Last modified: 26 October 2016
1. This Terms of Service Agreement (the "Agreement") governs your("you" or "user") access to or use of our website,available at http://travel-peaks.com/ (the "Service").
4. You may not use or access the Service if you are not of legal age to enterthis Agreement, or if you are legally unable, under any applicable laws orregulations in the country in which you are resident or from which you use theService, to enter into his Agreement. By accessing or using the Service yourepresent that you have reached the age of legal age and that you are legallyable to enter into this agreement.
5. Our Service allows you to post commentary, share your opinions, discuss yourviews with other users in our community and upload content, including, withoutlimitation, text, photos, images, advice, or other works or material("User Content").
6. You shall be solely responsible for your own submissions and theconsequences of posting or publishing them. You hereby warrant that you own orhold all necessary rights and permissions to upload or transmit the UserContent in connection with the Service, and that you have the written consent,release, or permission of each and every identifiable individual person in suchsubmissions to use the name or likeness of each and every such identifiableindividual person to enable inclusion and use of such submissions in the mannercontemplated by this Agreement.
7. We do not warrant, monitor, review, endorse, guarantee, make anyrepresentation of or responsible for any User Content which is found within,submitted, transmitted, displayed or downloaded via the Service; You herebyacknowledge that we do not monitor User Content and we will not assume anyresponsibility or liability whatsoever for any User Content, or any partthereof, which is found within or submitted via the Service, and thereby youmay be exposed to inaccurate or objectionable material. You hereby acknowledgethat your use of the Service, in connection with any User Content uploaded ortransferred by a third party, and any User Content submitted, posted ortransferred by you in connection with the Service, or any of your interactionswith any other person in connection with the Service, is at your sole risk, andwe will not be liable for any loss or damage that may result from your use ofthe Service in connection with any User Content (whether submitted, downloaded,transmitted or displayed by you or any other third party).
Use of Service
8. Please do not use the Service in a manner which (including posting,uploading, submitting or disseminating any User Content):
• Impersonates any person or entity or otherwise misrepresents affiliation,connection or association with any person or entity, or use any fraudulent,misleading or inaccurate information;
• Violates other users’ or third parties’ rights to privacy, publicity,proprietary and other rights;
• Modifies, adapts or hacks the Service or modify another website so as tofalsely imply that it is associated with the Service;
• Violates or promotes the violation of any local, state, national, orinternational law or regulation, including any intellectual property law;
• You must not access Service's private API by any other means other than theService application itself.
•Crawl, scrapes, or otherwise caches any content from the Service, or access theService by any automated means;
•Promotes or makes use of advertisements, solicitations, chain letters, pyramidschemes, spamming or any other commercial communications;
• Disseminates material which a reasonable person could deem to be: stalking,offensive, inaccurate, abusive, obscene, objectionable, defamatory, libelous,fraudulent or deceptive, indecent, pornographic, profane, threatening,advocating harassment or intimidation, distressing, vulgar, hateful, malicious,harmful for minors, racially or ethnically offensive, advocating racism, bigotry,hatred or physical harm of any kind against any group or individual, ordisparaging the religious, political, or legal agenda of any person or entity;
• Remove, disable, circumvent, damage or otherwise interfere with any featuresof the Service, or attempt to gain unauthorized access to the Service or anyportion thereof, or interfere with or disrupt the performance of the Service orthe ability of any other person to use the Service, or transmit any materialthat contains any viruses, worms, Trojan horses, or other destructive items orharmful codes, or degrade the performance of the servers in any way;
9. You hereby grant us all worldwide, non-exclusive, transferable,sub-licensable, assignable, fully paid-up, royalty-free, license to host,transfer, publish, distribute, copy, publicly display or perform, modify,adapt, make derivative works based upon, commercially exploit or otherwise usein any manner and for any purpose the User Content, without any claim forreimbursement by you or a third party, and you hereby consent to waive orprocure the waiver of all rights in the User Content. You hereby acknowledgethat we do not guarantee, and are not under any obligation of, confidentialitywith respect to any User Content, and agree that any User Content provided inconnection with the Service is provided on a non-confidential basis.
10. You understand and agree that Service cannot be responsible for any thirdparty content, including User Content, posted or made available through theService; and you nonetheless that your use of the Service in connection withsuch content is at your own risk.
11. The Service is supported by advertising revenue and may displayadvertisements and promotions, and you hereby agree that Service may place suchadvertising and promotions on the Service or on, about, or in conjunction withcontent. The manner, mode and extent of such advertising and promotions aresubject to change without specific notice to you.
Proprietary Rights and License
1. The Service contains Content ("Service Content") which isprotected by copyright, trademark, patent, trade secret and other laws; wehereby grants you a limited, revocable, non-sublicensable license to reproduceand display the Service Content (excluding any software code) solely for your personaluse in connection with viewing if the Site and using the Service.
2. The Service contains content of users and other Service licensors. Except asprovided within this Agreement, you may not copy, modify, translate, publish,broadcast, transmit, distribute, perform, display, or sell any contentappearing on or through the Service Services.
3. The Service does not claim any ownership rights in the text, files, images,photos, video, sounds, musical works, works of authorship, applications, or anyother materials of any third party or any other User Content. By displaying orposting any content on or through the Service, you hereby grant to Service anon-exclusive, fully paid and royalty-free, worldwide, limited license to use,modify, delete from, add to, publicly perform, publicly display, reproduce andtranslate such content, including without limitation distributing part or allof the Site in any media formats through any media channels, except content notshared publicly will not be distributed outside the Service.
4. We retain all rights, titles and ownerships in the Service or any partthereof, including without limitation, the design and layout of the Service,Service Content, including any reports, images, graphics, videos, text andaudio, copyrights, patents, trademarks, service marks and logos, database,registered or not ("Service Materials"), except where expresslyexcluded in this Agreement or with our prior express permission.
5. You may not use, sell, copy, modify, distribute, redistribute, license,publicly perform or display, publish, edit, create derivative works from, orotherwise make unauthorized use of the Service Materials, without our priorexplicit written consent. You are granted a limited and revocable right to usethe Service, pursuant to the terms of this Agreement, and for personal use only(unless with our prior and express permission), and under no circumstances areyou acquired any right, interest or title to any part of the Service Materials.
Assign Rights & Waiver
6. We may assign our rights according to this Agreement to any third party atour sole discretion. You may not assign or delegate your rights according tothis Agreement, without our prior written consent.
7. Failure to assert, at any time, any right, or require performance in regardto this Agreement by or on behalf of us shall not constitute concession, waiveror relinquishment of any sort, and shall not limit our rights with respect toany breach or any subsequent breaches. A waiver of any breach of any term ofthis Agreement shall not be construed as a continuing waiver of other breachesof the same or other terms of this Agreement.
Third Party Websites
8. Our Service contain links to websites, blogs and other platforms operated oradministered by third parties that are out of our control ("Third PartyPlatforms"); your access to any such Third Party Platforms is at your solerisk. We do not warrant, monitor, review, screen, endorse, promote, guarantee,make any representation of or responsible for the content or material which isfound within Third Party Platforms. We encourage you to review the applicablepolicies which govern your relationship with such Third Party Platforms priorto any access to or use thereof. We will be not responsible, in any manner whatsoever,for any content in Third Party Platforms or their practices, or for your use ofor inability to use such Third Party Platforms. You explicitly relieve us fromany and all liability arising from your use of any Third Party Platforms.
9. You hereby expressly agree, that to the fullest extent not prohibited by theapplicable law, that:
• The Service is provided to you "AS IS", and that your use of theService or of any information provided or otherwise disseminated in connectionwith the Service is at your sole risk.
• Albeit we take great measures to ensure that our Service is not misused andthat any information displayed or available in our Service is accurate andcurrent at all times, and correct errors or omissions as quickly as possible,we cannot guarantee that mistakes will not occur or that such information willbe fault-free or current.
• We make no warranty or representations of any kind, whether express orimplied in connection with the Service and your use of the Service or anyinformation provided or otherwise disseminated in connection with the Service(including User Content), and shall not be held liable or responsible withrespect to the Service and its quality, fitness for any particular purpose andpromises of specific results, any modification, suspension or discontinuance ofthe Service, lack of accuracy, errors or omissions in any information displayedin the Service, availability in any location, completeness, correctness,performance, continuity, merchantability, reliability, error-free,malware-free, network-related problems, non-infringement of third party rights(including, but not limited to, intellectual property or privacy rights) andsecurity of the Service, its content or any part thereof. You are solely responsiblefor your use of the Service and any damages to your devices, including withoutlimitation loss or exposure of data, as well as for your compliance with anyapplicable laws or regulations. We reserve the right to modify, change orremove, at any time, any information displayed in our Service.
10. We do not warrant, endorse, guarantee or responsible for any third partycontent or materials, including without limitation advertisers, other users ofthe Service and parties who offer services through the Service, and will not beliable to any damage or claim for any third party content, User Content or anycontent in Third Party Platforms or any part thereof, including withoutlimitation, its accuracy, engagement with commercial activity, spam, or any attemptsto defraud or manipulate other users with deceptive means ormisrepresentation..
11. Content created by third parties is the sole responsibility of the thirdparties and its accuracy and completeness are not endorsed or guaranteed.
12. Your sole and exclusive remedy with respect to any problems ordissatisfaction with the Service it to cease your use of the Service.
13. You agree to indemnify, defend, and hold us (and our affiliated companies,contractors, employees, agents, and suppliers and partners) harmless from anyand all claims, suits, actions, expenses, losses, damages, expenses, and anyother liabilities, including without limitation attorneys’ fees, arising out ofor related in any manner to your use or misuse of the Service, includingwithout limitation your access to or use of the Service, any breach or allegedviolation of the rights of any other person or entity by you, including withoutlimitation any intellectual property right, publicity, confidentiality,property or privacy right and any breach or alleged violation of thisAgreement.
Limitation on liability
14. You hereby expressly agree, that to the fullest extent not prohibited bythe applicable law, that we shall not be liable, in any event, for:
• Any direct, indirect, special, incidental, consequential or exemplarydamages, under any theory of liability, including but not limited to contract,tort (including negligence), damages for loss of data, profits and goodwill,arising out of your use, misuse or inability to use the Service, anyinteraction or engagement with other users or third party in connection withthe service (including any goods or services procured from such third party,and any information obtained by such third party), any statement or conduct ofa third party in connection with the Service, or by any form of malware,whether or not we were or should have been aware or advised of the possibilityof such damages;
• Any information stored, processed or transmitted via the Service, includingUser Content;
• The validity, correctness or accurateness of any content disseminated,provided or otherwise delivered in connection with your use of the Service.
16. If any part of this Agreement is deemed void, unlawful, or for any reasonunenforceable or invalid, then that part shall be deemed severable from thisAgreement and shall not affect the validity and enforceability of any remainingprovisions of the Agreement.
Governing Law & Disputes
17. This agreement shall be governed by and construed in accordance with thelaws of Israel, without giving effect to any principles of conflicts of law.
19. You may opt out of this arbitration clause. To opt out, you must notify usin writing within thirty (30) days of the date that you first become subject tothis Agreement. You must email us at support[at]travel-peaks.com with thesubject line: "Arbitration Opt Out" and include in the body of youre-mail your name and residence address, your email address, telephone number,and a clear statement that you want to opt out of this arbitration clause.
20. You hereby warrant that you will not participate in a class action orclass-wide arbitration for any claims covered by this Agreement. You herebyagree not to participate in claims brought in a private attorney general orrepresentative capacity, or consolidated claims involving another person’saccount in the Service, if we are a party to the proceeding.
21. You hereby agree that any claim may have arising out of or related to yourrelationship with us or in connection with the Service must be filed within one(1) year after from the arising incident; otherwise, your claim shall bepermanently barred.
b. Monitor, review or remove any content submitted by you in connection withthe Service, reject any User Content or other material submitted or remove anycontent from the Service for anby reason, or refuse your requests in connectionwith the Service.
c. Modify or discontinue, temporarily or permanently, our Service, or any partthereof.
23. You may cease your access or use of the Service, at any time.
Amendments to the Agreement
25. We reserve the right, at our sole discretion, to periodically amend orrevise the terms of this Agreement; material changes will be effectiveimmediately upon the publication of the amended Agreement. Your continued useof the Service, following the amendment of the Agreement, constitutes youracknowledgement and consent of such amendments to the Agreement. The lastrevision will be reflected in the "Last modified" heading above.
26. If you feel your rights have been violated in any manner, or if you wish toreport of any abuse of our Service or violations of any of the terms of thisAgreement, please contact us in the following address: support[at]travel-peaks.com
Please contact us in the following address: