TERMS OF SERVICE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES.
BY USING ANY OF THE SERVICES OFFERED ON THIS WEBSITE, YOU OR THE
ENTITY OR COMPANY THAT YOU REPRESENT (‘YOU’) ARE
UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A
PARTY TO THESE TERMS OF SERVICE, AND ANY POLICIES OR GUIDELINES
INCORPORATED HEREIN (COLLECTIVELY, THE "TERMS OF SERVICE").
YOUR USE OF THE SERVICES OFFERED BY NILEGUIDE.COM (‘COMPANY’)
SHALL ALSO CONSTITUTE ASSENT TO THESE TERMS OF SERVICE. IF YOU DO
NOT UNCONDITIONALLY AGREE TO ALL OF THESE TERMS OF SERVICE DO NOT
USE ANY OF THE SERVICES DESCRIBED HEREIN. IF THESE TERMS OF SERVICE
ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
SERVICES. Subject to these Terms of Service, Company may offer
to provide certain services that relate to online personalized travel
services (the "Services"), as described more fully on the
Company website at
www.nileguide.com
(the "Site"), and which are selected by You through the process
provided on the Site, solely for Your own use, and not for the use or
benefit of any third party. Services shall include, but not be limited
to, any services Company performs for You, as well as the offering of
any content on the Site, and access to and use of services offered by
certain third party service providers through the Site ("Third
Party Service"). Company may change, suspend or discontinue
any or all Services at any time, including the availability of any
feature, database, Third Party Service, or content. Company may also
impose limits on certain features and Services or restrict Your access
to parts or all of the Services without notice or liability. Company
reserves the right, at its discretion, to modify these Terms of
Service at any time by posting a notice on the Site, or by sending You
a notice via email or postal mail. You shall be responsible for
reviewing and becoming familiar with any such modifications. Use of
the Services by You following such notification constitutes Your
acceptance of the modified Terms of Service. You also certify to
Company that if You are an individual (i.e., not a corporation) You
are of legal age to form a binding contract. You also certify that You
are legally permitted to use the Services and access the Site, and
take full responsibility for the selection and use of the Services
and access of the Site. These Terms of Service are void where
prohibited by law, and the right to access the Site is revoked in such
jurisdictions. You shall be responsible for obtaining and maintaining
any equipment or ancillary services needed to connect to, access the
Site or otherwise use the Services, including, without limitation,
modems, hardware, software, and internet service. You shall be solely
responsible for ensuring that such equipment or ancillary services are
compatible with the Services. Company retains ownership of all right,
title and interest in and to the Service, the Site, Content (defined
below), and any related software or materials and all related
intellectual property rights.
SITE CONTENT. The Site and all content therein are intended
solely for the use of end users of the Site and may only be used in
accordance with these Terms of Service. All materials displayed or
performed on the Site (including, but not limited to text, graphics,
news articles, photographs, images, illustrations, audio clips and
video clips, also known as the
"Content") are
protected by copyright. You shall abide by all copyright notices,
information, and restrictions contained in any Content accessed
through the Services. The Site is protected by copyright as a
collective work and/or compilation, pursuant to U.S. copyright laws,
international conventions, and other copyright laws. You may not
modify, publish, transmit, participate in the transfer or sale of,
reproduce (except as provided in this Section), create derivative
works based on, distribute, perform, display, or in any way exploit,
any of the Content, software, materials, or Services in whole or in
part. You may download or copy the Content, and other items displayed
on the Site for download, for personal use only, provided that You
maintain all copyright and other notices contained in such Content.
You shall not store any significant portion of any Content in any
form. Copying or storing of any Content for other than personal,
noncommercial use is expressly prohibited without prior written
permission from Company, or from the copyright holder identified in
such Content's copyright notice.
You acknowledge and agree that if You use any of the Services to
contribute Content to the Site, Company is hereby granted a
non-exclusive, irrevocable, perpetual, worldwide, royalty-free,
transferable right to fully perform, display, distribute, make
derivative works from, and otherwise exploit such Content in any
medium now known or hereafter invented (including all related
intellectual property rights) and to allow others to do so. To the
extent allowed by law, the foregoing includes all rights of paternity,
integrity, disclosure and withdrawal and any other rights that may be
known as or referred to as "Moral Rights". To the extent You
retain any such Moral Rights under applicable law, You hereby ratify
and consent to any action that may be taken with respect to such moral
rights by Company and agree not to assert any Moral Rights with
respect thereto. You warrant, represent and agree that You will not
contribute any Content that, in Company's sole judgment, is
infringing, libelous, defamatory, obscene, pornographic, abusive,
offensive or otherwise violates any law or right of any third party.
Content submitted by users will be considered non-confidential and
Company is under no obligation to treat such Content as proprietary
information. Without limiting the foregoing, Company reserves the
right to use the Content as it deems appropriate, including, without
limitation, deleting, editing, modifying, rejecting, or refusing to
post it. Company is under no obligation to offer you any payment for
Content that you submit or the opportunity to edit, delete or
otherwise modify Content once it has been submitted to Company.
Company may have no duty to attribute authorship of Content to You by
using Your service User ID (defined below). Company shall not be
obligated to enforce any form of attribution by third parties. Company
reserves the right to remove any Content from the Site at any time,
for any reason (including, but not limited to, upon receipt of claims
or allegations from third parties or authorities relating to such
Content or if Company is concerned that You may have breached the
immediately preceding sentence), or for no reason at all.
Company takes no responsibility and assumes no liability for any
Content posted, stored or uploaded by You or any third party, or for
any loss or damage thereto, nor is Company liable for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity,
pornography or profanity You may encounter. Company is not liable for
any statements, representations or Content provided by its users in
any public forum, personal home page or other area of the Site.
Although Company has no obligation to screen, edit or monitor any of
the Content posted to or distributed through the Site, Company
reserves the right, and has absolute discretion, to remove, screen or
edit without notice any Content posted or stored on the Site at any
time and for any reason, and you are solely responsible for creating
backup copies of and replacing any Content you post or store on the
Site at your sole cost and expense.
Any use of the Site in violation of the foregoing violates these Terms
of Service and may result in, among other things, termination or
suspension of your rights to use the Site. In order to cooperate with
legitimate governmental requests, subpoenas or court orders, to
protect Company's systems and customers, or to ensure the integrity
and operation of Company's business and systems, Company may access
and disclose any information it considers necessary or appropriate,
including, without limitation, user profile information (i.e. name,
email address, etc.), IP addressing and traffic information, usage
history, and posted Content. Company's right to disclose any such
information shall govern over any terms of Company's Privacy Policy.
Copyright Complaint Policy
Infringement Notification:
If You believe in good faith that materials hosted by Company infringe
Your copyright, please provide the written information requested
below. The procedure outlined below is exclusively for notifying
Company that your copyrighted material has been infringed.
Please provide the following information in the following format:
A clear identification of Your copyrighted work that You claim is
being infringed.
A clear identification of the material on the Site that You claim is
infringing Your copyrighted work, and information that will allow us
to locate that material on the Site, such as a link to the infringing
material.
Your contact information so that we can reply to your complaint,
preferably including an email address and telephone number.
Include the following statement: "I have a good faith belief that
the material that is claimed as copyright infringement is not
authorized by the copyright owner, its agent, or the law."
Include the following statement: "I swear, under penalty of
perjury, that the information in the notification is accurate and I am
the copyright owner, or am authorized to act on behalf of the owner,
of an exclusive right that is allegedly infringed."
The notice must be signed by the person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this website should be
emailed or mailed to:
Copyright Manager
Trip Remix, LLC
2515 Waukegan Rd #591
Bannockburn, IL 60015
Phone: 312-772-5833
Email: info@tripremix.com
You should consult Your legal advisor before filing a notice or
counter-notice. Also, please note that You may be liable for damages
(including costs and attorneys fees) if you make a false claim of
copyright infringement.
Company will review and appropriately address all notices that comply
with the requirements above.
RESTRICTIONS. You are responsible for all of Your activity in
connection with the Services and accessing the Site. Any fraudulent,
abusive, or otherwise illegal activity may be grounds for termination
of Your right to use the Services or to access the Site. You may not
post or transmit, or cause to be posted or transmitted, any
communication or solicitation designed or intended to obtain password,
account, or private information from any Company user. Use of the Site
or Services to violate the security of any computer network, crack
passwords or security encryption codes, transfer or store illegal
material including that are deemed threatening or obscene, or engage
in any kind of illegal activity is expressly prohibited. You will not
run Maillist, Listserv, any form of auto-responder, or
"spam" on the Site, or any processes that run or are
activated while You are not logged in.
THIRD PARTY SERVICES. Company is not a booking agent or tour
operator, and does not directly charge You any fees to use the Site.
However, You should be aware that Third Party Services who list travel
packages with Company may not have included all fees and surcharges in
their listed prices. For example, airfares are frequently subject to
additional fees such as the Federal September 11th Security Fee,
international departure and arrival taxes and fees, federal excise
tax, and other service, handling and miscellaneous fees and
surcharges. When You book any travel with a Third Party Service,
please be sure to check their site for a full disclosure of all
applicable fees. For any travel packages or deals listed, Company does
not guarantee any specific rates or prices. Note that Company
calculates an average price for many hotels, based on the rates of
available rooms obtained from our booking partners, which are updated
regularly. Company makes no guarantees for availability of prices
advertised on the Site. Listed prices may require a stay of a
particular length or have blackout dates, qualifications or
restrictions.
Company may run advertisements and promotions from third parties on
the Site. Company may also include content provided by other companies
or individuals which may include offers for Third Party Services. Your
business dealings or correspondence with, or participation in
promotions of, advertisers or any other third party other than
Company, and any terms, conditions, warranties or representations
associated with such dealings, are solely between you and such Third
Party Service. Company is not 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 Third Party Service advertising or offer
on the Site.
PRIVACY POLICY. Please refer to Company's
Privacy Policy
for information on how Company collects, uses and discloses personally
identifiable information from its users, and is hereby incorporated
into the Terms of Service.
WARRANTY DISCLAIMER. Company has no special relationship with
or fiduciary duty to You. You acknowledge that Company has no control
over, and no duty to take any action regarding: which users gain
access to the Site; what Content You access via the Site; what effects
the Content may have on You; how You may interpret or use the Content;
or what actions You may take as a result of having been exposed to the
Content. You release Company from all liability for Your having
acquired or not acquired Content through the Site. The Site may
contain, or direct You to sites containing information that some
people may find offensive or inappropriate. Company makes no
representations concerning any Content contained in or accessed
through the Site or any content contained in or accessed through any
Third Party Service, and Company will not be responsible or liable for
the accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Site or any Third Party Service.
THE SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711):
COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY
COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY THIRD
PARTY SERVICE OR WEB-SITE LINKED TO THE SITE OR OTHERWISE IN
CONNECTION WITH THE SERVICES. Company will not be liable for the
privacy of e-mail addresses, registration and identification
information, disk space, communications, confidential or trade-secret
information, or any other Content stored on Company's equipment,
transmitted over networks accessed by the Site, or otherwise connected
with Your use of the Site, Services, or Third Party Service.
REGISTRATION AND SECURITY. As a condition to using certain
Services, You may be required to register with Company and select a
password and user name (
"User ID"). You shall provide
Company with accurate, complete, and updated registration information.
Failure to do so shall constitute a breach of these Terms of Service,
which may result in immediate termination of Your account. You may not
(i) select or use as a User ID a name of another person with the
intent to impersonate that person; or (ii) use as a User ID a name
subject to any rights of a person other than You without appropriate
authorization. Company reserves the right to refuse registration of,
or cancel a User ID in its discretion. You shall be responsible for
maintaining the confidentiality of Your password.
INDEMNITY. You will indemnify and hold Company, its parents,
subsidiaries, affiliates, officers and employees, harmless, including
costs and attorneys' fees, from (i) any claim or demand made by any
third party due to or arising out of Your access to the Site, use of
the Services, Your violation of these Terms of Service, or the
infringement by You, or any third party using the Your account, of
any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE TO
YOU WITH RESPECT TO THE SITE OR THE SERVICES OR ANY THIRD PARTY
SERVICE (I) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES
DUE TO LOSS OF DATA OR FAILED COMMUNICATIONS, OR (II) FOR ANY AMOUNT
IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY YOU TO COMPANY
THEREFOR, OR IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TERMINATION. Company may terminate or suspend any and all
Services and access to the Site at any time without prior notice or
liability, for any reason or for no reason. Any fees paid hereunder
are non-refundable. You may terminate Your access to the Services at
any time upon written notice to the Company. Upon termination of
Your account, Your right to use the Services, access the Site and any
Content will immediately cease. All provisions of these Terms of
Service which by their nature should survive termination shall survive
termination, including, without limitation, warranty disclaimers and
limitations of liability.
MISCELLANEOUS. The failure of either party to exercise in any
respect any right provided for herein shall not be deemed a waiver of
any further rights hereunder. Company shall not be liable for any
failure to perform its obligations hereunder where such failure
results from any cause beyond Company's reasonable control, including,
without limitation, mechanical, electronic or communications failure
or degradation (including "line-noise" interference). If any
provision of these Terms of Service is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that these Terms of Service shall otherwise remain
in full force and effect and enforceable. These Terms of Service are
not assignable, transferable or sublicensable by You except with
Company's prior written consent. Company may freely assign these Terms
of Service. These Terms of Service shall be governed by and construed
in accordance with the laws of the state of Illinois without regard
to the conflict of laws provisions thereof. You agree that all claims
you may have against Company arising from or relating to the Site will
be heard and resolved in a court of competent subject matter
jurisdiction located in Chicago, IL. You consent to the personal
jurisdiction of such courts over you, stipulate to the fairness and
convenience of proceeding in such courts, and covenant not to assert
any objection to proceeding in such courts. Both parties agree that
these Terms of Service are the complete and exclusive statement of the
mutual understanding of the parties and supersede and cancel all
previous written and oral agreements, communications and other
understandings relating to the subject matter of these Terms of
Service. Company may provide You with notices, including those
regarding changes to the Terms of Service by email, regular mail or
postings on the Site. Your continued use of the access or use of the
Service after communicating that these Terms of Service have been
changed will be considered your assent to any such changes.