READ ALL TERMS AND CONDITIONS CAREFULLY. THIS IS A LEGAL AND BINDING AGREEMENT TO ALL USERS OF THIS WEBSITE
Effective Date: February 15,2015
Thanks for visiting our website www.time4click.com (the “Site.”)
Your access and use of the Site are subject to these general terms and conditions (“Terms.”)
The Site is owned and operated by CLICK GLOBAL SERVICES LLC, a Florida Limited Liability Company also doing business under the fictitious name of TIME 4 CLICK (hereinafter referred to as “TIME 4 CLICK.”)
TIME 4 CLICK, through the Site, provides a web-based platform where customers will be able to research and gather information as to touristic and travel services, such as hotel accommodations, vacation homes and condo rentals, theme parks admissions, excursions, tickets for events, transfers, car rentals, cruises and related goods and services (“Touristic Services”) as well as making reservations and/or booking touristic services (and paying for such) with companies devoted to the provision of such Touristic Services, such as carriers, hotels and providers of lodging accommodations, cruise lines, providers of other touristic services (such as excursions) whether as wholesalers, retailers and/or operators of such Touristic Services (“Third Party Touristic Suppliers” or “Providers.”)
TIME 4 CLICK is not a supplier of Touristic Services. Rather, TIME 4 CLICK is merely a provider of the Site, where, as a result of web-based integration, You, as a customer, may access information for Touristic Services, and may interact with Third Party Touristic Suppliers by making inquiries, reservations, booking Touristic Services and managing your orders for Touristic Services. Therefore, when You reserve, and/or book Touristic Services by using the Site, You are, upon Your selection, contracting directly with the relevant Third Party Touristic Supplier and not with TIME 4 CLICK. The web-based integration results in the transmission of data (information, including personal information, booking and payment information, booking request and acceptance, among other data) between Our Site and data coming from and going to servers maintained by Third Party Suppliers. Those servers can be located within or outside the United States. Therefore, the Site is merely a means of web-based integration where You can interact with the Third Party Suppliers.
The Third Party Touristic Suppliers are independent parties and are not agents or employees of TIME 4 CLICK.
The expressions “We,” “Our” or “Us,” and similar expressions, are referred to TIME 4 CLICK. The expressions “You,” “Your” or “Yours,” and similar expressions, are referred to the individual accessing the Site, and/or the legal entity obtaining information and/or conducting transactions through the Site. These Terms apply to all visitors, and/ or users of the Site, whether a potential or actual customer. If You are an individual accessing the Site on behalf of a legal entity, You represent and warrant that You have the authority to bind that legal entity to these Terms and, in such event, “You,” “Your,” “Yours”, will refer and apply to that legal entity, as well as to the individual accessing the Site. Access to and use of the Site is restricted to persons of legal age.
You will only use the Site to carry on research as to the offer and availability of Touristic Services, and to make legitimate reservations for You or for another person(s) for whom you are legally authorized to act. You will inform such other person(s) about these Terms and to the terms that apply to the reservations you have made on their behalf, including all rules and applicable restrictions.
These Terms contain provisions that govern how You and TIME 4 CLICK shall resolve any dispute that may arise between You and TIME 4 CLICK as a result of Your use of the Site (see Dispute Resolution Section below.) The Dispute Resolution Section contains an Agreement to Arbitrate, which will, with limited exception, require You to submit claims against Us to binding and final arbitration. In all circumstances, You will only be permitted to pursue claims against Us on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding, and You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
These Terms apply to You, as a person and/or entity accessing and using the Site, regardless whether such person or entity has applied and/or obtained a registration as a registered user, or not, within the Site. The mere research and gathering of information by virtue of the Site will be deemed as use of the Site, and therefore, covered by these Terms.
You acknowledge and agree that, by accessing and/or using the Site, or by posting any content on the Site, You are indicating that You have read, understood and agreed to be bound by the Terms in effect at the time of Your visit to the Site and/or at the time of the relevant transaction, whether or not You have registered with the Site. You are charged to read and understand the Terms at the moment of Your visit to and use of the Site. Terms relevant to restrictions, prohibitions, and reservation of rights shall survive Your access to the Site and any transaction conducted by virtue of the Site.
The Terms constitute a binding agreement between You and TIME 4 CLICK, as provider of the Site. If You do not agree to these Terms, then You have no right to access and/or use the Site, and You cannot research and/or book any reservation through the Site.
In addition, because the Site offers the possibility to contract Touristic Services with Third Party Touristic Suppliers, You will also be bound by the particular terms, conditions and policies of such third party providers.
The Site is proprietary for the benefit of TIME 4 CLICK, and subject to Intellectual Property laws. TIME 4 CLICK is the sole owner of all rights, title and interest in and to the Site, and content posted by TIME 4 CLICK within the Site. You may make personal copies of details of Touristic Services booked through The Site, such as itineraries, receipts, etc. Other than that limited right, You will not copy, transmit, use, reproduce, sell or otherwise exploit any of the contents included on the Site, such as images, text, graphics or logos. We reserve every right over the Site, its content, Our trademarks and service marks, trade dress (whether registered or not) as well as over any other proprietary information, such as protectable trade secrets. Unless explicitly agreed to in a separate document, You will not have any right to such proprietary information, and You will not be able to use it for any commercial, or any other purposes, without Our prior written consent. We reserve every right over our trademark, namely, TIME 4 CLICK™, and We reserve the right to use and prosecute additional trademarks and copyrights. By using the Site You disclaim any right over the referred trademarks, and any other trademark that We may include and use within the Site in the future.
Trademarks and service marks not owned by TIME 4 CLICK that appear on the Site are the property of their respective owners, and may not be used without their prior written consent.
Special Terms and Conditions
Access to certain additional services may have different, and/or additional terms and conditions posted, or may require You to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area or for specific services, the specific terms shall control with respect to those specific services.
Our Privacy and Data Policy
Our Privacy and Data Policy may be found at the Site, as it is clearly made available at the Home Page of the Site. The same is incorporated into these Terms. We encourage You to read Our Privacy and Data Policy.
Modifications to these Terms and/or to the Site
TIME 4 CLICK reserves the right, to modify, discontinue or terminate the Site or to modify these Terms, and any other terms and conditions and/or policies, at any time and without prior notice. You are charged to read and verify the Terms at the moment of Your visit and/or use of the Site, as the Terms may vary at any time. If You are a registered user within the Site, TIME 4 CLICK may, but is not obligated, to provide You with a notification as to such modifications. TIME 4 CLICK will update the “Effective Date” information upon modification of these Terms. If the modified Terms are not acceptable to You, You should cease accessing and using the Site.
General Nature of the Services Provided by the Site
TIME 4 CLICK shall be solely a provider of the Site, namely, a web-based platform where You, as customer will be able to research and gather information as to Touristic Services as well as to make reservations and/or booking Touristic Services from Third Party Touristic Suppliers. Therefore, TIME 4 CLICK will not be a party on those transactions for the booking of Touristic Services.
TIME 4 CLICK may participate in specific transactions, but, unless explicitly otherwise stated, shall solely perform as facilitator and/or provider of services incidental to the Touristic Services, such as logistics services, insurance, payment services, as well as serving as a conduit of information between users of the Site. Those incidental services shall not modify TIME 4 CLICK’S limited role in the relevant transaction.
Account Registration and Guest Users
To request and book Touristic Services You must first register and create a User Account (“User Account.”) During the registration process for a User Account You will be required to provide certain information and You will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You certify and attest that all information You provide about You under Your User Account, such as Your name, last name, and other personal information, is true and accurate and pertains to You. You cannot use aliases or provide information which is untrue, misleading or deceiving.
Your User Account is not transferable. Only You, as registered user, can use Your User Account. You shall not share Your User Account, nor make it available, to third parties.
Without logging into a User Account You will be able to access the Site as a “Guest User” to research and gather information as to Touristic Services, but You will not be able to request and book Touristic Services.
Both, holders of a Client Account (and thus, registered users) as well as Guest Users shall be equally bound by these Terms, as well as any other applicable terms, conditions and/or policies.
You hereby consent to receive communications from Us by electronic mail (e-mail.) You agree that all agreements, notices, disclosures and other communications that We provide to You by electronic mail (e-mail) satisfy any legal requirement that such communication be in writing.
TIME 4 CLICK is not under the obligation to maintain any account, or to provide services, and TIME 4 CLICK may, at will, discontinue access to the Site to any user (either a registered user or a guest user) with, or without reason. Thus, TIME 4 CLICK reserves the right to temporarily suspend, or cancel for indefinite time, Your account, and without prior notice to You. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue Our services. You may also cancel Your account at any time, and the Site will provide instructions to cancel Your Account. If Your User Account or Your use of the Site shows signs of fraud, abuse or suspicious activity, TIME 4 CLICK may cancel any travel or reservations associated with your User Account, Your name or e-mail address, and TIME 4 CLICK may close any associated User Accounts. If you have conducted any fraudulent activity, TIME 4 CLICK reserves the right to take any necessary legal action and you may be liable for monetary losses to TIME 4 CLICK, including litigation costs and damages.
In any event of cancellation of Your account, You will be bound by these Terms as to any transaction concluded by virtue of the Site, and You will remain liable for any amount due as per those transactions. Restrictive covenants, prohibitions, and reservation of rights shall survive cancellation or suspension of any Account. Also, any provision that, as per its own nature, may survive the cancellation or suspension of Your Account shall so survive such cancellation or suspension.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by You, as client, and TIME 4 CLICK.
Password and Data Security
You are responsible for safeguarding Your password. You agree not to disclose Your password to any third party, and to take sole responsibility for any activities or actions under Your account, whether or not You have authorized such activities or actions. You will immediately notify TIME 4 CLICK of any unauthorized use of Your account. WE STRONGLY SUGGEST YOU TO CHOOSE A PASSWORD APPLICABLE ONLY TO YOUR USER ACCOUNT IN CONNECTION TO THE SITE, AND WE STRONGLY DISCOURAGE THE USE OF A PASSWORD (OR A VARIATION), YOU MAY BE USING FOR OTHER WEBSITES, ELECTRONIC MAILS, AND/OR OTHER PURPOSES. While We attempt to use current technology to avoid any undue access to Our Site, and/or to a User Account, We cannot guarantee that such unauthorized access will not occur. Malicious access by the part of third persons intruding into Our Site and or data (Hackers’ attacks) are not always preventable, and You assume all risks associated with accessing the Site, using our research and booking tools, providing information to Us via the Site, and the collection of other data through the Site by virtue of Your access to the Site.
Booking Touristic Services through the Site and Providers of Touristic Services
If You want to research, reserve, and/or book Touristic Services through the Site You are doing so with a Third Party Touristic Supplier, not with TIME 4 CLICK, as TIME 4 CLICK is not a provider of Touristic Services.
TIME 4 CLICK may provide, and/or facilitate services incidental to the booking of Touristic Services, such as logistics services, payment services, insurance, among other necessary incidental services, as well as serving as a conduit of information between customers and Third Party Touristic Providers. The provision of those incidental services by the part of TIME 4 CLICK shall not alter TIME 4 CLICK’s limited role in the relevant transaction. However, You, as Client, must use such incidental services, as made available by Us and as per TIME 4 CLICK’s then current policies, and You must carry on the transaction through the Site. You should not circumvent the incidental services provided by the Site to conclude transactions arranged by virtue of the Site. We reserve the right to earn a profit for the provision of, and/or referral to, those incidental services.
You, as user of a Client Account, may book Touristic Services from Third Party Touristic Suppliers. The Site, by virtue of web-based integration will interact upon Your request and will confirm, or not, Your request. Such interaction can be immediate, or not. Therefore, there is no contract for Touristic Services with the Third Party Touristic Suppliers until You receive a written confirmation of Your order. The Site will prompt to review and to confirm Your request, allowing the opportunity to see specifics of Your order before a final submission. Then the Site will prompt You to check out and to pay for your booking. The Site will allow You to print details of Your order. We reserve the right to approve procedures and policies as to the processing of customers’ orders.
You are responsible for: (i) paying all applicable fares; (ii) paying for all taxes and other costs, as they may be applicable to You; (iii) resolution of any dispute between You and the Third Party Touristic Supplier; directly, with no intervention by the part of TIME 4 CLICK; and (iv) complying with all applicable laws, restrictions, and regulations that may pertain to the transaction.
We provide this electronic commerce platform as a convenience, and We assume no responsibility for and make no warranty or representation regarding any transaction.
Again, notwithstanding any fee of profit-share agreement that TIME 4 CLICK may have with Third Party Touristic Suppliers, when You book Touristic Services through the Site, You are entering into a contract with the relevant Third Party Touristic Suppliers for such transaction, not with TIME 4 CLICK. We reserve the right to charge service fees for the display and offering of Touristic Services within the Site and/or the conclusion of transactions as to those Touristic Services. Such services fees may be in the form of fixed fees, fees depending upon the costs of the Touristic Services, or a portion or percentage of the purchase price and/or payments for Touristic Services or a combination of all those methods of setting payments for the benefit of TIME 4 CLICK.
Prices for the Touristic Services will be as specified on the acceptance of Your request. Such price may not include hotels’ resort fee, European city taxes, mandatory gratuities, and insurance charges or applicable taxes.
We may include convenience and/or services fees, payable by Clients, for the benefit of TIME 4 CLICK for the provision of the web-based services that facilitated the transaction. You, as Client, will be responsible for payment of such charges, and they will be separately identified on Your receipt. Prior to a final placement of an order, We will display for Your acceptance all charges associated with the relevant transaction.
We may, at Our discretion, include and charge You service charges and fees, either for the benefit of TIME 4 CLICK and/or other service providers, but You will always have the ability to accept or not before placement of your final order. If You do not agree with those additional charges and fees You may, before the final placement of Your order, withdraw Your order for Touristic Services. Once an order is in place, the same is considered a final and firm transaction, and You will not be able to cancel it unilaterally. Therefore, You will not be able to claim any reimbursement of money paid with regards of the relevant transaction. We reserve the right to approve a Policy for cancelation.
Aside from tax obligations on the amounts we may retain for our own fees, TIME 4 CLICK does not collect taxes for remittance to applicable taxing authorities. The tax charges on prepaid transactions are estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, etc.) that TIME 4 CLICK remits to the hotel supplier for taxes due on the hotel’s rental rate for the room. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing authorities.
Terms, Conditions and Policies of Third Party Touristic Suppliers
Because You are reserving and/or booking Touristic Services with Third Party Touristic Suppliers You will be bound by the terms, conditions and/or policies of those Third Party Touristic Suppliers. You are charged to request, read, understand and agree with those applicable terms, conditions and/or policies before booking Touristic Services from those Third Party Touristic Suppliers. Usually those terms, conditions and/or policies can be found at the web-site of the relevant Third Party Touristic Suppliers. You agree to abide by the terms and conditions imposed by any Third Party Touristic Supplier with whom you elect to book Touristic Services, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services, and resolution of disputes. Third Party Touristic Suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
The following are usual terms within Third Party Suppliers (Providers):
Some hotels, motels and/or other lodging accommodation suppliers may require a credit card or cash deposit at check-in to pay for additional and/or incidental expenses incurred during Your visit. Such deposit is unrelated to any payment received by TIME 4 CLICK, for your accommodation booking. TIME 4 CLICK shall not be responsible for any expense incurred upon to any relocation to a different lodging accommodation.
Each Provider may have their cancellation and/or refund policies. When You book a Touristic Service at the Site (such as hotel accommodations) You may be presented with specific cancellation/refund policies. These policies may vary among different Providers, and may even change within the same provider, from time to time, for example, in light of the relevant dates (such as dates for high season or low season.) You should read the applicable policies every time You book a Touristic Service, as they may change at any point in time. Some reservations do not accept cancellations or modifications, nor refunds.
Usually cancellations/modifications and/or refund policies are found at the web site of the Provider, and You may also receive them by means of electronic communications relevant to Your booking.
You may make modifications to Your reservations, but only if permitted by the applicable Provider’s policy. Usually, if a reservation does not accept cancellations, it will neither accept a modification, and it will not provide for a refund or credit. If a reservation is made as “non-refundable” it means that it does not allow cancellations, nor modifications, and You will be bound to pay the relevant fee.
In some cases, depending upon the Provider’s own policy, You may be charged a cancellation fee and/or a modification fee. Those fees may differ upon the time of Your cancellation and/or modification request is made.
If You are not present at the time of check-in (a “no-show”) You will not be entitled to any refund or credit.
If a reservation allows modifications or cancellations, TIME 4 CLICK, through its Customer Support team will inform You as to any applicable modification and/or cancellation fee, if any.
PLEASE SEND ANY CHANGES YOU MAY WANT TO MAKE BY EMAIL ADDRESSED TO firstname.lastname@example.org for prompt attention to the matter and to inform You the applicable Policy, and whether or not the Provider may accommodate Your request.
We are not responsible for any modification or cancellation made by You directly with the Provider.
In some instances a confirmed booking may become unavailable before the date of arrival. In such cases TIME 4 CLICK will request to the Provider, for Your benefit, a full refund of the relevant booking fees. We will attempt to communicate with You via electronic mail to inform such circumstances. However, in the event that You arrive to check-in and Your booking is unavailable (for example, due to overbooking, closures, maintenance issues, among other circumstances) the relevant Provider shall be the only responsible (and not TIME 4 CLICK) to provide You with a comparable accommodation and/or offer a refund. TIME 4 CLICK shall not be responsible upon this latter occurrence, and shall not be obligated to provide a refund or alternate accommodation.
In those cases where a refund is appropriate (upon the Provider’s Policy) TIME 4 CLICK will credit back Your payment method (for example, credit/debit card, or PayPal®. A refund may take up to ten days to be processed.
In the event you do not show for the first night of a hotel reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with Us and/or the Third Party Touristic Supplier no later than the date of the first night of the reservation to prevent cancellation of your reservation.
Some Third Party Touristic Suppliers, and/or its contractors, and sub-contractors, may demand You to sign waivers for liability as a condition to participate in the service and/or activity. If You refuse to sign those waivers You may be forfeiting any fare paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Hotels: Most hotels have one “king bed” or two “double beds” in each room. A “double room” may have only one double bed. Usually, additional and/or separate beds are available, but availability is not guaranteed. Triple and quadruple rooms usually contain two beds, in which one can be a sofa bed or rollaway. The occupation of a room is defined by the number of paying adults, not by the configuration or the number of beds provided. Family Plan: A family plan usually means that one (or two) children below certain age may stay free of additional charges if sharing the existing bedding configuration with two paying adults. This plan does not guarantee separate bedding for each child.
The usual time for arrival and departure of hotels:
Between 3:00 p.m. and 4:00 pm for check-in. If You want to check-in and have access to the room before that time You must pay the prior night.
Between 11:00 a.m. and 12:00 m for check-out. If You want to stay in the room and check-out after that time You must pay an additional night. Some hotels may have courtesy late-check-out policies, but You will need to check directly with the provider at Your earliest convenience.
Minimum age for check-in: Unless otherwise indicated, hotels require that at least one guest has a minimum of 21 years of age per room.
Condos, suites, villas and houses usually do not include daily maid service (cleaning). A cleaning fee may be applied by the Provider at check-out. All accommodations provide clean towels at the time of arrival of the guest. Some accommodations include laundry facilities within the unit, or the entire facility. Daily maid service may be provided at additional cost for each service, and must be paid directly by You to the Provider.
Before leaving the hotel You must pay directly to the Provider any additional services (incidental charges such as meals, mini-bar, dry cleaning and laundry.)
Outdoor pools are usually open only during the summer season. The availability of outdoor pools, or any other hotel facility (such as gyms, arcade centers, cafeteria, etc.) depends upon the terms and conditions of the relevant Provider. TIME 4 CLICK is not responsible for any service or facility, or the unavailability of the same.
Paying for Touristic Services and Incidentals
You must have a valid and current payment method on file when booking Touristic Services on the Site. TIME 4 CLICK and/or its third party service providers (such as PayPal®) will collect Your billing and shipping information and process Your payment as a service incidental to the transaction. If Your payment method fails or Your account is past due, We may collect fees owed using other collection mechanisms. In addition, You will be subject to late fees. TIME 4 CLICK, or the collection agencies We retain, may also report information about Your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on Your account may be reflected in Your credit report. By virtue of accepting these Terms You agree that TIME 4 CLICK may charge Your payment method (including credit/debit cards) any amount arising as a result of the transactions carried out while You are accessing and using the Site, including, but not limited to, all fees, charges, penalties, and any other amount foreseen in the Terms and Conditions, these Terms, and any other applicable, terms and/or policies.
All prices, fees and other amounts referred to in this Client Agreement and the Site are stated in U.S. dollars.
If Your payment method (such as credit card, debit card or other payment method) is charged in other currency You may incur into additional fees, expenses and charges, such as international transaction fees, exchange fees, conversion fees, as well as to deal with exchange rates that may make Your transaction more onerous to You.
Disclaimer of Liability
TIME 4 CLICK disclaims any responsibility as to the value, truth, accuracy, safety, and quality of any Touristic Services and/or Third Party Touristic Suppliers as well as of any information posted at the Site. Unless otherwise explicitly stated, TIME 4 CLICK is just a provider of the Site, allowing web interaction between You, as customer, and Third Party Touristic Suppliers. TIME 4 CLICK is also a facilitator of incidental services such as logistics, insurance and payment services. Thus, TIME 4 CLICK does not make any representation as to the Touristic Services booked by virtue of the Site. Photos, and advertising material of the Touristic Services, such as hotel accommodations, vacation homes and condo rentals, theme park admissions, excursions, tickets for events, transfers, car rentals, are posted as a result of web-based integration with data provided by the Third Party Touristic Suppliers, with no intervention by the part of TIME 4 CLICK. TIME 4 CLICK disclaims all liability in that regard. The display and/or depiction of Touristic Services within the Site by the part of Third Party Touristic Suppliers shall be deemed as User Content, as defined further within these terms, and therefore, subject to the provisions of these terms applicable to User Content.
For International travel You are solely responsible to make sure that you meet all governmental requirements of all destinations of your travel (including all stops and transit ports, even if You are not supposed to leave the aircraft or airport.) You are solely responsible for all necessary travel documents (such as passports, visas and vaccination certificates.) TIME 4 CLICK does not provide any advice as to foreign entry requirements, and/or travel and health documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations. We accept no liability if You are refused entry onto a flight or into any country due to any reason, including Your failure to carry a passport, visa, or other travel documents, including countries you may just be transiting through. It is advisable You receive vaccinations before you travel internationally. You should consult your doctor for current recommendations before you depart.
By promoting and/or facilitating Touristic Services in international destinations, TIME 4 CLICK does not represent or warrant that such areas are without risk. TIME 4 CLICK shall not be liable for any damage or loss that may arise as a result of travel to such international destinations.
Use of the Site and Prohibitions
You have a limited and revocable authorization to access and use the Site. You shall not reproduce, sell or otherwise exploit the Site or any product image, product listing, description, name, price, design, trade dress, trademark, logo or other content for any commercial purpose. You shall not use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site content (unless in the operation or use of internet “search engines,” hit counters or similar technology.) You shall not use meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site. You shall not engage in any activity that interferes with the Site or another user’s ability to use the Site. You shall not modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site. You shall not assist or encourage any third party in engaging in any activity prohibited by these Terms.
TIME 4 CLICK may, at its discretion, designate areas of the Site in which users can post content (“User Content”) such as reviews, or comments as to Touristic Services enjoyed by You, as well as photos of places with touristic interest. You may not post any images of persons, only as to places and objects. TIME 4 CLICK does not claim any rights in any such User Content. Upon posting of User Content at the Site You: (i) grant TIME 4 CLICK a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such User Content on or through the Site in any form, medium or technology now known or later developed, for the purpose of promoting TIME 4 CLICK, the Site; and (ii) grant directly to other persons accessing the Site, the right and license to view Your User Content. You acknowledge and agree that You are solely responsible for any User Content that You make available on or through the Site. TIME 4 CLICK disclaims any responsibility for any User Content, including as to the appropriateness, correctness and legality of the User Content. TIME 4 CLICK has no obligation to monitor the User Content, and TIME 4 CLICK does not endorse in any way User Content. TIME 4 CLICK has not obligation to verify whether User Content conforms to any standard of appropriateness, and that User Content will not offend any user of the site. TIME 4 CLICK retains the right not to post, or to remove the User Content, at TIME 4 CLICK’S discretion.
You represent and warrant that: (i) You are the sole and exclusive owner of all User Content that You make available on the Site, or that You have the necessary rights, licenses, consents and releases that are necessary to make available such User Content and to grant all rights and licenses in such User Content as granted under these Terms; and (ii) neither the User Content nor Your making available any User Content on the Site nor any use of any User Content as permitted under these Terms will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
General Prohibitions as to User Content and Misuse of the Site
You agree not to do any of the following:
Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s intellectual property rights, image’s rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms any person, and specifically minors in any way; or (viii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site, or any individual element within the Site, TIME 4 CLICK’S name, any TIME 4 CLICK trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TIME 4 CLICK’S express written consent;
Access, tamper with, or use non-public areas of the Site, TIME 4 CLICK’S computer systems, or the technical delivery systems of TIME 4 CLICK’S providers;
Attempt to probe, scan or test the vulnerability of any TIME 4 CLICK system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TIME 4 CLICK or any of TIME 4 CLICK’S providers or any other third party (including another user) to protect the Site, Services, TIME 4 CLICK Content or User Content;
Attempt to access or search the Site, Services, TIME 4 CLICK content or User Content or download TIME 4 CLICK content or User Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TIME 4 CLICK or other generally available reputable third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a TIME 4 CLICK trademark, logo URL or product name without TIME 4 CLICK’S express written consent;
Use the Site, Services, TIME 4 CLICK Content or User Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, TIME 4 CLICK Content or User Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, TIME 4 CLICK Content or User content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, spyware, overloading, flooding, spamming, or mail-bombing the Site;
Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
Impersonate or misrepresent Your affiliation with any person or entity;
Violate any applicable law or regulation; or
Perform any fraudulent or deceiving actions including, but not limited to, insurance fraud.
Encourage or enable any other individual to do any of the foregoing.
You acknowledge that TIME 4 CLICK has no obligation to monitor Your access to or use of the Site, or to remove any User content, but has the right to do so for the purpose of operating the Site and Services. TIME 4 CLICK reserves the right, at any time and without prior notice, to remove or disable access to any User content, TIME 4 CLICK content or any other content at TIME 4 CLICK’S discretion.
The Site is provided “AS IS” and “AS AVAILABLE”, without any warranty of any kind, either express or implied. Without limiting the foregoing, TIME 4 CLICK disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. TIME 4 CLICK makes no warranty that the Site, and/or the Site content will meet Your requirements, or be available on an uninterrupted, secure, or error-free basis. TIME 4 CLICK makes no warranty regarding the quality of Touristic Services or products purchased or obtained through the Site or, the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site.
TIME 4 CLICK does not guarantee the ability of Third Party Touristic Suppliers to provide the Touristic Services as booked by virtue of the Site, or that a party to a transaction will actually complete a transaction, and/or perform under the terms of the same. You assume all risks associated in entering into a transaction with Third Party Touristic Suppliers.
You agree to defend, indemnify, and hold TIME 4 CLICK, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with Your access to or use of the Site, Services, or any violation by You of these Terms. You will not make TIME 4 CLICK a party to any litigation or dispute that may arise as a result of interactions and transactions concluded between You and Third Party Touristic Suppliers by virtue of the Site. You disclaim any liability by the part of TIME 4 CLICK arising from such transactions.
Limitation of Liability
You acknowledge and agree that to the maximum extent permitted by law the entire risk arising out of Your access to and use of the Site remains with You. You will not claim TIME 4 CLICK, and thus, You will not sue TIME 4 CLICK on the basis of disputes arising as a result of transactions such as booking of Touristic Services You may have carried out by using the Site, regardless that TIME 4 CLICK is a provider of the Site, and even services that may be incidental to those transactions.
Furthermore, neither TIME 4 CLICK nor any other party involved in creating, producing, or delivering the Site will be liable for any incidental, special, punitive, exemplary or consequential damages, including lost profits, loss of goodwill or reputation, or other intangible losses or any indirect, or consequential damages, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury, death, loss of consortium, or emotional distress arising out of or in connection with these Terms, or from the use of or inability to use the Site, whether based on warranty, contract, tort (including negligence), products liability, strict liability, consumer protection statutes, or otherwise, or any other legal theory, and whether or not TIME 4 CLICK has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.