Booking Engine User Agreement.
Our online booking engine (“Booking Engine”) is operated by Priceline Partner Network, Inc., which is owned by priceline.com, Incorporated (“PPN”). When using our Booking Engine, you must agree to the Terms & Conditions generated by the Booking Engine. The Booking Engine Terms & Conditions governs the terms of your conduct and information provided when booking travel reservations on the Booking Engine.
Accounts and Registrations.
Ownership of Intellectual Property.
The contents of this Site, including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names (collectively the “Materials”) are the property of Innworks and/or its subsidiaries, licensors, affiliates, assigns, or other respective owners. The Materials are protected under patent, trademark and copyright laws, and the copying, redistribution, use or publication by you of the Materials or any part of the Site, except as described below, is strictly prohibited. The contents and intellectual property ownership of the Booking Engine are governed by the Booking Engine User Agreement.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable license (a) to access and use the Site strictly in accordance with these Terms and any other legal notices on this Site; and (b) to use the Site solely for personal and non-commercial purposes. You may not, and may not knowingly allow any third party to, (i) reverse engineer, decompile, disassemble, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means, resell, or redistribute the Materials without our prior written consent, or (ii) reverse engineer or attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Site or Booking Engine.
Portions of this Site may be developed to permit you and other users to submit, distribute, transmit, upload, post or exchange information on this Site including without limitation, articles, editorials, travel logs, other writings, photographs, audio, video recordings, sound recordings, as well as any accompanying documentation or other materials and all derivative works, translations, adaptations or variations, regardless of the medium submitted (“Content”). You are solely responsible for your Content and must comply with these Terms, including standards for user-generated content ownership and our Code of Conduct and Conduct Standards.
You may not post, submit, upload or otherwise transmit any Content or other information onto the Site that:
- contains a virus or other harmful component or otherwise interferes with, impairs or damages the Site and any individual’s or entity’s use or enjoyment of the Site;
- infringes or violates the right of any individual or entity including, without limitation, any right of privacy, any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right, or any contractual rights;
- is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful;
- constitutes hate speech.
You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
We possess the right to change, use, delete, exploit and distribute any Content in any manner and at our sole discretion. We shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your Content or any ideas, concepts, or other information in your Content. Any and all Content shall become our property and you authorize us to use the Content in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity. When Content is submitted to the Site, you may be asked to provide additional information regarding your submission, which may include information such as your background information or information regarding your pet, a descriptive title, information about the locations visited or contact or detailed information regarding the subject of any submission.
Any Content on our Site does not necessarily reflect our views or opinions. You acknowledge, understand and agree that we shall neither assume nor have any responsibility or liability for any Content or for any claims, damages, injury or losses resulting from the Content, their use and/or appearance on the Site.
User-Generated Content Ownership.
You represent and warrant that your Content is your original work and that you have secured any and all rights, releases and permission necessary for us to use and distribute your Content, regardless of the medium or format submitted. Except for as specifically disclosed by you the Content has not been published elsewhere in the same or substantially similar form. You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for our use and distribution of your Content. Any additional photographs or editorial materials provided by third parties with any Content submission must be disclosed. You further represent and warrant that any statements made by you, including without limitation, any reviews included in your submission; information regarding places or services available to end-users or their pets; contact, pricing, hours, availability, reservation policies, or other requirements or restrictions included in any Content; is, as of the date of the submission, accurate and reliable and the inclusion of such information on the Site will not violate any law or regulation or violate or infringe upon the rights of any third party.
Code of Conduct and Content Standards.
We strive to give our readers and any visitors of its Site or any other related website accurate, unbiased information regarding travel and other services available to users with pets. Readers may rely on the information provided by you and included in any Content, and it is essential that this information be as accurate, thorough and relevant as possible. By submitting Content to us, you agree to follow our Code of Conduct and Content Standards:
- No Content is submitted without doing comprehensive research and fact-checking.
- Only Content that is accurate, reasonable, objective, free of bias or prejudice, and free of gratuitous criticism, will be submitted.
- Every effort will be made by you to avoid compromising Content by receiving discounted or complementary food, travel, lodging or related items over a de minimus value. If any items or services have been discounted, you must disclose any discount in submission of Content.
- You must not accept cash or any other form of payment in exchange for positive editorial coverage or pay any money for acquiring access or information not available to the public in the creation of any Content.
- You must disclose to us any personal or professional activity that could compromise or could appear to compromise the integrity of this Site or the integrity of the Content submitted.
Our Rights to User-Generated Content.
By submitting Content on this Site, you are granting to us a non-exclusive, perpetual, royalty-free, fully paid license to make use of and distribute the Content, as well as your name, voice, likeness and appearance (if any) and any personally identifying information provided in connection with the submission of any Content. You grant to us the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute Content, or any portions, reproductions or versions of the Content on the Site, or any other Site or medium controlled by us an unlimited number of times, in perpetuity, throughout the world, with or without charge or costs to the end-users or other third parties. You also grant us the right to distribute, and license others to use and distribute, your Content in the promotion of our sites, products or services, to the same extent permitted for use and distribution under this Agreement.
Financial Consideration and Compensation.
We reserve the sole and exclusive right to sell advertising and otherwise exploit, benefit from or realize revenue from the conduct of its business and operating the Site or any feature on the Site and all arrangements made with respect to any Content or information on the Site, without accounting, obligation or liability to you. You will receive no compensation from Publisher for any Content submitted unless agreed to in writing between us.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide with the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your name, physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notices with respect to this Site should be sent to Innworks, Inc., ATTN: Teresa M. Sanders, PO Box 131330, Saint Paul, MN 55113-0012.
Errors, Corrections and Changes.
We do not represent or warrant that access to and use of the Site will be uninterrupted, or that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. In no event shall we be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the operation of or your use of the Site, for any damage arising in connection therewith, or for any results obtained from the use of the Site.
User Release and Indemnification.
After the submission of any Content, you waive any right of inspection or approval of any Content submitted prior to our use or distribution of the Content. You acknowledge that we will rely on these Terms and you waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted in these Terms. You agree to indemnify, defend and hold us harmless from any and all claims arising from (a) our use and distribution of your Content and all submissions made by you under these Terms and (b) any breach by you of these terms.
Information on the Booking Engine.
The information on the Booking Engine that refers to city attractions, things to do, hotel accommodations, restaurants and other services and travel products is the property of, and is supplied by, third-party suppliers that are not under our control. We do not independently verify, and do not guarantee, the accuracy of the information that we receive from such third parties. All information, prices and availability are subject to change without notice. All policies of the travel supplier, especially those relating to dog acceptance, should be verified in advance of your purchase.
Links to Other Websites.
The Booking Engine may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. We are not responsible for the accuracy of opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Booking Engine does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Booking Engine to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
Warranty and Limitation of Liability.
ALL CONTENT SUBMISSIONS AND ANY MATERIALS ON THIS SITE OR CONTROLLED BY US ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOUR SUBMISSION OF CONTENT IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT, ANY REPRESENTATIONS OR OBLIGATIONS REGARDING ANY CONTENT SUBMISSION AND FOR ANY DAMAGES TO COMPUTER SYSTEMS OR LOSS OF CONTENT SUBMISSIONS OR DATA SENT TO US. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE OR ANY MATERIAL, SOFTWARE OR ITS CAPABILITIES, INFORMATION, OR DATA MADE AVAILABLE TO YOU OR ANY RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THE PERFORMANCE OR FUNCTIONALITY OF THE SITE OR ANY CONTENT CONTAINED ON THE SITE.
THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH THE BOOKING ENGINE ARE INDEPENDENT CONTRACTORS AND ARE NOT OUR OR OUR AFFILIATES’ AGENTS. WE AND OUR AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE WHATSOEVER OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FROM TIME TO TIME, ACCESS TO THE BOOKING ENGINE (OR ANY PORTION THEREOF) MAY BE SUSPENDED WITHOUT PRIOR NOTICE. YOU AGREE THAT WE AND OUR AFFILIATES WILL HAVE NO LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, MISQUOTED RATES OR POLICIES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS, PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND OUR OR OUR AFFILIATES’ CONTROL, AND FURTHER THAT WE AND OUR AFFILIATES WILL NOT HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
WE EXPRESSLY DISCLAIM ALL LIABILITIES FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE, HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM.
Governing Law, Venue and Jurisdiction.