ARUBA-EGUIDE.INFO TERMS OF SERVICE AGREEMENT

ARUBA-EGUIDE.INFO TERMS OF SERVICE AGREEMENT

Effective Date: March 1, 2013

Welcome to Aruba-eGuide.info. The Aruba-eGuide.info website, content, data and its associated mobile application (“App”), products and services (collectively “Website”) is a service that is owned and operated by Biz Media vba (“Owner”). Owner has adopted this Terms of Service Agreement (“Agreement”) to inform you of your rights and duties when participating as a Member (as hereinafter defined) the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

OWNER MAY, AND RESERVES THE RIGHT TO, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. EVEN AFTER YOU AGREE, IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICATIONS. IN THE EVENT OWNER MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

1. Mobile Application Service Provider

Owner provides a free, downloadable mobile application (“App”) for use by those interested in third party product and service offerings in Aruba, pursuant to the App End User License Agreement.  Owner’s App offers registered membership accounts (“Members”), depending upon their Membership Level, the ability to display and provide information concerning their products and services to App users, receive reservation requests from App users, and be reviewed by App users, consistent with the terms of this Agreement.  You, as a Member, understand and acknowledge that Owner is a mere service provider and is not responsible for actions of the App users.

Your use of the App is governed by the terms of this Agreement, along with any additional terms provided with such App.  Owner grants you a limited, terminable, personal and nontransferable license to use the App in accordance with the terms of this Agreement.

Owner may, within its sole and absolute discretion, modify or discontinue, temporarily or permanently, access to the Website and/or App, or a portion thereof, with or without notice.

2. Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. In order to register an account, you warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement.

You warrant, understand, and agree that:

  1. you provide truthful, complete, and accurate information when registering as a Member on the Website;
  2. you provide the product or service made available via the App;
  3. the providing of your product or service of your item does not violate any laws or regulations;
  4. you are the owner of, or have authorized rights in, the photographs, videos, text or other content you submit to Owner for inclusion in the App;
  5. any and all information you provide to Owner, and made available to App users, is complete, truthful, accurate and current; and
  6. you are willing, able, and committed to fulfill App user reservations, if any.

You agree that your use of Website is for your own personal purposes or for that of your business.  You may not use the Website on behalf of any third party without their express, written authorization.

Owner is a service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of the information provided by a Member or App user contained on Website or in the App.  OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE ACTIONS OF APP USERS.  YOU AGREE TO HOLD OWNER HARMLESS FOR ANY ACTIONS OF APP USERS.

Owner does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights.  Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Website and where the App is offered.  Website is operated in Aruba and Owner makes no representation that its Website, App or services are appropriate, lawful, or available for use in other locations.  Owner does not offer Website where prohibited by law.

You acknowledge and agree that the above and following warnings and disclaimers shall apply to all such information, products and services displayed on and/or offered through the Website and App

3. Registered Membership Accounts and Membership Levels

In order to be included in the App, you must become a Member, and acquire a username and password, by registering a membership account.  You acknowledge, understand, and agree that Owner offers the following different Membership Levels, each of which provides Member with the services listed for the stated price at the time of registration:

  • Economy
  • Regular
  • Advanced

You further acknowledge, understand, and agree that the services provided by Owner to Member, which may include the ability to upload photographs, plain text, and/or hyperlink text; display App user reviews; provide directions to Member; submit reservations; and allow sharing of information via social media networks will vary depending upon Membership Level.  You further understand and agree that Owner may, within its sole discretion, add or remove Membership Levels and add or remove the services associated with each Membership Level.  Owner reserves the right to removes a service associated with a particular Membership Level, with or without notice, prior to the monthly renewal by Member.

You agree to provide any and all information required in order to register a membership account and become a Member.  Member information will be used consistent with the Privacy Policy. By creating a Member account, you agree that Owner, Owner’s designees and agents, and App users may contact you by any available means, including, but not limited to, by email.

You may only use your Member account, and you are expressly prohibited from providing additional parties with access your Member account or creating multiple Member accounts, whether for free trial purposes or otherwise. You agree that, in registering a Member account, you will provide Owner with accurate, complete, relevant, and current information, and maintain the same so long as you are a Member. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Member account, whether authorized or unauthorized. In the event your Member account is accessed without your authorization, you agree to immediately provide notice to Owner.

4.  Membership Fees, Auto-Renewal and Payment

Members shall pay a fee for registration.  You agree to pay all fees and charges on time, and Owner may terminate or disable your access to the Website and your Member Account as well as your inclusion in the App if you fail to pay any amount owing to Owner when due.

All payments are to be made via PayPal, or other online payment process made available by and accepted by Owner.  Member account registration will renew automatically each month, unless prior written notice of cancellation is provided to Owner at least thirty (30) days prior to the monthly anniversary from Member registration. Owner reserves the right at any time to modify the price charged for membership, so long as any change is made at least five (5) days prior to automatic membership renewal. 

You agree that you will pay all costs of collection, including legal fees, incurred by Owner. You agree that you will not initiate any chargebacks to Owner unless otherwise authorized by Owner in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Owner.

You agree to pay all applicable taxes, duties, penalties or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and inclusion in the App. All costs and fees are quoted and payable in Florins. 

Owner shall not issue any refunds.  In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Owner, in writing, within ten (10) days of any such dispute. You understand that your failure to notify Owner of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.

5. Prohibited Uses of Website

You agree that you will not use the Website, including the App, to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website and App.

Specifically, you are prohibited from, without limitation:

  1. Posting or transmitting content that violates any term or condition of this Agreement;
  2. Transmitting unsolicited commercial email messages, or spam, through the Website or to App users;
  3. Suggesting an affiliation with or endorsement by Owner or any other third party;
  4. Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18;
  5. Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices;
  6. Imposing a disproportionate load on the Website, App, or its server infrastructure or otherwise attempting to interfere with the operation of the Website or App;
  7. Circumventing Owner’s technological or security protection mechanisms;
  8. Using a script, robot, spider, scraper, or other automated technology to access the Website or App;
  9. Attempting to gain access to the private data or personal information of a user of the Website, App user or a third party;
  10. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website, App, or third parties;
  11. Harassing and/or stalking a third party through your use of the Website or App;
  12. Impersonating another or creating multiple alias accounts; or
  13. Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, or otherwise harmful.

Your violation of any term or condition of this section or any term of this Agreement may result in the immediate termination of your Member account and the disabling of your access to the Website and/or inclusion in the App.

6.  Ownership of Website Content

You understand and agree that Owner is the owner, or licensee, of all rights in and to the Website, App and its associated content, including, but not limited to, all intellectual property and any other property or proprietary rights. The Website and App are protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website or App for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website or App, whether in whole or in part, without the prior written consent of Owner. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.

Owner hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable, and revocable license to use the Website and App for its customary and intended purposes. Use of the Website and App for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Owner.

Owner is the owner of all trademark, trade name, and/or service mark rights, whether registered or under common law, of all its marks, including, without limitation, ARUBA EGUIDE.  All other marks are the property of their respective owners.

7. Use of Information Provided by Member

By submitting information (“User Generated Content”) to the Website for inclusion in the App, you grant Owner a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your information for the customary and intended purposes of the Website and App, as well as any advertising thereof. These purposes may include, but are not limited to, providing you or third parties with the Website, App, or its associated services and archiving or making backups of the Website and/or App.  By submitting information to the Website for inclusion in the App, you further agree to waive all rights of publicity or privacy with respect to the information submitted.  You agree to execute any and all documents requested by Owner and shall cooperate in any endeavor Owner makes to obtain the necessary rights to display your information.

This provision shall survive any termination of this Agreement for the maximum period permitted under applicable law. 

8. Third Party Links

You understand that the Website and/or App may contain links to third party websites, applications, or services that Owner does not own or control. You agree that Owner will not be held responsible or liable for the content of third party websites, applications, or services as well as advertiser’s advertisements and that Owner’s inclusion of those websites, applications, or services as well as advertiser’s advertisements within its Website and/or App does not constitute Owner’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services and/or advertisers or other third parties.

9. Section 230 of Communications Decency Act

You acknowledge and agree that Owner is an interactive computer service provider.  Though Owner may review, approve, deny, edit, remove, or control the content displayed through the Website and/or App, you agree that Owner will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website, App or otherwise. Owner may, within its sole and absolute discretion, remove any User Generated Content, for any reason and for no reason at all.

10. Privacy Policy

Owner hereby incorporates its Privacy Policy into this Agreement.

11. Copyright Policy

© 2013 Media Biz vba.  All rights not expressly granted herein are reserved to Owner.

12. Disclaimer of Warranties

OWNER DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, APP OR ANY GOODS OR SERVICES LINKED TO OR THROUGH THE WEBSITE AND/OR APP. OWNER PROVIDES THE WEBSITE AND APP ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. OWNER DOES NOT WARRANT THAT THE WEBSITE IS FREE FROM ERRORS, OMISSIONS, TECHNICAL INACCURANCIES, PROGRAMMING BUGS, VIRUSES, HARMFUL CONTENT OR COMPONENTS, OR INTERFERENCE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION.  SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

OWNER WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. OWNER DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE OR APP. OWNER RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AND/OR APP AT ANY TIME.

OWNER IS NOT RESPONSIBLE FOR THE REPRESENTATION OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHER THIRD PARTY. 

13. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT OWNER WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE, APP OR GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE OR APP, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT OWNER CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID FOR ANY SERVICE PROVIDED THROUGH THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO OWNER FOR THE WEBSITE AND/OR MEMBER ACCOUNT, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

Notwithstanding the above, Owner shall not be liable to you for loss or damage arising out of circumstances beyond its control, including Acts of God (such as earthquakes, tornadoes, storm, flood, and fire), accidents (such as plane, boat, or vehicle crashes), and similar events.  Furthermore, in no event shall Owner be liable, and you forever release the same, for any of the following:

            a. errors or omissions on the Website and/or App;

b. loss of connectivity to or display on the Website and/or in the App;

c. failure by any App user to appear for, pay for, or otherwise participate in a reservation made via the App, if any;

            d. delays to, interruptions of or cessation of the Website and/or App;

            e. any consequential loss, irrespective of whether Owner was put on notice of the same.

14. Indemnification

You agree to hold harmless, indemnify, and defend Owner, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website and/or App, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend Owner under the terms of this Agreement will not provide you with the right to control Owner’s defense, and Owner reserves the right to control its defense regardless of your contractual requirement to defend Owner.

15. Assignment

You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. Owner may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the Website and/or App.  In the event of an assignment by Owner, you understand and agree that Owner may share any information collected, as set forth in the Privacy Policy.

16. Resolution of Disputes

This Agreement will be interpreted under and governed by the laws of Aruba without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Owner will be exclusively resolved through arbitration.

YOU AND OWNER AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN ARUBA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF AN ARUBA GOVERNING BODY (IF NO SUCH BODY EXISTS, THE AMERICAN ARBITRATION ASSOCIATION). THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR, AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF ARUBA. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND OWNER AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN ARUBA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND OWNER AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

17. Miscellaneous Provisions

A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

This Agreement, and the Privacy Policy incorporated by reference, constitute the entire agreement between you and Owner with respect to the Website and/or App and your relationship with Owner, unless so stated otherwise. You understand and agree that there are no further understandings, agreements, or representations with respect to the Website and/or App that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind Owner.

OWNER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR APP MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, 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 MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

18.  Notice

Any notice required under this Agreement must be made in writing to Biz Media vba, P.O. Box 4102, Noord, Aruba, with a copy via email to contact@aruba-eguide.com.