Terms of Service

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We appreciate you for visiting www.Tivoyageent.com.  Please read Tivoyage Entertainment LLC Terms of Service before accessing or using this site.

 

Section I:  Introduction and Overview

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This Terms of Service Agreement ("Agreement") is an agreement between you ("you" or "user") and Tivoyage Entertainment LLC ("Tivoyage", "we", or "us").  This Terms of Service Agreement governs your access and use of the website, web pages, interactive features, applications, widgets, blogs and their respective contents at www.Tivoyageent.com and other services that we own, control and make available through such online service location (the "Site" and collectively, the "Services). Your use of any Services indicates your consent and unconditional agreement to be bound by these Terms of Service and by any policies or practices contained herein (including but not limited to our Privacy Policy and Cookie Policy).  We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Privacy Policy.  You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability, dispute resolution and arbitration provisions contained in this Agreement.  If you do not read, understand or agree to be bound by all the Terms of Service, you may not access or otherwise use any of the Services.  By using the Services, you indicate you have read, understand and unconditionally accept and agree to all the terms and conditions, shall be legally bound by the terms and conditions, and shall comply thereof (henceforth Agreement).

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Tivoyage reserves the right, in our sole discretion, to revise, impose new terms and conditions or otherwise update the Terms of Service Agreement at any time with or without notice to you, and users are encouraged to review the Terms of Service Agreement periodically.  By continuing to access and use the Services after any changes to this Agreement, you are unconditionally agreeing to such revisions and new terms and conditions, if any.  In addition, there may be guidelines or policies posted for particular services or features of the Services and you shall be subject to any posted guidelines or policies.  All such guidelines or policies are hereby incorporated by reference into this Agreement.

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If you are under the age of eighteen (18) and not an emancipated minor or an adult who cannot form legally binding contracts, you represent and warrant that you have obtained the legal consent of your parent or legal guardian, who agrees to be bound by the Terms of Service on your behalf, to enter into this Agreement, grant the rights herein, submit content, participate through the Services and fulfill the obligations set forth in this Agreement.

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Section II:   Copyrights; Restrictions on Use of Materials

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You acknowledge that all materials on the Services, including the Services' designs, graphics, sounds, text, lyrics, music, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Tivoyage or its licensors or other third parties, and are subject to and protected by the United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise.  Under no circumstances will you have any rights of any kind to any of the Materials or the Services through this Agreement, other than the rights to use the Services in accordance with the Terms of Service.  All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Services, you may not copy, reproduce, duplicate, modify, license, distribute, republish, download (except were expressly authorized), perform, display, post, transmit, sell, exploit, create derivative works or otherwise use any of the Materials in any form, by any means or any purpose, without the prior written authorization of Tivoyage or the respective copyright owner. Tivoyage authorizes you to view and download the Materials only for personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not re-post without giving clear credit to Tivoyage.  You may not modify, publish, capture, perform, transmit, transfer, sell, license, reproduce, reverse engineer, upload, link, distribute, exploit or adapt the Materials in any way or otherwise use them in any way for public or commercial purposes.

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The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Services (including, but not limited to, TIVOYAGE ENTERTAINMENT; TIVOYAGE ENTERTAINMENT LLC and Design; text, photos, images, illustrations, graphics, designs, audio clips, videos, broadcast schedules, guides, promotional contests, press releases, articles, plans, recipes, reviews, information, copyrights, domain names, code, patents and/or any other form of intellectual property and any Marks associated with any products or services available on the Services) are the sole property of Tivoyage and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Tivoyage and/or licensors. In addition, some or all page headers, custom graphics, button icons and scripts are Marks of Tivoyage and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Tivoyage.  You agree not to take any actions that undermine or are inconsistent with Tivoyage's ownership of the Site, Services, Materials and Marks. We will enforce our intellectual property rights to the fullest extent of the law. 

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Section III:   User Submissions, Content and Conduct

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Tivoyage is more than happy to hear from its audience, fans, customers and users and welcomes your feedback with respect to our productions (web series, films, documentaries, television shows), content and Services.  You understand that we require that you only give feedback to those existing properties and do not submit any creative ideas, suggestions, proposals, plans or other materials.  While we may provide the opportunity to communicate content or materials to Tivoyage, including without limitation photographs, writings, music, video and/or audio recordings, computer graphics, artwork, data, questions, comments, suggestions, or personally identifiable information ("Submissions"), Tivoyage does not accept unsolicited Submissions (including ideas for web series, motion pictures, television programs, productions of any kind, websites, mobile apps, books, or any other products, services or ideas).  Morally and ethically we want to avoid the possibility of future misunderstandings when Tivoyage (or our partners) develop projects (whether internally or by third parties) which might seem to others to be similar to users’ creative ideas or materials.  To be absolutely clear, please do not make any such Submissions to Tivoyage through our Site(s). 

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If you do post or submit any unsolicited content, including copyrightable content, or ideas or other materials to the Site, all such material will be deleted, returned, or ignored, at our discretion.  You acknowledge and agree that by posting or submitting such unsolicited material, you waive any and all claims or unconditionally grant Tivoyage the rights without restrictions to use in the event that any Tivoyage created content may be similar to the content you submitted  or that any obligation whatsoever, including compensation or confidentiality, is due to you.

Where applicable at the Services, such as posting comments, you are invited to post your own content ("User Content").  You understand that you are solely responsible for all the User Content that you post.  We take no responsibility in any way and assume no liability under any circumstances for any User Content, including but not limited to, any untruthfulness, errors or omissions in any User Content, or for any losses or damages of any kind incurred as a result of the use of any User Content, posted, emailed or otherwise transmitted via the Services by you, others or any third party.  The Services are designed to be a safe place to share such User Content, notwithstanding that, Tivoyage cannot guarantee that other users will not abuse the User Content that you share. Please do not post any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, name, home address, telephone number, or other personal information), to the Services.  TIVOYAGE IS NOT RESPONSIBLE for a user's abuse or misappropriation of any User Content that you, others or third parties post to the Services.

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By posting or submitting any User Content at the Services, you hereby grant, without restrictions, Tivoyage a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, sell, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed or otherwise use in any way or for any purpose.  You explicitly waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content.  By posting or submitting any User Content on or through the Services, you represent and warrant that you have the full legal rights to provide such User Content and that use thereof by the Site, other users and third parties will not:  (1) violate any rights of any person or entity, including, but not limited to, intellectual property rights, publicity rights, contract rights or privacy rights; (2) violate any law, statue, ordinance, regulation or agreement; or (3) disclose any confidential information owned by others or any third party. You agree to be legally obligated to pay for all royalties, fees, and any other monies owing any person or any third party by reason of any User Content you posted or submitted to or through the Services.

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As part of the aforementioned grant, you agree to allow Tivoyage to post your User Content including your user name on the Services.  You acknowledge and agree that Tivoyage may preserve or store your User Content indefinitely, but has no obligation to store your User Content or make it available to you in the future.  In additional, you acknowledge and agree that Tivoyage may also disclose your User Content if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:  (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any User Content violates the rights of any person or third party; (4) or protect the rights, property, or personal safety of Tivoyage, its users and the public.  You understand that the technical processing and transmission of the Services, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

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You  acknowledge and agree to all the terms and conditions in this Agreement and further agree that all the terms and conditions applies forever and broadly with regard to Tivoyage worldwide, whereas Tivoyage reserves the right, in our sole discretion, to revise this Agreement  as set forth in Section I.  Tivoyage shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Services. TIVOYAGE SHALL BE ENTITLED TO unrestricted use of any USER CONTENT it might obtain from you at or through the Services, for any reason at all, commercial or otherwise, without payment to you as supplier of the USER CONTENT.

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You agree that you will not utilize the Services to: (1) upload, post, email or otherwise transmit any User Content that is harmful, threatening, abusive, harassing, defamatory, inflammatory, vulgar, obscene, pornographic, libelous, intrusive of another's privacy, derisive, racist, immoral, fraudulent or otherwise unlawful or objectionable (including without limitation, blasphemy toward God or Jesus, nudity and depiction of drug use); (2) harm minors in any capacity (3) slander, defame, or impersonate any individual or entity, including, but not limited to a representative of Tivoyage, or dishonestly state or otherwise misrepresent your association with a person or entity, or any deportment to mislead, deceive or defraud; (4) falsify headers or otherwise manipulate identifiers in order to disguise the source of any User Content transmitted through the Services; (5) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit or make public under any law or under contractual or fiduciary relationships (such as a business'  proprietary and confidential information learned or disclosed as part of employment or under nondisclosure agreements); (6) upload, post, email or otherwise transmit any User Content that infringes upon or violates any patent, trademark, trade secret, copyright or other proprietary rights of any party; (7) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose, or engage in any activity that may damage, disable, overburden, impair or otherwise interfere with the use of the Site; (8) upload, post, email or otherwise transmit any material that contains software viruses or any other malicious computer codes, files or programs, known or unknown, that will or may be used to interrupt, emulate, damage, destroy or limit the function of any computer software or hardware or telecommunications equipment; (9) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in the customary exchanges of communications; (10) violate, interfere with or disrupt the Services or servers or networks connected to the Services; (11) disobey any requirements, terms, procedures, policies or regulations of the Services or networks connected to the Services; (12) harass, intimidate or threaten another user; (13) access, collect, track or store any personal information or data about other Services users, or disclose another user's personal information or data to any person or third party or disclose nonusers' personal information or data to any person or third party; (14) solicit personal information or data from anyone under 18 years of age; (15)  "hack," "crack," or otherwise attempt in any way to gain unauthorized access to Tivoyage's computer system, including, but not limited to, attempts to circumvent any access control, copyright protection or security features associated with or related to the Services, collectively, any activity to gather information unlawfully; and/or (16) solicit others to perform or participate in any unlawful acts.

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This is a child friendly Site, but understand that by using the Services, you may be exposed to User Content created by others that is hateful, indecent or otherwise objectionable.  Parent or legal guardian should review the User Content and use appropriate parental discretion in deciding to grant authorization to minor children to access the Services in whole, in part or not at all.  Tivoyage does not have control over what is posted as User Content nor endorses it and nor does it reflects the opinions or policies of Tivoyage. Tivoyage does not represent or warrant, express or implied, the ethics, accuracy and reliability of the User Content or any other material or information that you may access through the Services.  Tivoyage has no obligation to monitor, edit or remove User Content that you may find objectionable, but reserves the right to do so. If Tivoyage chooses, in its sole discretion, to monitor the Services for inappropriateness of content and/or conduct, Tivoyage nonetheless assumes no responsibility for the inappropriate User Content or the inappropriate conduct and has no obligation to modify or remove any inappropriate User Content, but reserves the right to do so.  Notwithstanding the foregoing, Tivoyage and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including, but not limited to, content that violates this Agreement or is otherwise objectionable, in Tivoyage's sole discretion, and the right to terminate users' access to the Services and prohibit any further use of the Services. You acknowledge that you may not rely on any User Content and agree that you must evaluate, and bear any and all risks associated with, the use of any User Content.

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You are solely responsible for your interactions with other Services users. If a dispute arises between you and any Services user, you irrevocably and forever release Tivoyage, all its employees and associates from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.  Tivoyage reserves the right, but has no obligation, to monitor or arbitrate disputes between you and other Services users.  Tivoyage reserves the right to terminate your Services access if Tivoyage determines, in its sole discretion, that doing such is judicious and in the best interest of other users and/or Tivoyage.

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Using the Contact Us page on the Services, you may submit reviews, comments, suggestions, or other feedback, collectively "Feedback".  Any Feedback submitted to Tivoyage shall become the property of Tivoyage. Tivoyage will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, application, site, Services or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services or operations in the future. Without limitation, Tivoyage will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Tivoyage, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

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Section IV:   Linked Content; Third Party Websites

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Certain contents, products and services available on or through the Services may include materials from third parties.  We strongly encourage you to use discretion while browsing the Internet on any Tivoyage Sites.  Please be aware that when you are on a Tivoyage Site, there may be links to other sites from Tivoyage pages that are not owned or controlled by us and that take you outside of our Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, request personal information, or contain information that you may find inappropriate or objectionable.  In addition, advertisers on Tivoyage Sites may send cookies to users that we do not control.  We reserve the right to disable links from third party sites to any Tivoyage Sites.  Links on the Services to third party websites and applications are provided only as an accommodation to you.  You acknowledge you will leave Tivoyage's Services if you use these links. Your dealings with third parties initiated through links from our Services to their websites or applications are solely between you and such third parties.  You acknowledge and agree that Tivoyage and its affiliated parties will not be responsible or liable for any resources, content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk. You are warned that other websites on the Internet, including third party websites linked from the Services, might contain material or information that some people may find hateful or inappropriate; or that is inaccurate, false, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful or objectionable.  Tivoyage expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.

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Without limiting the foregoing, your correspondences or business dealings of any kind with advertisers or third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or any other transactions, are solely between you and such advertisers or third parties. You agree that Tivoyage and its affiliated parties shall not be responsible or liable for any losses or damages of any sort incurred as the result of any such dealings or transactions made in connection with any third party websites, or as the result of links on the Services to such advertisers or third party websites.

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Tivoyage is not responsible for examining or evaluating any products or services sold on or through the Services and does not warrant and will not have any liability or responsibility for any claims of quality or performance made on or through the Services.

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Please review carefully third party's policies, terms of conditions and make sure you understand them before you engage in any transactions.  Complaints, claims, concerns or questions regarding third party's products or services should be directed to the third party.

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Section V:   Disclaimer; Limitation of Liability and Indemnity

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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:  There are risks when information is transmitted electronically and your use of the Services is at your sole risk.  The Services and the materials contained herein are provided "as is" and "as available", without any representation, warranties or conditions of any kind, either express or implied.   Except as otherwise expressly provided in this agreement, Tivoyage, its affiliated companies and their respective officers, directors, employees and other representatives expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

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Except as otherwise expressly provided in this agreement, TIVOYAGE AND ITS AFFILIATED PARTIES make no warranty that: (1) the Services will meet your requirements; (2) the Services will be uninterrupted, timely, secure, or error-free; (3) the information that may be obtained from the use of the Services will be accurate, complete, reliable or current; (4) the quality of any products, services, information, or other material obtained through the Services will meet your expectations or can be used as the sole basis for making decisions; and (5) any errors in the Services will be corrected, but we reserve the rights to correct any errors.  Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system, your mobile device, loss of data or consequential damages of any kind that incur from the download of any such material.  No advice or information, whether oral or written, obtained by you from Tivoyage and its affiliated parties on or through the Services shall create any warranty not expressly stated in this agreement.

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All services and products purchased and obtained on or through the Services are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any.  To the fullest extent permissible by applicable law, TIVOYAGE AND ITS AFFILIATED PARTIES disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services (including virtual services or third party applications or subscriptions) listed or purchased on or through the Services. Without limiting the generality of the foregoing, we expressly disclaim all liability for product or service defect or failure, claims that are due to normal wear, service or product misuse, service or product abuse, service or product modification, improper service selection and noncompliance with any written directions.

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TIVOYAGE AND ITS AFFILIATED PARTIES shall not under any circumstances be liable for any losses or damages of any kind incurring in connection with or relating to the use of or inability to use the Services, including any liability (1) as a publisher of information; (2) for any incomplete or inaccurate information, (3) for any unauthorized access to or disclosure of your transmissions or data, (4) for statements or conduct of any third party on the Services, or (5) for any other matter relating to the Services or any third party website or application.  This limitation of liability applies to all damages of any kind, including any direct, indirect, punitive,  special, incidental or consequential damages (including without limitation, damages for loss of business, loss of profits, loss of revenue, loss of savings, loss of time, loss of good will, loss of use, loss of data, cost of procuring replacement goods or services or information, litigation or any similar damages), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages.  Notwithstanding the foregoing, the sole and entire maximum liability of Tivoyage and affiliated parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for the information or service purchased by you from Tivoyage on the Services.  You acknowledge and agree that if you have not paid Tivoyage any amounts for information or service prior to the date on which you first assert any claim, your sole and exclusive remedy for any dispute with Tivoyage is to stop using the Services and cancel your account.

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Some states or jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages.  In such states or jurisdictions, the above disclaimers and limitations may not apply to you and the exclusions and liability are limited to the maximum extent permitted by law. 

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You agree to indemnify, defend and hold harmless Tivoyage and its affiliated parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any and all legal fees and expenses, resulting or arising from or relating to your use of or conduct on the Services, any activity related to your account by you or any other person, any material that you submit or post or transmit through the Services, your breach of the Terms of Service Agreement or the documents it incorporates, your infringement or violation of any law or rights of another, or termination of your access to the Services.

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Section VI:  Service Usage; Termination of Usage

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You may be required to provide personal information on the Services in order to take advantage of certain features of the Services.  If you provide information on the Services, you agree to (a) provide true, current and accurate information about yourself as prompted by the Services, and (b) update such information as necessary to keep it true, current and accurate.  If Tivoyage has reasonable grounds to suspect that such information is false, outdated or inaccurate, Tivoyage has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.

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You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. You agree not to post or transmit through the Services any blasphemous language  towards God or Jesus, unlawful, infringing, threatening, harassing, defamatory, inflammatory, racist, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any moral or ethical law, applicable local, state, national or international law. You agree not to use the Services in any manner that interrupts its normal operation or any other user's use and enjoyment of the Services.

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You further agree that you will not access the Services by any means except through the interface provided by Tivoyage for access to the Services.  Creating or maintaining any link from another website or application to any page or any other means to access the Services without the prior written authorization of Tivoyage is prohibited.  Displaying or running the Services or any information or material contained on the Services in frames or through similar means on another website or application without the prior written authorization of Tivoyage is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.

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Tivoyage operates the Services from the United States and makes no representation that Materials contained on the Services or products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country.  You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Services or to any sale of goods carried out from your use of the Services.  Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not Tivoyage and its affiliated parties, are responsible for compliance with applicable local laws.

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This Agreement is effective unless and until terminated by either you or Tivoyage. You may terminate this Agreement for any reason or no reason at any time, provided that you discontinue any further use of the Services. Tivoyage also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Services, for any reason, including without limitation, if in Tivoyage's sole discretion, you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Tivoyage and its affiliated parties.  Any fees paid hereunder are non-refundable.

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Tivoyage reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice to you. Except as otherwise expressly stated in this Agreement, you agree that Tivoyage and its affiliated parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.

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You agree that Tivoyage may terminate or suspend your access to all or part of the Services, without notice, for any conduct that Tivoyage, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Tivoyage and its affiliated parties.

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Section VII:  Filtering

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Tivoyage Sites are children friendly, but please stay cautious as there may be User Content that are posted by others, as well as, links that take you outside of our Site which are beyond our control.  Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify 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 children.  Current providers of such protection is available at http://www.staysafe.org.

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Section VIII:  Applicable Law; Jurisdiction

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Tivoyage reserves the right to investigate and prosecute any suspected breaches of these Terms of Service. Tivoyage may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.  This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia of the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Virginia and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in Virginia.

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TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TIVOYAGE HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SERVICES.  IN ADDITION, NEITHER YOU NOR TIVOYAGE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.   

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You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.  The "Disclaimer; Limitation of Liability" provisions (Section V) of this Agreement are for the benefit of Tivoyage and its affiliated parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

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Section IX:  Severability

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If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law, only that provision shall be deemed severed and the validity and enforceability of any remaining provisions shall not be affected and shall be enforceable to the fullest extent permitted by law.

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Section X:  Entire Agreement

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The Terms of Service and any polices or operating rules or guidelines incorporated herein or posted by Tivoyage on this Site or in respect to the Services constitute the entire and only Agreement between Tivoyage and each user of the Services and supersedes any and all prior or contemporaneous Agreements, representations, communications, proposals, warranties and understandings, whether written or oral, between the user and Tivoyage.

The failure of Tivoyage and its affiliated parties to enforce strict adherence to the Terms of Service Agreement shall not constitute a waiver and shall not be deemed a waiver of subsequent violations, or limit the right thereafter to enforce strict adherence to this Agreement.

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Section XI:  Contact Information

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If you have any comments, questions, or complaints regarding this Agreement or the Services, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible.

 

 

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