TravelMonks Member Terms of Service

Last updated on June 1st, 2009

Welcome to TravelMonks.com. The following are the rules ("Terms") that govern use of the TravelMonks.com Web site ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. TravelMonks.com ("TravelMonks") reserves the right to change these Terms at any time, effective immediately upon posting on the Site.

Permitted Use

You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by TravelMonks.

Use Void Where Prohibited

Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

Registering with TravelMonks.com

In order to take advantage of certain features on the Site, you may be required to register with TravelMonks. For example, you may be required to register with TravelMonks if you want to set up a TravelMonks profile, where you can save your favorite profiles, receive discount offerings or other information from TravelMonks, or save your consumer reviews. You may also be required to register with TravelMonks if you want to post consumer reviews of certain events, places, or experiences. You may also be required to register to receive newsletters with information from TravelMonks. TravelMonks's use of any personal information that you provide to TravelMonks.com during any registration process is governed by TravelMonks's privacy policy.

My TravelMonks Account

If you register for a TravelMonks account, you will be allowed to save and personalize TravelMonks content, receive and view offers from businesses listed on the TravelMonks system, and post ratings and reviews about TravelMonks content and other user reviews. By having a TravelMonks account with TravelMonks.com, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, TravelMonks may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that TravelMonks believes is appropriate.

Posting Reviews on TravelMonks.com

TravelMonks reserves the right, but not the obligation, to refuse to post or to remove any Review if it contains or features any of the following:

Unacceptable Content

• Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
• References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.)
• Reviews submitted by the reviewed business's employees (past or present) or competitors as determined by TravelMonks.
• Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "this place is great!") as determined by TravelMonks in its sole discretion.
• Reviews commenting on other users.
• Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
• Excessive damage caused by business or service to person or property.
• Personal information or messages including email addresses, URLs, phone numbers and postal addresses.
• Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.
• Language that violates the standards of good taste or the standards of this website, as determined by TravelMonks in its sole discretion.
• Content determined by TravelMonks to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
• Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.
• Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
• Content which is subject to copyright law which does not have appropriate permission to be submitted by a TravelMonks member.

Reviews are not endorsed by TravelMonks.com

• Reviews do not reflect the views of TravelMonks; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders.
• TravelMonks does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

Reviews are owned by TravelMonks.com

Reviews that are submitted to TravelMonks shall be owned exclusively and in perpetuity by TravelMonks. Such exclusive ownership means that TravelMonks, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. TravelMonks is under no obligation to give credit or pay any consideration to you for your Reviews.

Contributions to TravelMonks

By submitting ideas, suggestions, documents, content, and/or proposals ("Contributions") to TravelMonks through its suggestion or feedback webpages, or in submitting member content, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) TravelMonks is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) TravelMonks shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Yahoo! may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of TravelMonks without any obligation of TravelMonks to you; and (f) you are not entitled to any compensation or reimbursement of any kind from TravelMonks under any circumstances.

TravelMonks respects the intellectual property of others, and we ask our users to do the same. TravelMonks has no responsibility for content on web sites that you may find or access when using TravelMonks products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the TravelMonks Terms of Service, govern your use of that material.

It is TravelMonks policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of TravelMonks and/or others.

Notice for Claims of Intellectual Property Violations and Agent for Notice

• If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide TravelMonks with the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the TravelMonks site, with enough detail that we may find it on the web site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual propertyowner or authorized to act on the copyright or intellectual property owner's behalf.

TravelMonks contact information for claims of copyright or other intellectual property infringement can be reached at feedback@travelmonks.com.

Contact Us

If you see objectionable content or have any questions about these Terms of Use, please contact TravelMonks at feedback@TravelMonks.com.

Links and Search Results

The Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. TravelMonks has no control over these sites or the content within them. TravelMonks cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. TravelMonks does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against TravelMonks for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify TravelMonks at legal@TravelMonks.com, and TravelMonks will investigate your claim and take any actions TravelMonks deems appropriate at our sole discretion.

Business listings located on TravelMonks are selected for display in search results based primarily on their content in relation to the user-provided search terms. Consequently, both customer and non-customer listings will be included in a search results list, and TravelMonks will not discriminate based on whether a business is a customer with regard to placement or inclusion in the business listings.

TravelMonks customer listings may be rotated within the search results due to a number of factors, none of which are determined by paid inclusion or paid placement. Thus, such variable placement of TravelMonks customers is not intended to displace non-customer search results placement or inclusion. Indeed, non-customers with a good deal of quality content could appear higher on search result returns than TravelMonks customers.

Offline Conduct

Although TravelMonks cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Web site without the prior expressed written permission of TravelMonks.

Unauthorized Use of the Site

Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Children

You may not use the Site if you are under thirteen (13) years of age.

Violation of the Terms

You agree that monetary damages may not provide a sufficient remedy to TravelMonks for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.

Disclaimers

TravelMonks does not promise that the site will be free of errors or uninterrupted, or that it will provide specific results from the use of the site or any content, search or link on it. The site and its content are delivered on an “as-is” and “as-available” basis. TravelMonks cannot ensure that the files you download from the site will be free of viruses, contamination or any other destructive features. TravelMonks disclaims all warranties, express or implied, including any implied, including any implied warranties of merchantability and fitness for a particular purpose. TravelMonks will not be liable for any damages or losses of any kind arising from the use of this site or the services provided, including, without limitation, direct, indirect, incidental, and punitive and consequential damages.

TravelMonks disclaims any and all liability for the acts, omissions, and conduct of any third-party users, TravelMonks users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. TravelMonks is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to TravelMonks at feedback@TravelMonks.com. TravelMonks may investigate the claim and take appropriate action, at its sole discretion.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will TravelMonks be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, even if TravelMonks has been advised of the possibility of such damages and losses..

Disputes

If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco.

Indemnity

You agree to indemnify and hold TravelMonks, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.