Terms of Service
1. Acceptance of Terms
By using the Web site, (“MyTravelshot.com”) you agree to be bound by and comply with the Terms of Service. If you do not agree with any part of the Terms of Service, you must not use the Web site.
MyTravelshot.com reserves the right to change the Terms of Service from time to time at our sole discretion. Changes to the Terms of Service will become effective when posted to this Web site. You agree to review these Terms of Service periodically to become aware of any changes and your use of the Web site following the posting of such changes will signify your assent to such changes. You agree that the aforementioned process for notification of changes to the Terms of Service is reasonable. If you do not agree with any change to the Terms of Service, you must immediately cease use of the Web site and if you are a registered user of the Web site (hereinafter referred to as a "Member"), notify MyTravelshot.com that you are terminating your membership. The unrevised Terms of Service shall continue to apply to all past use of the Web site by you, even if you are no longer using the Web site.
In order to submit travel content and to obtain certain other services from the Web site, you must first register and become a Member of the Web site ("Membership"). In consideration of your use of the services, you represent that you are of legal capacity to form a binding contract and are not a person barred from receiving services under the laws of The Netherlands or other applicable jurisdiction.
You also must be at least 13 years of age in order to use the services. You also agree that in registering for Membership, you will: (a) provide true, accurate, current and complete information when completing any registration form, and (b) maintain and promptly update such information so it remains true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyTravelshot.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyTravelshot.com has the right to suspend or terminate your Membership and refuse any and all current and future use of services.
4. Login and Security
As part of the registration process, you are required to designate a user name and password. You are responsible for keeping your user name and password confidential. You are also responsible for all activity occurring through use of your account and/or password. You agree to immediately notify MyTravelshot.com of any actual or suspected unauthorized use of your user name and password. MyTravelshot.com will not be responsible for any loss to you arising from your failure to comply with the above. You understand that you are responsible for all uses of the Web site by you and those using your login information.
6. User Conduct
Without limitation, MyTravelshot.com reserves the right to terminate your access to and use of the services if, in MyTravelshot.com’sview, your conduct fails to meet any of the following guidelines:
- You certify that you are 13 years of age or over. All those individuals under 13 years of age will need a full release form from their parents before posting any material. This is in compliance with the Children’s Online Privacy Protection Act of 2000 (COPPA).
- All content posted at this site are the sole opinion and responsibility of the poster.
- When you add any content to our system, you are granting a soft license to the site to use it. This is non-exclusive, you reserve all rights for any other use of your material.
- You should hold the right to post any content in any form on our system, this means that if you are not the copyright holder of the content (photograph text etc) you must ensure that it is content in the public domain, or that you have permission to use the content.
- Personal exposure. Anyone posting another members personal details or electronic details (e-mails, social networking links etc) without permission will be banned.
- All material may be moderated or removed for foul language and commercialized promotional posts.
- Always be respectful of other users, the system, and the moderators.
- Links to adult content, pages with links to adult content, or material describing anything against internationally accepted laws will be removed as soon as appropriate.
- You agree not to hold MyTravelshot.com or it's members liable for anything stated within the forums or journals.
- In the event of a court order, or request from legitimate authorities, MyTravelshot.com will co-operate and will divulge information such as, full name and e-mail address. In other cases MyTravelshot.com will protect its members and their privacy as much as possible.
- You are responsible for your own posts and content uploaded, you are responsible for any repercussions faced by uploading any content.
- Claims of action, flames, and calls to action against any company or person may be removed - again on a case by case basis.
- MyTravelshot.com does not allow any direct 'relationship' requests - there are many 'dating websites' available specifically for this purpose.
- Do not post e-mail addresses in posts. The moderators will remove these when seen. This is for your benefit not ours.
- Insults and/or exposure of personal information should not be made where the individual is identifiable on MyTravelshot.com. Do not upload photos or videos of people and negatively comment on them if that person is identifiable. Do not post the full name (or give information that would make them easily identifiable) of someone and then proceed to insult or reveal details of their private lives (without permission).
- Do not post content that is patently derogatory or demeans another person’s race, ethnicity, nationality, gender, religion, sexual orientation, or other status.
Photos and Videos
- You may only upload media to the MyTravelshot.com Website where you are the owner or copyright holder of the media or have explicit permission from the copyright holder.
- Media should not be uploaded if they are of other people in compromising situations (unless with permission).
- Nude photographs or videos should not be included, pornographic or explicit images should not be uploaded. Media that break these rules will be removed at the moderator’s discretion. Some exceptions can be made.
- Photos or videos of people with insulting or inflammatory captions should not be added. Moderators may remove such photos with out notice.
- Be descriptive, specific, and succinct in your postings.
- No press releases, newsletters, web pages, images, or copyrighted content may be inserted into MyTravelshot.com comment posts. Minor fair use excerpts of less than one paragraph (4 sentences) may be used if the content is publicly available. A link to the content is acceptable and appropriate.
- Please donot drop promotional URLs, signature files, or specifics that would lead people to commercial sites. Signing your name is fine, however commercialized posts or resume signatures will be edited.
- Please keep your language clean and decent. This includes personal inflammatory language as well as obscenities.
- Please stay within the topic area in your posts.
- Please try to choose a location as close to the actual location as possible.
- Since this is interactive, and everyone who participates in MyTravelshot.com is "in it together", please treat others the way you wish to be treated. One way to guard against misunderstandings is to read over your response before you post it. Flaming: flaming or personal attacks are not allowed or tolerated. Should anyone use inappropriate language, start a personal attack, or engage in hate speech, they will be banned from MyTravelshot.com.
- The journals are not a venue for advertisements in any way. It will be the sole discretion of MyTravelshot.com and its moderators as to what constitutes an advertisement.
- Discussions about moderator or administrator actions are welcome in e-mail or local private messages, but should not be discussed in public comments. This is out of respect for the members and moderators or policy involved.
- Posts will only be removed at the discretion of the moderators. You can not un-say something in a conversation, the comment here is the same.
- All posts should be in English. This is due to the forum moderation responsibilities.
- Signing up a user name that is an obvious domain name or product name will be removed. This is out of unfair promotion considerations as well as trademark implications.
- Creating fake accounts in the names of celebrities or high-profile persons will not be allowed, unless you genuinely share the name.
- Accounts maybe locked or banned at any time by the site administrators.
- Media and accounts will be removed on request of the owner.
- In the event of a dispute or complaint, MyTravelshot.com may place your account into a private state while the complaint is reviewed. Please take our recommendations after the review seriously, as it may stop further possibly legal action by third parties.
Privacy and Respect
- MyTravelshot.com will attempt to ensure that private albums and media remain out of the public version of the site, but offers no guarantees.
- No photos, text or videos that you need to be private should be posted on MyTravelshot.com.
- Administrators of the site have access to all material posted on the site, though this power is used sparingly.
- For our part we will do our best to protect your privacy and respect your posts and comment. We will not edit or otherwise misrepresent what you write without cause.
- We will make a best endeavor to protect your privacy including keeping your e-mail address private and your mailbox free from spam.
- We will not sell your or any e-mail address.
- We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, e-mail address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
Copyright and Ownership
- Posting on MyTravelshot.com grants us a non-exclusive royalty free right to display your media and journals.
- You maintain copyright of all your photos and text. This means they can be republished where and when you choose.
- You maintain the right to remove or edit posts at any time.
- You may only upload media to the MyTravelshot.com Website where you are the owner or copyright holder of or have explicit permission from the copyright holder. Fair-use laws apply for public domain, and summarized versions of content.
- You grant MyTravelshot.com a non-exclusive, royalty-free, license to redistribute and publish on the MyTravelshot.com Web site.
- We will occasionally use screen shots of your content for promotional purposes both online and offline.
- We will place discreet adverts alongside much of the content you post on MyTravelshot.com.
- We will make our best effort to ensure that the advertising is in context, tasteful and respectful of the varying views of our members.
As part of the services, members have the opportunity to submit information and material regarding their travel experiences. By submitting travel media, recommendations, opinions, reviews, directories, guides, text, photographs, illustrations, images, video clips, messages or other materials to the Web site ("Member Content"), you warrant that: (a) you are the owner of such Member Content, or have been granted all the rights necessary from the owner (and subject matter, if applicable) thereof to submit such Member Content to the Web site and for the use by MyTravelshot.com as stated herein, and (b) the use of such Member Content by MyTravelshot.com will not infringe the intellectual property rights of or otherwise violate the rights of any third party.
MyTravelshot.com does not claim ownership rights to any of the Member Content. By submitting Member Content to the Web site, and in consideration of the substantial time, effort and funds expended by MyTravelshot.com to create the Web site and offer you the services, you agree, with respect to any Member Content that you elect at any time to not designate as private ("Public Content"), to hereby grant to MyTravelshot.com (or warrant that the owner thereof has granted to MyTravelshot.com), a non-exclusive, royalty-free, perpetual, irrevocable, license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, and create derivative works of, any such Public Content, for any purpose whatsoever, including, without limitation, a commercial purpose, and in any form of media, without any compensation to you, and to sublicense any of the foregoing rights and licenses. You hereby agree to waive your moral rights in Public Content submitted by you, and warrant that you have obtained the waiver of moral rights from everyone who may have such rights in such Public Content. Without limiting the foregoing, you acknowledge and agree that Public Content submitted by you may appear on Web sites owned by MyTravelshot.com’ s strategic partners and who have been authorized by MyTravelshot.com to display and publish such content under the partner's own brand or trade name.
MyTravelshot.com does not pre-screen or review Member Content before it is posted to the Web site. You understand that MyTravelshot.com will have the right to screen, refuse or remove any Member Content, in whole or in part, from any portion of the Web site.MyTravelshot.com reserves the right to disclose any Member Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary or other right or any other harm resulting from your use of the Web site and your submission of Member Content.
8. Proprietary Rights
The Web site is owned and operated by MyTravelshot.com and the arrangement and compilation of the content found on the Web site is the copyrighted property of MyTravelshot.com. The content on the Web site is owned by MyTravelshot.com and/or its members. The trademarks, logos and service marks displayed on the Web site are the registered and common law trademarks of MyTravelshot.com and various third parties and may not be copied, imitated or used, in whole or in part, without their respective owner's prior written permission.
No copyrighted material or other content may be reproduced, modified, used to create derivative works from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution via a third party Web site or other networked computer environment) without the express prior written consent of MyTravelshot.com and/or its members.
9. Advertisements, Links and Services
The Web site may contain hyperlinks to third party web sites and/or ads generated by third parties. The presence of these hyperlinks and ads does not constitute endorsement by MyTravelshot.com, its subsidiaries and affiliates of the products, services, opinions, or views expressed by these third parties and MyTravelshot.com does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, MyTravelshot.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Neither MyTravelshot.com nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, MyTravelshot.com will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the use, exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites or any of the products or services offered by such third parties.
10. Termination of Service
MyTravelshot.com may discontinue the Web site and/or any of the services at anytime in its sole discretion, with or without notice. Additionally, MyTravelshot.com may suspend or terminate status as a member and/or deny your access to, or use of content or the services, without prior notice and in its sole discretion, if MyTravelshot.com reasonably believes that: (1) your conduct has violated any provision of the Terms of Service; or (2) you have violated or misappropriated any of MyTravelshot.com’ s or any third party's rights. Such right of termination shall in addition to, and not be lieu ???of, any other right to relief or remedy to which MyTravelshot.com, its affiliates or its third party providers, partners or distributors may be entitled at law or in equity.
To the fullest extent permissible pursuant to applicable law, the web site and the information, software, products and services associated with it are provided "as is." MyTravelshot.com, its affiliates, and their respective officers, directors, employees, agents, representatives, disclaim any warranty, representation and condition of any kind, whether express or implied, as to any matter whatsoever relating to the web site and any information, software, products and services provided herein, including without limitation the implied warranties and conditions of merchantability, merchantable quality, satisfactory quality, fitness for a particular purpose, title, and noninfringement, whether arising by law, statute, use of trade or course of dealing. Use of this website and the services offered herein is at your own risk. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
12. Limitation of Liability
To the fullest extent permissible pursuant to applicable law, MyTravelshot.com, its affiliates, and their respective officers, directors, employees, agents, representatives, shall not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of the web site, including the services, or with the delay or inability to use the web site, or for any information, software, products and services obtained through the web site, or otherwise arising out of the use of the web site, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if MyTravelshot.com, its affiliates, and their respective officers, directors, employees, agents, representatives, have been advised of the possibility of damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend and hold harmless MyTravelshot.com its officers, directors, shareholders, affiliates, employees, consultants, agents, content providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney's fees) arising from your failure to comply with the Terms of Service, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, content provided by you or from your violation of any applicable law.
14. Governing Law
The Web site (excluding linked sites) is controlled by MyTravelshot.com from the Netherlands. By accessing this Web site, you agree that all matters relating to your access to, or use of, the Web site shall be governed by the statutes and laws of the Netherlands, without regard to the conflicts of laws principles thereof. Any controversy, dispute or claim (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to the Terms of Service or the Web site, including the services, will be referred to and determined by a sole arbitrator.
If there is a dispute between participants on the Web site, or any third party, MyTravelshot.com is under no obligation to become involved. In the event that a member has a dispute with one or more members or a user of the Web site, such Member hereby releases MyTravelshot.com its officers, employees, agents, successors and assigns from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
15. Entire Agreement
If any portion of the Terms of Service shall be held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable from the Terms of Service and the legality, validity, and enforceability of the remaining provisions contained herein shall not be in any way affected or impaired thereby.
MyTravelshot.com may assign its rights and obligations under the Terms of Service to any party without your consent. The Terms of Service will inure to the benefit of MyTravelshot.com, its successors and assigns.