Terms and Conditions Agreement
1. Availability of Services
We reserve the right to modify or discontinue, temporarily or permanently, the services provided by GayFamilyTrips.com (hereinafter “Services”) (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such action.
3. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, 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 we 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 Services.
4. Third-Party Content
Our provision of a link to any non-Services site or location is for your convenience and does not signify our endorsement of such non-Services site or location or its contents. Unless specifically noted, no payment, goods, or services have been exchanged for mentions related to travel destinations, accommodations, attractions, and/or other businesses. We shall not be responsible for any information, software, or links found at any non-Services site or location, or for any transactions conducted at or through any linked non-Services site or location.
All site content including articles and comment reflect the thoughts and expressions of the individual writers, not GayFamilytrips.com. Comments are welcome, even those that disagree, as long as those comments are civil. Any comments considered disrespectful, slanderous, hateful, profane, commercial, or the like, will be deleted.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL SUCH MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT, AND GAYFAMILYTRIPS.COM AND LICENSORS HEREBY EXPRESSLY DISCLAIM, ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT. GAYFAMILYTRIPS.COM AND LICENSORS DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION, THAT THE SERVICES ARE, OR WILL BE, ERROR- OR DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES AND, AS APPLICABLE, THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM GAYFAMILYTRIPS.COM, ITS SUBSIDIARIES, LICENSORS OR OTHERWISE THROUGH YOUR USE OF THE SERVICES SHALL CREATE ANY WARRANTY. FURTHER, GAYFAMILYTRIPS.COM AND LICENSORS DO NOT WARRANT OR REPRESENT THAT THE USE, OR THE RESULTS OF THE USE OF, ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES WILL BE CORRECT, ACCURATE, TIMELY, OR RELIABLE.
6. LIMITATIONS ON LIABILITY
IN NO EVENT SHALL GAYFAMILYTRIPS.COM OR LICENSORS, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, AND UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, ANY CHANGES TO THE SERVICES OR THESE TERMS AND CONDITIONS, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED, OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. GAYFAMILYTRIPS.COM AND LICENSORS, AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE SERVICES, ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN, OR AVAILABLE THROUGH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF GAYFAMILYTRIPS.COM OR THE APPLICABLE THIRD PARTY KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD GAYFAMILYTRIPS.COM, ITS LICENSORS, AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE SERVICES, AS WELL AS EACH OF THEIR RESPECTIVE PARENTS, AFFILIATES, OR SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, FEES (INCLUDING ATTORNEYS’ FEES) AND EXPENSES THAT SUCH PARTIES MAY INCUR AS A RESULT OF, OR ARISING OUT OF, YOUR (OR, IN THE CASE OF MEMBERS, ANYONE USING YOUR ACCOUNTS) USE OF, OR CONDUCT WITH RESPECT TO, THE SERVICES.
8. Proprietary Rights
You acknowledge and agree that all content and materials available on or through the Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You may print or download one copy of the materials or content on the Services on any single computer for your personal, non-commercial use, provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright or other proprietary notice appearing on such materials. Otherwise, you may not republish, retransmit, reproduce or otherwise use the materials or content. Systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. To obtain such authorization, contact the GayFamilyTrips.com legal department by mail at:
Amini & Conant, LLP
Attn: R. Elliott Beck, Jr.
702 Rio Grande Street
Austin, Texas 78701
9. Copyright Infringement Claims
GayFamilyTrips.com respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), GayFamilyTrips.com has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, please fill out a Notice of Infringement Form and mail it to the following agent of GayFamilyTrips.com for notice of claims of copyright infringement:
Amini & Conant, LLP
Attn: R. Elliott Beck, Jr.
702 Rio Grande Street
Austin, Texas 78701
The information requested by the Notice of Infringement Form substantively complies with 17 U.S.C. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner, or from a person authorized to act on behalf of the copyright owner, that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement Form each time you wish to report alleged acts of infringement.
Please note that we will, in appropriate circumstances, terminate the account of any Member who repeatedly posts infringing material on the Services.
10. Governing Law and Jurisdiction
You agree that the laws of the State of Texas will apply to all matters relating to this Agreement, as they would to agreements made and entered into entirely in Texas, by Texas residents, notwithstanding your actual place of residence or domicile.
Unless you and we agree otherwise, you agree that any claim or dispute that has arisen or may arise between you and GayFamilyTrips.com must be resolved exclusively by a state or federal court located in Travis County, Texas. You and GayFamilyTrips.com agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such claims or disputes.
This Terms and Conditions Agreement contains the complete and final statement of the understanding between you and GayFamilyTrips.com with respect to the subject matter of this Terms and Conditions Agreement and supersedes any and all prior or contemporaneous negotiations, agreements, or communications, whether written or oral, between you and us concerning the subject matter of this Terms and Conditions Agreement.
If any provision of this Terms and Conditions Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Terms and Conditions Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms.
The waiver by us of a breach or default of any of the provisions of this Terms and Conditions Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of GayFamilyTrips.com to exercise or avail itself of any right, power, or privilege that it has or may have hereunder operate as a waiver of any breach or default by you.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, or related to, use of the Services or this Terms and Conditions Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Terms and Conditions Agreement are solely used for convenience and have no legal or contractual significance.