree that your sole remedy
is to request that your TravelBlogger.net Website
be discontinued.
Miscellaneous
41. This agreement and the relationship between
you and TravelBlogger.net shall be governed by the
laws of the Province of British Columbia, Canada.
You and TravelBlogger.net agree to submit to the
exclusive jurisdiction of the courts of British
Columbia in respect of any matters arising from
or relating to this Agreement or a TravelBlogger.net
Website. The failure of TravelBlogger.net to exercise
or enforce any right or provision of this Agreement
shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a
court of competent jurisdiction to be invalid, the
parties nevertheless agree that the balance of terms
herein contained shall have full force and effect.
42. The section titles and headings contained in
this Agreement are for convenience only and have
no legal or contractual effect.
43. You agree that TravelBlogger.net may assign
this Agreement at any time to any person without
obtaining your prior consent. Your subscription
for a TravelBlogger.net Website constitutes your
acceptance of any assignment of this Agreement by
TravelBlogger.net and your agreement to deal with
all of TravelBlogger.net's successors and assigns
as if they were primary contracting party hereunder.
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