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OpenTravel Forum Terms of Use

Welcome to the OpenTravel Forum, owned and operated by the OpenTravel Alliance Inc. By accessing OpenTravel Forum (hereinafter "we", "us", "our", "OpenTravel"), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then do not access and/or use the OpenTravel Forum ("Forum"). We may change these terms at any time and you should review such terms on a regular basis as your continued usage of the Forum means you agree to be legally bound by these terms as they are updated and/or amended. Any new features that augment or enhance the current Forum shall be subject to the Terms of Service.

Use Restrictions. Intellectual property laws protect original material that we post on this site and in the Forum. The site and the Forum includes text, data, information, links and other content owned and controlled by us, as well as content owned or controlled by third parties (collectively, the "Content"). You are hereby authorized to view and download a single copy of the Content solely for your personal, non-commercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of OpenTravel. Special rules may apply to the use of certain software and other items provided or referenced through the Forum, and are noted where appropriate. Except as expressly provided above, all rights are reserved. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You may not display this website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at webmaster@opentravel.org. Nothing contained on the website, the Forum or in these Terms of Use should be construed to grant you a license to use any trademarks, service marks, or logos owned by the OpenTravel Alliance or any third parties.

Content. You understand that all Content is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit via the Forum. You understand that by using the Forum, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OpenTravel be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Forum. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Appropriate Conduct. You agree that you are responsible for your own conduct and communications while using the Forum and for any consequences thereof. You agree to use the Forum only to receive and review materials that are legal, proper and related to the subject matter of the Forum. By way of example, and not as a limitation, you agree that when using the Forum, you will not:
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• post any inappropriate, defamatory, infringing, obscene, or unlawful Content;
• post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the Rights or have the permission of the owner to post such Content;
• post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements.
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software.
• use the Forum for any illegal or unauthorized purpose;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Forum;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Forum or collect information about users for any unauthorized purpose;
• submit Content that falsely expresses or implies that such Content is sponsored or endorsed by OpenTravel;
• create user accounts by automated means or under false or fraudulent pretenses;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

While OpenTravel prohibits the above-referenced, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Forum at your own risk. You agree that OpenTravel Forum have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database.

You acknowledge that OpenTravel does not pre-screen, control, edit or endorse Content made available through the Forum and has no obligation to monitor the Content. If OpenTravel discovers Content that does not appear to conform to the Terms of Service, OpenTravel may investigate and determine in good faith and in its sole discretion whether to remove the Content. We will have no liability or responsibility for performance or non-performance of such activities.

International users agree to comply with the laws of the United States as well as their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

Submissions. You grant to OpenTravel a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display, and otherwise commercially exploit the content, information, ideas, and concepts (in whole or in part), and to incorporate the same in other works in any form, media, or technology now known or later developed, any information or other materials that you submit to OpenTravel through the Forum or otherwise. You warrant to OpenTravel (and OpenTravel relies on this warranty) that you have the right to grant this license to OpenTravel.

Consent to Collect, Process and Transfer Personal Data. You understand and agree that OpenTravel may use, collect, process, or transfer personal data about you and your use of the Forum. Such personal data includes, without limitation, registration information that you provide and data collected, processed, or submitted as part of your use of the Forum. You understand and agree that, with respect to personal data, you may not access such information in the future; correct inaccuracies, if any; erase or cause removal of such information; or block use, collection, processing, or transfer of such information. In no event shall OpenTravel be liable to you or others for OpenTravel's use, collection, processing, or transfer of personal data.

Use of Cookies. The Forum and Web Site may use "cookies" in connection with its operation. Cookies are small pieces of information that are stored on your computer by OpenTravel (passing through your browser). Cookies are used for record-keeping purposes, personalization, monitoring, automating access and data-entry functions, and tailoring the appearance and presentation of the Forum and Web Site. For more information on cookies, you may review the following Internet address: http://www.cookiecentral.com/faq.htm.

Proprietary Rights. OpenTravel and its affiliates and licensors own and retain all rights in the Forum and the website, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by OpenTravel, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of OpenTravel's proprietary information. "OPENTRAVEL" and the "OPENTRAVEL" logo are trademarks of OpenTravel.

Your Rights. OpenTravel claims no ownership or control over any Content submitted, posted or displayed by you on or through the Forum. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Forum and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Forum, you grant OpenTravel a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the Forum solely for the purpose of displaying, distributing and promoting the Forum or any other OpenTravel Services. This license terminates when such Content is deleted from the Forum. OpenTravel reserves the right to syndicate Content submitted, posted or displayed by you on or through the Forum and use that Content in connection with other services offered by OpenTravel.

Intellectual Property Law Compliance. By accessing and using the Forum and its services, you hereby agree to obey the law and respect the intellectual property rights of the OpenTravel Alliance, the Forum and other users. You use of the site is at all times governed by the applicable laws of the United States and the laws of your country regarding copyrights, trademarks, patents and the use of intellectual property. By using the Forum, you agree to not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of the copyrights, trademarks or patents of any third parties. You, and you alone, will be held responsible for any infringement of third party rights caused by your use of the Forum, including, but not limited to, any specific uses described in these Terms of Use. The burden of proving that your use of the Forum does not infringe upon the intellectual property rights of any third parties rests solely with you.

Links. OpenTravel Forum has not reviewed any of the sites that you may link to from the website and Forum. Such sites may contain information or material that some people may find inappropriate or offensive. OpenTravel Forum does not endorse and is not responsible or liable for any links, content, advertising, products, or other materials on or available from any site. We offer links to other web sites to you only as a convenience, and our inclusion of any link on this Web site does not imply endorsement of the linked-to web site. Your dealings with third parties accessed through this Web site, including payment and delivery of goods or services offered by such third parties, are solely between you and such third parties. You agree that OpenTravel Forum is not responsible or liable for any loss or damage you incur as a result of your dealings with such third parties through this Web site.

Privacy Policy. All information that you submit to us is subject to our Privacy Policy. For more information, please read the policy, which is available at http://www.opentravelcommunityforum.com/forum/otfprivacy.php.

Disclaimer of Warranties. OpenTravel and its affiliates, licensors, partners, suppliers, consultants and agents ("OpenTravel Entities") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Forum. The OpenTravel Entities disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Forum.

THE FORUM, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE FORUM), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE OPENTRAVEL ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE FORUM IS ENTIRELY AT YOUR OWN RISK.

Violations. Hold Harmless and Indemnity. Your access privileges are conditioned on your adherence to the terms of this Agreement. If you violate any of the terms of this Agreement, you agree that we may deny you access to the site. You agree to hold harmless and indemnify OpenTravel from and against any third party claim arising from or in any way related to your use of the Forum, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, OpenTravel will provide you with written notice of such claim, suit or action.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OPENTRAVEL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE FORUM, WHETHER OR NOT OPENTRAVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE FORUM, FROM INABILITY TO USE THE FORUM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FORUM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL OPENTRAVEL BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED DOLLARS ($100.00).

Notices. OpenTravel may provide you with notices regarding the Forum or these Terms of Service by email or postings to this Web site.

Governing Law; Limitations; Venue. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action that you could assert that arises from or relates to your access and use of the Web Site and Forum contemplated by this Agreement must be instituted within six (6) months from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in the Commonwealth of Massachusetts, and you agree to submit to the exclusive personal jurisdiction of such courts.

U.S. Government Restricted Rights. The Web Site is provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of OpenTravel s proprietary rights in them. You acknowledge that the Documentation may be subject to United States export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Documentation, including the United States Export Administration laws and regulations, the United States Patriot Act, as well as end-user, end-use, and destination restrictions under United States or other governmental laws.

Notice and Procedure for Copyright Infringement Claim. OpenTravel, pursuant to 17 U.S.C. Section 512, OpenTravel has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. OpenTravel designated agent to receive notification of claimed infringement is:

info@opentravel.org

Executive Director
OpenTravel Alliance
1740 Massachusetts Avenue
Boxborough, MA 01729

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the Company-designated agent, listed above, and must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for other types of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.
D. Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

General. You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of OpenTravel. This Agreement is complete and effective at the time you agree to it by accessing or using the Web Site. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and OpenTravel related to the subject matter hereof. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any unenforceable provision will be replaced by a mutually acceptable provision, which comes closest to the intention of the parties at the time the original provision was agreed upon.

BY USING THE FORUM OR ACCESSING THIS WEBSITE AND THE FORUM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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