1. Scope and Terms
These Terms govern your use of all content, products or services available through Outside Online. You agree to be bound by these Terms, and to use Outside Online in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Outside Online or its third party providers.
Additional terms, may apply when you purchase products or services, or when you participate in sweepstakes, raffle, or other promotions. These additional terms are found in the area of Outside Online where you will purchase a product or service, or where you will register for a sweepstakes.
You agree to abide by the terms and conditions imposed by any of Outside Online's licensors, suppliers, or information providers.
You are responsible for reviewing the forms that you fill out when you purchase products or services, or participate in sweepstakes, raffles or other promotions.
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or purchase the products or services available on Outside Online.
You are responsible for maintaining the secrecy of your Member ID and password. This is essential to protect the confidentiality of any information that may be stored in the My Account areas of Outside Online. In addition, you will be financially accountable for all use of Outside Online by you and anyone using your password and login information.
2. Use of the Site
Outside Online grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use Outside Online only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to Outside Online; any rights or license not expressly granted herein are reserved.
Unless we have granted you permission in advance and in writing, you may use Outside Online only for your personal, non-commercial use, and not to provide services to a third party or to advertise any third party products or services.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the content on Outside Online.
If you do so, you may not modify the content in any way, and you must reproduce Outside Online's copyright notice (or the Provider's notice as applicable) in the form:
(c)1994-2007 Mariah Media Inc. All rights reserved.
as displayed on the relevant page(s) that you might copy.
Except as provided above, you may not
• Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
• Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
• Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
• Reverse engineer any part of this Site; or
• Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties
Unless otherwise provided within these Terms, or unless specific applicable law requires Mariah Media Inc. to allow you to do so, you may not do any of the following without the prior written consent of Mariah Media Inc., including when posting or submitting user content such as information or reviews about your travel experiences or about travel products or services:
• Imply in any fashion that Mariah Media Inc. or Outside Online is endorsing your products or services;
• Place false or misleading information on the Site,
• Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any party's privacy, copyright, patent, trademark or intellectual property rights or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
• Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Mariah Media Inc., other Site users or members;
• Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
• Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of the Site, or take any action that impose an unreasonable load on our equipment; or
• Disguise the origin of the information transmitted through the Site, or impersonate any person or entity, including a travel service provider or an employee of Mariah Media Inc.
Member ID and Password
Access to certain areas of the Site is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to Mariah Media Inc., about yourself, and others, is true and accurate.
Mariah Media Inc., in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. Mariah Media Inc. shall not be responsible to you to such suspension or termination.
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on the Site. You agree that Mariah Media Inc. shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance. We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.
We may also modify these Terms, as provided in Modifications.
3. Privacy and Security
4. Services and Content
We will use our reasonable commercial efforts to keep the Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
The content on The Away Network Web sites are intended for information purposes only. There might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to The Away Network by third parties. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through The Away Network Web Sites or obtained from a linked site.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
5. Links to third party sites
For your convenience, the Site provides links to other sites. When you click on one of these links, you are leaving the Site and entering another site. We are not responsible for such third party Web sites.
You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.
We welcome links from a third party site to the home page of the Site, through a plain text link, provided that (a) you give Mariah Media Inc. prior written notice of such link by contacting [email protected] or Customer Service 1001 G Street, Suite 725W, Washington, DC 20001, to request Mariah Media Inc.'s permission to establish the link; (b) you discontinue providing a link to the Site if so requested by Mariah Media Inc.; (c) you do not imply in any fashion that Mariah Media Inc. is endorsing any of your products or service or is affiliated with you, (d) you do not present Mariah Media Inc. in a false light, or provide misleading or false information about Mariah Media Inc., Outside Online, or services affiliated with or available through Mariah Media Inc. or the Site, (e) you do not remove or obscure the copyright notices, or other notices on the Site; (f) you do not use any mark of Mariah Media Inc.; and (g) you do not replicate, frame or mirror the content of the Site.
We reserve the right to require you to remove links to the Site, in our sole discretion.
6. Intellectual Property
Mariah Media Inc., its owner or affiliates control and operate this Web site. All content on this Web site, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned by Mariah, its owner, its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the "Content Providers") that have licensed their content or the right to market their products and/or services to Mariah Media Inc. Trademarks, copyrights or other third-party intellectual property referred to on Outside Online are the property of their respective owners, and use on the Site thereof does not constitute or imply endorsement. You may not copy, modify, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Mariah Media Inc. or the Content Providers.
Your Comments and Submissions
Any communications or materials you transmit to Mariah, through the Site, by electronic mail or otherwise, including any data, question, comment, rating of a property or attraction, suggestion, idea, photo, image, video, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to Mariah Media Inc., or by posting on the Site any Communications or Materials, you grant Mariah Media Inc., and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Communications or Materials in any form, media or technology. Furthermore, by voluntarily submitting to Mariah Media Inc. any Communications or Materials you agree to assume all liability associated with or stemming from your submission. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials, nor do we represent or warrant that Communications or Materials that you submit will be posted, or will continue to be posted, on the Site. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
7. Disclaimer of Warranty
Mariah Media Inc. and its providers make no warranty of any kind regarding the Site, or the content, products or services contained on the Site, all of which are provided on an "as is" basis. Mariah Media Inc. and its providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its content will be accurate, complete or timely. The fact that Mariah Media Inc. is including or offering any product or service on the Site is not an endorsement or a recommendation of the product or service.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, MARIAH MEDIA INC. AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
8. Limitation of Liability
Subject to applicable law, use of the Site and its content is at your sole risk. Services and products made available on the Site are subject to conditions imposed by the providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through the Site are independent contractors, and not agents or employees of Mariah Media Inc. IN NO EVENT WILL MARIAH MEDIA INC. OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THE SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF THE SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY MARIAH MEDIA INC. OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF MARIAH MEDIA INC. AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, despite the limitation above, Mariah Media Inc. or a provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Mariah Media Inc. and the providers' liability will in no event exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
You agree to defend and indemnify Mariah Media Inc. and any provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Mariah Media Inc. as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of the Site.
The laws of the State of Illinois (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. If you take any legal action relating to your use of the site or these Terms, you agree to file such action only in the state and federal courts located in Cook County, Illinois (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.
Your acceptance of these Terms, and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with Mariah Media Inc. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between Mariah Media Inc. relating to your use of the Site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
Prior Terms and Conditions
These Terms supersede any prior Outside Online Terms and Conditions relating to the use of the Site that were displayed on the Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms provided elsewhere in the Site.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.