Terms of Use
PLEASE READ THESE TERMS OF USE ("Terms") CAREFULLY BEFORE USING THE SITE (the
"Site")
THE SITE
SkyTours, established in 1973 is a proud accredited Travel Agency Member of IATA
(International Air Transport Association)
By using the Site, you signify your binding agreement to these Terms. We reserve
the right, in our sole discretion, to change, modify, add, or remove
portions or all of these Terms at any time. Please check these Terms
periodically for changes. Your continued use of the Site following the posting
of changes to these Terms (including our "Privacy Policy") constitutes your
binding acceptance of those changes.
Further, we may change any or all content on the Site, including, but not
limited to, products, programs, and/or services described on or offered through
the Site, without notice and without liability.
COPYRIGHT & LICENSES
All materials and content on the Site, including, but not limited to, images,
illustrations, text, audio clips, and video clips, are protected by or
consist of copyrights, trademarks, service marks, and/or other intellectual
property rights ("Intellectual Property"). The Intellectual Property is
governed and protected by European / American and worldwide copyright,
trademark, and/or other intellectual property laws and treaty provisions,
privacy
and publicity laws, and communications regulations and statutes. The
Intellectual Property is owned or controlled by us or other parties that have
licensed
to us the right to use their Intellectual Property or the right to market their
products and/or services (collectively the "Providers").
The Intellectual Property is provided solely for your personal, non-commercial
use. You agree to abide by all additional copyright notices, information, or
restrictions contained in any material or content on the Site. You may download
any Intellectual Property solely for your personal, non-commercial use,
consistent with these Terms, provided that you maintain all copyright and other
notices contained in such Intellectual Property. You may not copy, reproduce,
republish, upload, post, transmit, distribute, and/or exploit any Intellectual
Property in any way (including by e-mail or other electronic means) without
our prior written consent or that of the Providers. Modification of any
Intellectual Property or use of any Intellectual Property for any other purpose
is
a violation of the copyrights, trademark rights, and other proprietary rights.
The use of any Intellectual Property on any other site or networked computer
environment, or maintaining unauthorized links to the Site, is prohibited by
these Terms.
All software, applications, and modules (collectively, "software") used on the
Site are proprietary to or licensed to us by other parties ("Software
Providers",
together with Providers, the "Providers"). You may not reproduce, reverse
engineer, create derivative works of, reverse assemble or reverse compile, sell,
lease, distribute, rent, assign, transfer, or modify any software on the Site.
The European / American laws controls the export of products and information. You
agree to comply with such restrictions and not to export or re-export the
Intellectual Property to countries or persons prohibited under European /
American' export control laws. By using, copying, or downloading any portion of
the Intellectual Property, you are representing that you are not in a country
where such export is prohibited; that you are not on the US Commerce
Department's
Table of Denial Orders or the US Treasury Department's list of Specially
Designated Nationals; and that you are not providing access to the Intellectual
Property
to any person similarly situated.
INFORMATION SENT FROM USERS
Content you send to us, as between the two of us, whether via e-mail, forms,
messages, ideas, and/or suggestions, becomes our sole property and is
transmitted at
your sole risk. You hereby represent and warrant that you own or have the right
to submit the foregoing to us. We will respond to customer service questions in
accordance with our "Privacy Policy."
You are strictly prohibited from uploading to the Site any material that
contains any virus, worm, "trojan horse," time bomb, or similar contaminating or
destructive
feature. Violators may be prosecuted to the maximum extent of the law.
SIGNING-UP /SUBSCRIBING TO OUR MAILING LIST
By submitting your email address from the SkyTours.com website , you agree to
give us permission to send you emails regarding travel updates, newsletters
or information that we want to inform you about. We reserve the right to deny
you this service. SkyTours may offer mailing lists as part of its Service.
You agree that you are legally an adult (according to the laws by which you are
goverened) before subscribing to any of SkyTours mailing lists. You agree
not to post copyrighted or illegal content on any of SkyTours's lists. You agree
that any and all posts made on any SkyTours list become property of SkyTours.
SkyTours does not vouch for the accuracy, correctness, legality or any other
aspect of any posting made on any SkyTours mailing lists.
LEGAL RESPONSIBILITY
The Site may contain links to sites that are not maintained by us. While we make
every effort to include links to only those sites that are in good taste
and safe for our visitors, we do not regularly review materials posted at such
sites. These links are provided solely as a convenience to you. We do not
necessarily endorse all of the materials appearing on such sites. We shall not
be responsible for, and we make no representation regarding, the content on
such sites. If you choose to link to any third-party site, you do so at your own
risk.
PRIVACY
You have read our Privacy Policy, the terms of which are incorporated herein,
and agree to such terms.
DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS PROVIDED BY THE SITE ARE PROVIDED "AS IS." TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AND OUR PROVIDERS
OR DISTRIBUTORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO: (1) IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE, AND TITLE TO ANY OF THE SERVICES AND MATERIALS
PROVIDED ON THE SITE; (2) ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN
THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES REGARDING THE
USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS PROVIDED BY THE
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR
OTHERWISE. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR
USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE,
AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR
ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE.
IN NO EVENT SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR
ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR
THE INABILITY TO USE, THE SITE OR THE SERVICES OR MATERIALS ON THE SITE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE
LIABILITY, OR THAT OF OUR PROVIDERS OR DISTRIBUTORS, EXCEED THE TOTAL CHARGES
SET FORTH IN THE ITINERARY GIVING RISE TO ANY SUCH LIABILITY. ANY CLAIM OR
CAUSE OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, OR
PURCHASE OF PRODUCTS AND/OR SERVICES FROM, THE SITE MUST BE BROUGHT WITHIN ONE
(1)
YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR PURCHASE
WAS COMPLETED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK.
THE SITE AS INTERMEDIARY
WE ARE ACTING AS AN INTERMEDIARY OR AS AN AGENT FOR PROVIDERS OF TRAVEL-RELATED
PRODUCTS AND/OR SERVICES BY PROMOTING, SELLING OR ACCEPTING RESERVATIONS OR
BOOKINGS FOR SUCH PRODUCTS AND/OR SERVICES (SUCH AS AIR AND GROUND
TRANSPORTATION, HOTEL ACCOMMODATIONS, MEALS, TOURS, CRUISES, TRAVEL INSURANCE,
ETC.). WE
SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OR ANY ACTIONS OR OMISSIONS ON
THE PART OF SUCH PROVIDERS, WHICH RESULT IN ANY LOSS, DAMAGE, DELAY, OR
INJURY TO YOU AND/OR YOUR TRAVEL COMPANION(S), IF ANY. WE DO NOT GUARANTEE ANY
OF SUCH PROVIDER’S RATES, BOOKINGS, RESERVATIONS OR OTHER PURCHASE TERMS.
WE SHALL NOT BE RESPONSIBLE FOR ANY DISRUPTION OF TRAVEL-RELATED PRODUCTS AND/OR
SERVICES, WHETHER RESULTING FROM BANKRUPTCY OF ANY TRAVEL PROVIDER(S), OR
DUE TO MONETARY CRISIS, POLITICAL OR SOCIAL UNREST, LABOR PROBLEMS, MECHANICAL
OR CONSTRUCTION DIFFICULTIES, CLIMATIC ABERRATIONS, LOCAL LAWS, DISEASES,
NOVEL CONDITIONS, INCLUDING TERRORIST ACTIVITIES, AND/OR EVENTS OF "FORCE
MAJEURE" (I.E., THOSE BEYOND OUR REASONABLE CONTROL).
INTERNATIONAL USE
We make no representation that materials or services available on the Site are
appropriate or available for use in locations outside the European or American
Territory. Accessing materials and services available on the Site from
territories where their contents are illegal is prohibited. Those who choose to
access the Site from other locations do so on their own initiative and are
responsible for complying with local laws.
TERMINATION
We reserve the right, in our sole discretion, and without liability, to
terminate your access to all or part of the Site, with or without notice, for
any
reason or no reason.
INDEMNIFICATION
You shall defend and indemnify us, our Providers and Distributors, and each of
their respective officers, directors, employees, and agents, from and against
any claim, cause of action, or demand, including without limitation reasonable
legal and accounting fees, brought by or on your behalf in excess of the
liability described herein or by third parties as a result of your use of the
Site.
ENTIRE AGREEMENT; GOVERNING LAW; VENUE; SEVERABILITY
This agreement, including any other terms and conditions referenced herein,
constitutes the entire agreement with respect to this Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral, or written, with respect to this Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. These
Terms shall be governed by and construed in accordance with the laws of the
European Union and Country of Germany, without giving effect to any principles
of conflicts of law. You agree that any action at law or in equity arising out
of or relating to these Terms shall be filed only in the german courts
located in Freiburg, and you hereby agree to consent and submit to the exclusive
personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these Terms shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these Terms and shall not affect the validity and enforceability
of any remaining provisions.
Germany, Sweden & California Jan 05 2007
Skytours
GmbH Freiburg Germany Skytours
Online Inc. San Leandro CA United States of America Skytours
Scandinavia (Flygbilligare Nord AB) Stockholm Sweden
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