PLANNED TRAVEL LTD. Subscriber Agreement
PLEASE READ THIS SUBSCRIBER AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CHECKING THE AGREE BOX ON THE REGISTRATION PAGE. BY SUBSCRIBING FOR AND USING THE PLANNED TRAVEL LTD. SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS SUBSCRIBER AGREEMENT, INCLUDING ALL AMENDMENTS MADE AFTER THE DATE HEREOF. YOU MAY WISH TO PRINT THIS PAGE FOR YOUR REFERENCE. THIS AGREEMENT WAS LAST UPDATED ON JULY 28TH 2010.
By completing the registration process and checking the box on the registration page indicating that you have read and agree with the Subscriber Agreement, you are indicating that you are eighteen (18) years old or older and agree to be bound by all of the terms in this Subscriber Agreement.
This Agreement (the "Agreement") is between you and PLANNED TRAVEL LTD, a limited liability company incorporated in the UK and with registered address 145-157 St John Street London EC1V 4PY.
This Subscriber Agreement sets forth the terms and conditions for your subscription (your "Subscription") to the PLANNED TRAVEL LTD. Service (the "Service").
- Your Rights.
Subject to your payment of the subscription fee set forth in the subscribe/registration process of the Service (the "Subscription Fee"), PLANNED TRAVEL LTD. grants you a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Service and the materials provided thereon, provided that you comply fully with this Agreement. The contents of the Service are only for your personal, non-commercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. By subscribing to the Service, you will also automatically become a registered user of PLANNED TRAVEL LTD.com.
- Fee-Based Service Charges.
The Service is available only through a Subscription.
- You agree to pay, using a valid credit card acceptable to PLANNED TRAVEL LTD., the monthly, annual, or other periodic Subscription charges set forth on the Service and other charges incurred on your account, plus any applicable taxes. PLANNED TRAVEL LTD. reserves the right to increase the Subscription Fee, and any surcharges or to institute new fees at any time, upon reasonable notice posted in advance on the Service. PLANNED TRAVEL LTD. will automatically charge your account for renewal of your Subscription. The renewal charge will be the then-current published rate for the term of your Subscription. Your Subscription will continue and renew automatically, unless terminated by PLANNED TRAVEL LTD. or until you notify PLANNED TRAVEL LTD. by telephone or mail of your decision to terminate your Subscription. If there are any annual, monthly, or similar periodic fees for your Subscription, these fees will be billed automatically to the credit card designated by you during the registration process for the Service or subsequently designated to PLANNED TRAVEL LTD, at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your Subscription before the relevant period begins. PLANNED TRAVEL LTD. will not be responsible for any overdraft or other service charges to credit or debit cards made as a result of fees by PLANNED TRAVEL LTD, regardless of when the fees are billed. In the event PLANNED TRAVEL LTD. cannot charge your account, PLANNED TRAVEL LTD. reserves the right to terminate your access to the Service. Once paid, subscription fees will not be refunded.
- In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Service, including, without limitation, all telephone access lines (including long-distance charges, when applicable), internet service provider charges, telephone and computer equipment and any service fees necessary to access the Service.
- You agree to promptly update your Registration Data, in accordance with the instructions on the Service when such updates are necessary or applicable, including, without limitation, in the event of any known or suspected unauthorized use of your Subscription, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your Subscription until you update your Registration Data.
- If you obtained your subscription through a corporate subscription or other promotional code, you must comply with the terms of that subscription. You agree not to disclose your promotional code to other persons. PLANNED TRAVEL LTD. reserves the right to cancel a subscription redeemed through a corporate subscription or other promotional code if we determine that the user of the promotional code was not the intended recipient of that code.
- Copyright and Trademarks.
All materials on the Service, including, without limitation, ratings and reviews, other text, images, software, audio and video clips and databases (collectively, the "Content") are owned or controlled by PLANNED TRAVEL LTD., which retains ownership of all right, title, and interest in and to the Content, including, without limitation, the copyrights, trademark rights, service mark rights and all other intellectual property rights therein. The Service and the Content are protected by international copyright and trademark laws, international conventions, and other applicable laws. You are the one and only individual who may access the Service using the user name and password assigned to you when you register for a Subscription on the Service, unless agreed otherwise by PLANNED TRAVEL LTD. Content received through PLANNED TRAVEL LTD. may be displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Service to anyone without the express prior written consent of PLANNED TRAVEL LTD.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Service or the Content or any portion of the content thereof for any public or commercial use without the prior written permission of PLANNED TRAVEL LTD.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of PLANNED TRAVEL LTD. without the prior written permission of PLANNED TRAVEL LTD. or its relevant Affiliate. In addition, you may not use PLANNED TRAVEL LTD. trademarks:
- in, as, or as part of, your own trademarks or those of any third parties;
- to identify products or services that are not those of PLANNED TRAVEL LTD;
- in a manner likely to cause confusion; or
- in a manner that implies that PLANNED TRAVEL LTD. sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties.
- Your password.
As part of the registration process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Service, and you agree that PLANNED TRAVEL LTD. will not have any obligations with regard thereto. If your password is distributed to third parties or otherwise misused, PLANNED TRAVEL LTD. shall have the right, in its sole discretion and without notice to you, to terminate this Agreement and your Subscription.
- Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Service is at your sole risk. PLANNED TRAVEL LTD. reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Service, or to deny access to the Service to anyone at any time. PLANNED TRAVEL LTD. shall not have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.
- Links to Other Sites.
The Service may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by PLANNED TRAVEL LTD. of any such third-party sites or any materials contained therein. PLANNED TRAVEL LTD. does not control, and is not responsible for, the availability, accuracy or privacy policies of such third party sites or any information, content, products or services accessible from such third party sites.
- Age restrictions.
You represent and warrant to PLANNED TRAVEL LTD. that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Service in accordance with this Agreement.
- Financial responsibility.
You agree not to assign, transfer or sublicense your rights as a subscriber to the Service. You agree to be financially responsible for all usage or activity on the Service through the use of your user name and password.
- Cancellation.
If you would like to cancel your subscription, please notify us at any time. Your cancellation will be processed immediately, but you may continue to access PLANNED TRAVEL LTD.com for any remaining paid days on the subscription. Once paid, subscriptions are not eligible for refunds.
- Indemnification.
You hereby agree to indemnify, defend and hold harmless PLANNED TRAVEL LTD. and its members, officers, directors and employees from and against any and all liabilities, costs and expenses (including, without limitation, attorneys fees and disbursements) incurred by PLANNED TRAVEL LTD. in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any such claim. PLANNED TRAVEL LTD. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of PLANNED TRAVEL LTD.
- DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PLANNED TRAVEL LTD. MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE UNDER ANY CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE BY PLANNED TRAVEL LTD. PLANNED TRAVEL LTD. DOES NOT WARRANT THAT THE SERVICE OR THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- LIMITATION OF LIABILITY.
USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL PLANNED TRAVEL LTD. OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR PLANNED TRAVEL LTD., BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF PLANNED TRAVEL LTD. OR ITS PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF PLANNED TRAVEL LTD. HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SERVICE. YOU HEREBY RELEASE PLANNED TRAVEL LTD. FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
- Termination.
In addition to any other rights of the parties set forth herein, either you or PLANNED TRAVEL LTD. may cancel or terminate this Agreement at any time. PLANNED TRAVEL LTD. also reserves the right to restrict, suspend or terminate your access to the Service in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement, and in such event, PLANNED TRAVEL LTD. shall not be required to refund your Subscription Fee or any portion thereof. If PLANNED TRAVEL LTD. terminates this Agreement based on a breach of any portion of this Agreement, PLANNED TRAVEL LTD. reserves the right to refuse to provide you with a Subscription for the Service in the future.
- Modifications.
- To the Agreement. PLANNED TRAVEL LTD. has the right to modify this Agreement and any policies affecting the Service without your prior written consent. Any modification is effective immediately upon posting to the Service or distribution via electronic mail or conventional mail. Your continued use of the Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of PLANNED TRAVEL LTD. in providing the Service, including without limitation any change in the Content and/or any change in the amount or type of fees associated with the Service, is to cancel your Subscription.
- To the Service. PLANNED TRAVEL LTD. has the right to modify, suspend or discontinue the Service or any portion thereof at any time, including the availability of any area of the Service. PLANNED TRAVEL LTD. may also impose limits on certain features and services or restrict your access to parts or all of the Service without any notice or liability to you.
General.
This Agreement constitutes the entire agreement between you and PLANNED TRAVEL LTD. with respect to your Subscription and the Service and supersedes all prior agreements between you and PLANNED TRAVEL LTD. Failure by PLANNED TRAVEL LTD. to enforce any provision of this agreement shall not be construed as a waiver of any provision or right contained herein. This Agreement shall be governed by and construed in accordance with the laws of the England.
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