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Terms of Use


WEB SITE TERMS OF USE

These "Terms of Use" set forth the terms and conditions that apply to your use of www.VoyageTrek.com or any related app (the "Web Site"). The services offered on the Web Site (the "Services") are provided by VoyageTrek, LLC, a Washington limited liability company ("VoyageTrek"). By using the Web Site and the Services you agree to comply with these Terms of Use.

Web Site And Services

The right to use the Web Site and the Services is personal and non-transferable. You must be at least 13 years of age to use the Services, and, if you are under the age of majority in your state of residence, you must have parental consent to use the Services. If you are accessing the Web Site and using the Services on behalf of any legal business entity, then you are agreeing to these Terms of Use on behalf of that entity and represent that you are authorized to act on behalf of such entity.

Copyrights and Trademarks

All information, brands and content on the Web Site and all associated intellectual property rights underlying such information, brands, and content is owed by VoyageTrek, except for third-party materials provided by users or tour operators and travel providers. No person is authorized to use, copy, or distribute any portion the Web Site or Services including any trade or service marks, information, graphics, layout, designs, photographs, text, or other content without VoyageTrek’s express permission.

The trademarks and service marks of any third parties, such as tour operators or travel providers, found on the Web Site are owned by the respective parties and are used under license and/or in accordance with applicable law.

Using the Web Site or Services does not give you ownership of any intellectual property rights in the Site, Services, or any underlying content. Except in the context of accessing the Web Site and using the Services in accordance with these Terms of Use, you may not use content or materials from the Web Site unless you obtain permission from VoyageTrek or the appropriate owner in the case of third-party content or materials. In accessing the Web Site and using the Services you may not:

  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • remove, obscure, or alter any legal notices displayed in or along with the content on the Web Site or Services;
  • copy any portion of the Web Site or Services or any underlying content or source code;
  • use the Web Site or Services for any commercial purpose (excluding use by tour operators and travel providers, or an affiliate, as provided for on the Web Site);
  • make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Web Site or Services; or
  • use automated scripts to collect information or otherwise interact with the Web Site or Services.

Third-Party Content and Information

The Web Site displays content and information that is not created by VoyageTrek and is provided by third parties such as VoyageTrek’s users, and tour operators. All third-party content and information is the responsibility of the party providing the applicable content and information. VoyageTrek make no representations or warranties regarding any third-party content and information.

As a user of the Web Site and Services, by submitting any content (including without limitation, any photograph, words, pictures, or symbols) or information to VoyageTrek, you grant VoyageTrek a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license, sub-licensable, to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed and promote such content and information in any form on the Web Site and in VoyageTrek’s provision of the Services, or in any other media now known or hereinafter created and for any purpose. The foregoing license includes any personality or publicity rights encompassed in such content (e.g. photography of any individual), and you acknowledge VoyageTrek may use any such content to promote VoyageTrek and/or the Web Site and Services.

By submitting content to VoyageTrek, you represent and warrant that you have sufficient rights to grant VoyageTrek the foregoing licenses and rights, either as the copyright owner or having sufficient permission and license from the copyright owner. You further agree (i) that you are either a customer who went on a tour, or an owner, authorized employee, or authorized affiliate of any tour operator or travel provider for which you are submitting content or information, (ii) to only provide information that you believe to be factually accurate, (iii) to not submit information or content that is obscene, defamatory, libelous, harassing, hateful, pornographic, or in any way unlawful; and (iv) to otherwise comply with all rules and regulations. VoyageTrek is under no obligation to accept or post any registrations or submitted content or information and may remove any content or information from the Web Site or Services in its sole discretion.

You agree to defend, indemnify and hold harmless VoyageTrek, its affiliates, contractors, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content or information you submitted to VoyageTrek, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the content or information you provide or submit, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

DMCA Policy / Notice of Infringement

If you believe any content on the Web Site or Services infringes on any copyright which you own or control, you may file a copyright infringement notice with VoyageTrek’s designated copyright agent pursuant to the Digital Millennium Copyright Act (the "DMCA"):

VoyageTrek Copyright Agent
123 Lake Street South, Suite B-1, Kirkland, WA 98033
Telephone: (425) 605-8898
Fax: (425) 968-9384
Email: info(at)voyagetrek.com

Please provide the following information in any copyright infringement notice (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  • A description of the copyrighted work that you believe is being infringed;
  • A description of the location of the material that you believe is infringing the copyrighted work;
  • Your contact information (please include 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 owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information contained in your notice is accurate and that you are the owner of the copyright or authorized to act on his or her behalf.

VoyageTrek will respond to such notices as required by the DMCA.

If you believe that any content or materials violates any other rights you may have, you may submit a takedown request to the above address.

Links to Third-Party Web Sites: No Endorsements

The Web Site and Services may provide links to third-party web sites. VoyageTrek does not endorse, recommend, or approve any third-party web site linked to, or referenced, on the Web Site. From time to time, VoyageTrek enters into agreements with third parties, such as tour operators and travel providers, to make information about and links to services provided by such third parties available on the Web Site or Services. VoyageTrek does not control any such third-party web sites and is not responsible for any third-party web site, or the contents or any services, resources, or offerings on such third-party web sites.

As a user of the Web Site and the Services, you acknowledge and agree that you have sole responsibility and assume all risk associated with visiting any third-party web site (including via a hyperlink on the Web Site), using the services, resources, or offerings of such third-party web site (including any travel services), as well as all responsibility and risk related to any terms and conditions, privacy policies, or other agreements which govern such thirty-party web sites, resources or services.

As part of the Services, VoyageTrek provides an AdventureMatch service that allows consumers and users of the Web Site to get introduced to tour operators and travel providers that match their interests. Such introductions are not endorsements by VoyageTrek of any company or service and merely for informational purposes only. Regardless of the Services used on the Web Site, VoyageTrek does not endorse any travel provider or warrant any third-party service.

No Representations or Warranties

The information and materials on the Web Site or Services could include technical inaccuracies, be out-of-date, or contain typographical errors. Changes are periodically made to the information on the Web Site or Services but there is no guarantee any information or material will be materially accurate.

VoyageTrek MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OR CONTENT ON THE WEB SITE OR SERVICES, ALL OF WHICH ARE PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. VOYAGETREK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION OR CONTENT ON THE WEB SITE OR SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation on Liability

TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL VOYAGETREK BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.

SPECIAL NOTE: MANY OF THE ACTIVITIES AND TRIPS PUBLISHED ON THIS WEB SITE MAY BE DANGEROUS, HAVE A HIGH RISK OF INJURY AND DEATH, AND/OR NOT BE SUITABLE FOR INDIVIDUALS WITH CERTAIN MEDICAL CONDITIONS. VOYAGETREK, DOES NOT ENCOURAGE OR ENDORSE PARTICIPATION IN ANY ACTIVITY OR TRIP ON THE WEB SITE AND YOU SHOULD INQUIRE AS TO THE SUITABILITY OF ANY TRIP FOR YOUR OWN PARTICULAR CIRCUMSTANCES. VOYAGETREK IS IN NO WAY LIABLE FOR ANY RESULTING DAMAGES, INJURY, OR DEATH FROM PARTICIPATION IN ANY TOUR AND FULLY DISCLAIMS ALL SUCH DAMAGES OR INJURIES. YOU should look solely to the tour provider for any tour-related damages or injury that you may sustain.

Governing Law; Mandatory Arbitration

All claims and disputes related to the Web Site, Services, and/or these Terms of Use will be governed by the laws of the State of Washington, excluding its conflict of law provisions.

You agree that any and all disputes or claims that have arisen or may arise between you and VoyageTrek relating in any way to or arising out of these Terms of Use, the Web Site, or Services, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration (in Seattle, Washington) by the American arbitration association, rather than in court. The Federal Arbitration Act (including the American arbitration association’s Supplementary Procedures for Consumer-Related Disputes) governs the interpretation and enforcement of this agreement to arbitrate.

You acknowledge that you waive your right to a jury trial and otherwise to proceed in a judicial forum with respect to any claims subject to the above arbitration clause. TO THE EXTENT ANY CLAIMS ARE NOT SUBJECT TO THE ABOVE ARBITRATION CLAUSE, THE PARTIES AGREE THAT THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, wASHINGTON WILL HAVE EXCLUSIVE JURISDICTION AND VENUE OVER SUCH CLAIMS.

Changes to These Terms of Use; Discontinuance

VoyageTrek reserves the right to change these Terms of Use at any time by posting new Terms of Use on the Web Site, which will apply to any use of the Web Site or Services as of the time the new Terms of Use are posted. Your use of the Web Site or Services following the posting of any new Terms of Use will constitute your acceptance of any such new terms or revisions. VoyageTrek reserves the right to discontinue, rename, dramatically alter, or transfer ownership of this Web Site at any time without notice. You can contact VoyageTrek via the Contact Us page with any inquiries related to this agreement.

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