By accessing and using the TravelFoss Website https://www.travelfoss.com (the "Website") or services, including our Website, email notifications, TravelFoss applications, traveler profile, and community (collectively, the "Services"), and any information, texts, links, graphics, photos, videos or other materials appearing on the Services (collectively, the "Content") you are agreeing to be bound by the following Terms and Conditions (the "Terms") and all the documents incorporated by reference herein (the "Entire Agreement").
As used in the Entire Agreement, "we", "us", "our" and TravelFoss means the TravelFoss Company (Company Identification number 42465001), a Romanian company with its registered office located at bd. Octavian Goga 12, Bucharest 030983, Romania), and "you", "your" and "Traveler" means you as an individual or your business (if you are singing up on behalf of a corporation or other legal entity).
If applicable, TravelFoss shall maintain an electronic copy of the main details referring to the relevant actions accepted and engaged by you through the Services, which can be made available to you upon written request. Accordingly, we recommend that you print or save a copy of this Entire Agreement for future reference.
In consideration for your acceptance of the Entire Agreement, TravelFoss grants you a personal, non-exclusive, non-sublicensable, non-transferable, non-assignable, worldwide, royalty-free, revocable license to access and use the Services solely for your own personal purposes in accordance with the provisions set forth hereto.
The Services are protected by copyright, trademark, and other laws. Nothing in the Entire Agreement gives you a right to use the TravelFoss name or any of the TravelFoss trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of TravelFoss. Any feedback, comments, or suggestions you may provide regarding TravelFoss, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You may from time to time provide TravelFoss with suggestions, comments, recommendations, improvements, features, bug fixes, concepts, techniques, solutions, ideas, know-how and/or any feedback regarding the Services, the Website and/or any of TravelFoss' related technologies ("Feedback"). Any and all Feedback is and shall be given entirely voluntarily. As between the you and TravelFoss, all Feedback shall be exclusively owned by TravelFoss, and you hereby make all assignments necessary to accomplish the foregoing ownership, and as a result TravelFoss shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly or otherwise), distribute and otherwise use and exploit any and all such Feedback as it deems appropriate, at its sole discretion, without obligation or liability of any kind to you.
You may access and use the Services only in accordance with the Entire Agreement. In addition, you may not do any of the following while accessing or using the Services:
You may need to create an account to use some of our Services. By completing the registration process, you agree to provide TravelFoss with accurate and complete registration information and to promptly notify TravelFoss in the event of any changes to any such information.
You are solely responsible for keeping your password secure, for all activity in connection with your Account or using your password, and for the security of your computer systems. In no event shall TravelFoss be liable for any loss or damages from your failure to maintain the security of your Account and password.
You acknowledge that TravelFoss will use the email address that you provide on registration or as update by you inside your Account as the primary method for communication with you. The account email address that you provide to TravelFoss must be capable of sending and receiving messages and you must monitor the Account email address.
You are responsible for any Content you provide in connection with your use of the Services, including compliance with applicable laws, rules, and regulations. You warrant, represent and covenant that you own or have a valid and enforceable license to use all Content, and that no Content infringes, misappropriates or violates the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
We reserve the right to remove Content that violates this Agreement or the Community Guidelines, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found in our Community Guidelines (https://www.travelfoss.com/guidelines).
You retain all right, title, and interest in and to any Content you submit, post or display on or through the Services.
By uploading, submitting, posting or entering any Content on or through the Services, you give TravelFoss (and those it works with) a non-exclusive, worldwide, royalty-free and fully-paid, transferable and sublicensable, perpetual, and irrevocable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed. This license authorizes us to disclose that information as broadly as possible, and to take actions that might increase our audience, promote TravelFoss, attract more travelers to the Services, and to your Traveler profile. Such additional uses by TravelFoss is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. This license does not authorize TravelFoss to sell your Content as is.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant TravelFoss the license described above.
This Agreement shall continue until you delete your Account and discontinue your use of the Services or until terminated by TravelFoss. Your cancellation will be effective immediately, subject to applicable law, and you may no longer use the Services.
TravelFoss may deny you access to all or any part of the Services or terminate your account with or without prior notice, at any time for any or no reason, including, but not limited to, if you engage in any conduct or activities that TravelFoss determines, in its sole discretion, violate this Agreement or the rights of TravelFoss or any third party, prolonged inactivity, or is otherwise inappropriate.
Upon termination of your Account for any reason, your right to use the Services and to access the Website and any of its content will immediately cease and all content in your TravelFoss account will be deleted. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.
We may revise these Terms and Conditions from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://www.travelfoss.com/terms, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, via email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
You shall indemnify, release and hold harmless TravelFoss and its parents, subsidiaries, affiliates, licensors and suppliers, and each of their respective officers, directors, employees and agents, from and against any loss, liability (including settlements, judgments, fines and penalties) and costs (including reasonable attorney fees, court costs and other litigation expenses) relating to any claim or demand made by any third party due to or arising out of your access to the Website, use of the Services, violation of this Agreement, or infringement of any intellectual property or other right of any person or entity.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAVELFOSS, ITS LICENSORS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE. YOU AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR OWN SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRAVELFOSS AND ITS LICENSORS AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENATION AND DISCLAIM ALL RESPONSABILITY AND LIABILITY FOR: (i) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (ii) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; (iii) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES; AND (iv) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. No advice or information, whether oral or written, obtained from the TravelFoss or through the Services, will create any warranty or representation not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAVELFOSS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRAVELFOSS EXCEED THE GREATER OF AMOUNT YOU PAID TRAVELFOSS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TRAVELFOSS AND YOU. YOU UNDERSTAND THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
CERTAIN STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF A SPECIFIC STATE OR COUNTRY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. THE FOREGOING SECTIONS TITLED "WARRANTY DISCLAIMERS" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED BY LAW.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TRAVELFOSS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The Entire Agreement shall be governed by and constructed in accordance with the laws of Romania. Any dispute, controversy or claim arising out of or relating to the Entire Agreement, or the breach, termination or invalidity thereof, you and TravelFoss shall seek to solve amicably through negotiations. If you and TravelFoss do not reach an amicable solution within two (2) weeks, the courts located in Bucharest, Romania shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Entire Agreement.
These Terms and Conditions and any other terms applicable in regard to your usage of the Services and the rights and obligations herein shall be binding upon and inure to the benefit of the parties to the Terms and Conditions and to their respective heirs, successors, permitted assigns and legal representatives. You shall have no right to assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, by operation of law or otherwise, to any third party without the prior written consent of TravelFoss, to be given or withheld in TravelFoss' sole discretion. TravelFoss may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or stock without notice to you or consent from you.
If any one or more of the provisions of this Agreement are for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall be unimpaired and shall remain in full force and effect, and the invalid, illegal or unenforceable provision(s) shall be replaced by a valid, legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision(s), and the Terms and Conditions will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms and Conditions.
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. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
These Terms and Conditions and the documents incorporated by reference constitutes the entire agreement between TravelFoss and you with respect to its subject matter, and supersedes all prior communications and proposals, whether electronic, oral or written, between TravelFoss and you. No waiver or modification of any of the provisions of this Entire Agreement shall be binding unless in writing and signed by a duly authorized representative of each party.
All sections of these Terms and Conditions that by their nature should survive termination will survive such termination.