Terms of Use for Dream Destinations
1. OWNERSHIP. This site, and each of its components, is the copyrighted property of In and Out Travel, and/or its various third party providers and distributors. Portion of the content found on this site is owned by third party providers and distributors and, specifically, certain data relating to travel and travel related information is the copyrighted work of third party providers. None of the content or data found on this site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of In and Out Travel and/or its third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of In and Out Travel their affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of In and Out Travel or such other party that may own the Trademarks.
2. USE OF SITE. You may only use this site to browse the content, make inquires to In and Out Travel, legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of IN AND OUT TRAVEL, except that you may download, display and print one copy of the materials presented on this site on a single computer for your personal, non-commercial use only. "Deep-linking", "embedding" or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
4. PRIVACY POLICY. You have read the In and Out Travel Privacy Policy [http://www.inandouttravel.com/privacy.htm], the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to In and Out Travel by In and Out Travel and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the In and Out Travel Privacy Policy.
5. EXCLUSION OF WARRANTY. IN AND OUT TRAVEL AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. IN AND OUT TRAVEL AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
6. LIMITATION OF LIABILITY. LIMITATION OF LIABILITY. IN AND OUT TRAVEL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL IN AND OUT TRAVEL OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY IN AND OUT TRAVEL OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
7. INDEMNIFICATION. You shall defend and indemnify In and Out Travel and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought third parties as a result of your use of this site.
8. LINKS. This site contains links to other web sites which are provided solely as a convenience to you and are not necessarily an endorsement by In and Out Travel its third party providers or distributors of the contents of such other web sites. Neither In and Out Travel nor any third party provider or distributor shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites or participate in any offers or programs via such web sites, you do so at your own risk.
9. SUBMISSIONS. "Submissions" means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to In and Out Travel regarding the services of In and Out Travel. Submissions will not be confidential and will become the property of In and Out Travel upon submission to In and Out Travel. By providing any such Submissions, you agree to assign to In and Out Travel, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to In and Out Travel will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not In and Out Travel, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. In and Out Travel does not prescreen or monitor any Submissions as a matter of policy.
10. RELATIONSHIP. "Submissions" means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to In and Out Travel regarding the services of In and Out Travel. Submissions will not be confidential and will become the property of In and Out Travel upon submission to In and Out Travel. By providing any such Submissions, you agree to assign to In and Out Travel, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to In and Out Travel will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not In and Out Travel, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. In and Out Travel does not prescreen or monitor any Submissions as a matter of policy.
11. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of New York, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Suffolk County, the state of New York, United States of America, in all questions and controversies arising out of your use of this site and this Agreement.
12. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
13. MODIFICATION. In and Out Travel may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use
14. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
15. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
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