EuropeTracker Terms
of Use
This agreement sets
out the mutual understanding ("Terms of Use") applicable
to users of the service "EuropeTracker" operated by
onesummerineurope.com and lcoated at www.europetracker.com. Applicants
to EuropeTracker (referred to as "users") must agree
to these Terms of Use. Upon applying for membership, the user
expresses his or her agreement to these Terms of Use and affirms
such agreement by any and all subsequent use of EuropeTracker.
If a user breaches
or otherwise fails to comply with any provision of these Terms
of Use, then, in addition to other available remedies, EuropeTracker
may terminate the participation of such user in EuropeTracker.
EuropeTracker functions
as a general Europe travel planning and itinerary planning service
for users having a valid account. EuropeTracker is a secure application
and therefore can only be accessed by persons applying for and
receiving membership, and who therefore receive unique usernames
and passwords.
ACCOUNT
ELIGIBILITY REQUIREMENTS
Membership in EuropeTracker
is made available to the general public, but EuropeTracker retains
full discretion as to whether or not it accepts and/or retains
a particular applicant for membership.
Because the email
address of all users is validated, all users must submit a valid
email address in order to create an account. If applying for a
"referral" account in order to receive enhanced use
of EuropeTracker, all users must submit a valid email address
of a person they personally know and who, in the judgment of the
user, might be interested in learning about EuropeTracker.
Users are
entitled to use one (1) free account per person. Creation
or use of multiple free accounts by one person is prohibited and
may result in one or all such accounts being terminated.
Because EuropeTracker
consists of a large amount of copyright-protected material, it
may be used only by individuals (whether or not representing a
company) who agree to certain restrictions and limitations on
use. As a precondition for membership, and therefore
use of the application, all users/prospective members thus agree
to and acknowledge:
1) that material
included in EuropeTracker is copyright protected by onesummerineurope.com,
2) that EuropeTracker
strictly prohibits any copying, duplication, reproduction,
or replication of this material in any mechanical form
now known or later to exist, unless express written permission
has been granted by EuropeTracker,
3) that permission
is hereby granted to users having an account for the use of this
material for the purpose of a) for individual users (having free
or paid accounts), organizing ther personal Europe travel trips
and itineraries or b) for individual or companies (have a paid
commercial account), organizing Europe travel trips and itineraries
on behalf of paying clients. Pursuant to such allowed use, users
are expressly granted written permission to print or email (within
reason) the personal trips and itineraries they have created.
4) that individuals
(whether or not representing a company) using EuropeTracker for
"commercial use" are prohibited from using a free EuropeTracker
account for such commmercial use and are thus required
to use and pay for a "paid commercial use" account for
any and all commercial uses. "Commercial use" includes,
but is not limited to, travel agents, travel agencies, and other
travel professionals who assist paying clients with their Europe
travel planning and/or booking needs.
5) the user agrees
not to release, direct, utilize or otherwise employ any mechanical
or electronic device, known as "robots", "bots",
or any other name, or any other such device designed to mass download
or otherwise bulk capture the content, data, and other information
contained in EuropeTracker, or to otherwise abuse or misuse the
provision of EuropeTracker to members,
6) that EuropeTracker
is a protected trademark of onesummerineurope.com,
7) that any violation,
intentional or otherwise, of these Terms of Use will not be tolerated
and will therefore result in the pursuit of immediate legal remedies
by onesummerineurope.com for copyright and/or trademark infringement.
ACCOUNT
MEMBERSHIP AND E-MAIL COMMUNICATIONS
Users agree, by
joining EuropeTracker and as a condition of membership, to receive
periodic emails from EuropeTracker with information or matters
related to your membership and your interest in travel in Europe.
If you no longer wish to receive such emails, you are able to
request cancellation of your EuropeTracker account according to
"unsubscribe" instructions contained in the email communications.
ACCOUNT
TERMINATION
EuropeTracker reserves
the right to terminate the participation of any user without reason,
including any user that EuropeTracker judges to be in violation
of the Terms of Use. Users in violation of one or more of these
Terms of Use may be immediately deactivated by EuropeTracker from
using the service with or without prior notification.
COPYRIGHT
Users agree and
acknowledge that all information provided by and contained
within EuropeTracker is the proprietary, copyrighted information
of onesummerineurope.com. The copyright protections of
EuropeTracker will be strictly enforced, including if necessary
pursuing monetary damages and injunctive relief for copyright
violations.
PRIVACY
According to a posted
privacy policy, personal information
provided by members to EuropeTracker will be collected and stored
confidentially and will not be distributed in any way to third
parties.
PAYMENTS
EuropeTracker offers
different levels of membership, both free and paid. Paid memberships
are offered on an annual (365 days) subscription basis and permit
greater use of the site and are offered at publicly posted rates.
Payments made for paid membership levels are nonrefundable. Paid
memberships are not automatically renewed, and therefore
require affirmativate action by a member to renew but not to cancel.
Users using EuropeTracker for commercial use must use
and pay for a "paid commercial account".
All payment transactions
are encrypted and processed by secure third party providers (such
as Paypal) so that the personal financial information of users
will be securely and confidentially handled. Because user financial
data is handled exclusively by these third party providers, onesummerineurope.com
does not gain access to or control over this data.
LIMITATION
OF LIABILITY
NEITHER ONESUMMERINEUROPE.COM NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SITE (INCLUDING, BUT NOT
LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) SHALL BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT
DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY
TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL EUROPETRACKER'S LIABILITY TO YOU OR ANY THIRD
PARTY ARISING OUT OF ANY USE OF THIS SITE EXCEED $1,000.00. Because
some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above limitation
or exclusion may not apply to You.
DISCLAIMERS
OF WARRANTIES
YOU USE EUROPETRACKER
AT YOUR OWN RISK. We strive to to provide a useful and accurate
Europe travel planning service for independent travelers, but
we do not guarantee that it will be error free or that it is free
of viruses or other harmful components. EuropeTracker does not
directly provide or sell bookings for travel products or services,
thus it is the responsibility of users to confirm or validate
information provided to them through the use of EuropeTracker
with the actual suppliers of these products or services. All
information is issued without warranty or liability.
Without limiting
the foregoing, EVERYTHING ON EUROPETRACKER (INCLUDING, BUT NOT
LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED
TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. Please note that some jurisdictions may not
allow the exclusion of implied warranties, so some of the above
exclusions may not apply to You.
MODIFICATIONS
EuropeTracker reserves
the right to change the member Terms of Use at any time. It is
the member's responsibility to check these Terms of Use from time
to time for such changes.
JURISDICTION
These Terms of Use are applicable to and subject to the laws of
the state of Ohio, USA.
