Description of Service
DuffelUp.com provides customers with tools and resources for planning and sharing travel services, including online collaboration tools service now known or hereafter developed, including without limitation any software incorporated into such tools and services (the "Service"). You also understand and agree that the Service may include advertisements or links to third party websites. You also understand and agree that the Service may include certain communications from DuffelUp.com, such as service announcements, administrative messages and various emails, which may include attachments. You understand and agree that the Service is provided "as is" and that DuffelUp.com assumes no responsibility for the timeliness, deletion, service delivery problem, or failure to store any trip itinerary, user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider). In addition, you must provide and are responsible for all equipment necessary to access the Service.
You must be eighteen (18) or over to register as a "Member" (which means that you have registered with DuffelUp.com) and/or use the website and/or the Service. Membership in the Service is void where prohibited. By using the website and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions herein. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your Membership may be terminated without warning and you may be barred from any future use of the website and/or the Service if you provide any information that is untrue, inaccurate, not current, or incomplete, including but not limited to misrepresenting your age, or if DuffelUp.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Your Membership is solely for your personal use, and you agree not to authorize others to use your Membership account, including but not limited to your profile. You are solely responsible for all content published or displayed through your Membership account, including but not limited to e-mail messages, and for your interactions with other Members. DuffelUp.com reserves the right to refuse or revoke Membership to anyone at any time for any reason.
This Agreement shall remain in full force and effect while you use the website, the Service, and/or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Account Settings page of the website. You acknowledge that DuffelUp.com reserves the right, in its sole discretion, to restrict, suspend, or terminate your Membership or deny you access to all or any part of the website and/or the Service at any time, for any or no reason, including but not limited to your violation of any provision of this Agreement. You agree that termination of your Membership or restriction on access to the Service, including but not limited to the discontinuance of providing the Service, may be effected without prior notice, and acknowledge and agree that upon termination of your Membership or restriction on access to the Service, DuffelUp.com may immediately deactivate and delete all related content, information and files, including but not limited to your photographs, videos, Reviews, Profile, Rants and Raves, e-mail messages, and comments associated with your Membership, and bar any further access by you to such files and/or the Service. DuffelUp.com is not obliged to preserve, keep, or maintain back-up copies of any material submitted or posted on the website and/or through the Service. You agree that DuffelUp.com shall not be liable to you or any third party for termination of your Membership, denial of access to the Service, discontinuance of providing the Service, or deletion of your content, information, and files. The Service is currently available to you free of charge. By using the Service and by becoming a Member, you acknowledge, however, that DuffelUp.com reserves the right to charge for the Service or any part thereof and has the right to terminate your Membership should you fail to pay for the Service. If DuffelUp.com terminates your Membership, you will not be entitled to any refund of unused subscription fees, if any. Even after your Membership is terminated, this Agreement shall remain in full force and effect.
Member Accounts, Passwords, and Security
Certain areas of the website may be password-restricted and require registration or sign-in before they can be accessed. When you complete our registration process you will receive an account and password that will enable you to access all travel services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that DuffelUp.com cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
Posting Content for Inclusion On or for Distribution Through DuffelUp.com
You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, email or otherwise submit to the Web site or make available using the Service, and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality, and copyright. DuffelUp.com does not claim ownership of content (including photos and graphics) you submit or make available for inclusion as part of our trip. However, with respect to content you submit or make available for inclusion as part of a trip, you grant DuffelUp.com a world-wide, royalty free, and non-exclusive license to use, distribute, reproduce, modify, adapt, and publicly display such content for the purposes of providing and promoting the trip to which such content was submitted. This license exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you remove or DuffelUp.com removes such content from the Service. You agree to provide a world-wide, royalty free, non-exclusive, and irrevocable license to use, distribute, reproduce, modify, adapt, publicly display, and sublicense content (including photos and graphics) you submit or make available for inclusion in "publicly accessible" areas of the Service. "Publicly accessible" areas of the Service are those areas that are intended by DuffelUp.com to be available to the general public including trips where the option to share a trip with the public has been selected. Publicly accessible areas do not include trips that you have selected to keep as private trips.
DuffelUp.com does not control the content posted by third parties via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will DuffelUp.com 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, emailed, transmitted, or otherwise made available via the Service.
Non-Commercial Use by Members
All organizations, companies, and/or businesses alike may not become Members and should not use the DuffelUp Service or the website for any purpose, except with written permission. DuffelUp.com is meant for personal use of the individual Members only; and may not be used in connection with any commercial activities or endeavors. The following include Illegal and/or unauthorized uses of the website: Collection of usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the website will be investigated thoroughly, and the appropriate legal action will be taken, including without limitation, criminal, civil and injunctive redress.
You agree that DuffelUp.com may, at its sole discretion and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service or other DuffelUp.com agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, including but not limited to your trips, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in DuffelUp.com's discretion and that DuffelUp.com shall not be liable to you or any third-party for any termination of your account or access to trips created using the Service.
Advertising and Links to Third-Party Sites
This website contains hyperlinks to websites operated by parties other than DuffelUp.com. Such hyperlinks are provided for your information and reference only. DuffelUp.com does not control such websites and is not responsible for their contents or your use of them. DuffelUp.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such Web sites or any association with their operators. You further acknowledge and agree that DuffelUp.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available through any third party website.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT: 1) THE SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; AND 2) USE OF THE SITE IS AT YOUR SOLE RISK; AND 3) YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY, ITS BUSINESS OR SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, DATA OR SOFTWARE FROM THE SITE.
DUFFELUP.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES FOR TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY DUFFELUP.COM OR ANY DUFFELUP.COM INDEMNITEE SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE
DUFFELUP.COM MAKES NO WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET USER'S REQUIREMENTS OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUFFELUP.COM DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF TRAVEL SERVICES AND PRODUCTS DISPLAYED ON THIS SITE (INCLUDING ALL PHOTOGRAPHS, AMENITIES AND DESCRIPTIONS).
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL DUFFELUP.COM OR THE DUFFELUP.COM INDEMNITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING THOSE ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE DUFFELUP.COM OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF DUFFELUP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DUFFELUP.COM MAKES NO CLAIM OR REPRESENTATION REGARDING, AND ACCEPTS NO RESPONSIBILITY FOR THE QUALITY, CONTENT NATURE, ACCURACY OR RELIABILITY OF INFORMATION PROVIDED BY THIRD PARTIES THROUGH THE SITE, INCLUDING ANY PROVIDER AND INCLUDING SITES ACCESSIBLE BY HYPERLINK FROM THE SITE, OR SITES LINKING TO THE SITE. THOSE THIRD PARTIES AND LINKED SITES ARE NOT UNDER THE CONTROL OF DUFFELUP.COM AND DUFFELUP.COM IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. INCLUSION OF ANY THIRD PARTY INFORMATION OR LINK, INCLUDING THAT OF ANY PROVIDER DOES NOT IMPLY AFFILIATION, ENDORSEMENT OR ADOPTION BY DUFFELUP.COM THEREOF.
DUFFELUP.COM AND THE DUFFELUP.COM INDEMNITES ARE NOT LIABLE FOR THE ACTS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUPPLIER, HOTEL OR OTHER CARRIER, OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGE OR EXPENSE RESULTING THEREFROM. DUFFELUP.COM AND THE DUFFELUP.COM INDEMNITIES SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, DUFFELUP.COM AND THE DUFFELUP.COM INDEMNITIES SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES WHICH ARE NOT FINALLY DETERMINED BY A COURT OF COMPETENT JURISDICTION TO HAVE BEEN CAUSED SOLELY AND DIRECTLY BY ITS OWN WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. USER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT SIGNIFICANTLY LIMITS THE LIABILITY OF DUFFELUP.COM AND THE DUFFELUP.COM INDEMNITES AND THAT SUCH LIMITATION IS FAIR AND REASONABLE IN LIGHT OF THE LIMITED RESPONSIBILITIES OF DUFFELUP.COM, AND THE AMOUNTS PAYABLE TO DUFFELUP.COM FOR ITS SERVICES UNDER THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold DuffelUp.com harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of or reliance on DuffelUp.com Services, (c) your connection to our Sites, (d) your violation of this Agreement, (e) your violation of any rights of another party, or (f) any other unreasonable violation or transgression.
You agree not to copy, reverse engineer, or attempt to discover any source code, distribute or create derivative works based on the Service, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by DuffelUp.com for use in accessing the Service. In addition, any software that is made available from this Web site, including, without limitation, all HTML code and Web controls, are owned by or licensed to DuffelUp.com. Any reproduction or redistribution of this software is expressly prohibited.