This Azvina User Agreement (the "User Agreement") sets forth the terms and conditions which apply to your use of the Azvina.com web site. BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USER AGREEMENT JUST AS IF YOU HAD SIGNED THIS USER AGREEMENT. If you do not agree to be bound by this User Agreement, please discontinue your use of the Services.
Azvina reserves the right to modify or amend this User Agreement at any time without prior notice. By accessing the Services and/or submitting any text, pictures or other content ("Content"), including without limitation, travel pages, message-board postings, you signify your agreement to this User Agreement as it has been modified or amended.
2. Conduct Required for Use of the Services:
It is a condition of your use of the Services that you do not: (i) restrict or inhibit any other user from using and enjoying the Services; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent (including any nudity) information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), "WAREZ" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork or use viruses, bots, worms or trojan horses; (iv) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (v) post or transmit any information, software or other material which contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising; (viii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database; or (xi) use the Services to collect personally identifying information about users of the Services in violation of our Privacy Policy; or (xii)post or transmit comments of a purely political or religious nature or designed to further ones political or religious view over another.
You agree that you will not use the Services, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. AZVINA, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.
3. We welcome people to become members:
Azvina welcomes members to post their ads, describe their travel experiences, build Travel Pages, and to share their travel experiences through our discussion forums, and e-mail accounts. We have the most personalized and interactive community on the Internet thanks to our outstanding members. We believe that the only way to maintain our quality membership is to keep our members informed about the policies of Azvina.
We encourage members to describe their experiences from travel services purchased through Azvina. We believe that feedback from our members will increase the integrity of the products and we provide.
4. We value freedom of expression but we do not guarantee free speech:
We want to be completely honest about our policy. Azvina values freedom of expression on our site but we do not guarantee the right to free speech. We believe our community will thrive when there is freedom to present what you want, but not at the expense of others.
5. Advertising:
Members who want to use our free Services and tools must agree to accept the terms of this User Agreement. We also require that our logo and the banner advertisements of our sponsors are displayed on our Members' Travel Pages, and our Members do not share in any revenue which may be derived from such advertisements. Our logo and the banner advertisements of our sponsors are a distinct and separate file from the Content provided on Member homepages and do not interfere with Members' Content.
Azvina is not responsible for the delivery or quality of any goods or services sold or advertised by our sponsors either through or on Azvina members' page(s).
6. Usage of Web Space Storage:
Azvina provides members with free web space for their Travel Pages. Free Web Space, as defined by Azvina, is comprised of hypertext markup language (html) and associated files, intended solely for the audio/visual presentation of TRAVEL RELATED CONTENT on the members' Travel Pages. The spirit of free web space is specifically not intended as a storage facility for members' personal digital files. Using it as such is a violation of this User Agreement. Also please note that pictures are only saved for the purposes of display on Azvina not for storage or other purposes. Members cannot assume that Azvina will preserve the quality or resolution of any picture uploaded to Azvina.
7. E-mail:
Azvina uses e-mail to inform you of the status of your Travel Page, new membership benefits and features, to let you know of urgent problems on our site, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our community. We keep these messages to a minimum. If you elect not to receive our e-mail messages by removing yourself from our mailing list, you forfeit ALL of your Azvina membership benefits including any and all free services that Azvina offers including, but not limited to, the Azvina Travel Page hosting service.
8. You grant Azvina a license to the Content you submit:
Anything contained herein to the contrary notwithstanding, by submitting Content to Azvina, through member pages, message boards, forums, you grant AZVINA and its affiliates a royalty-free, perpetual, irrevocable, 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 and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. In addition by submitting content to AZVINA, you represent and warrant that the content is your original work, or if any part is not your original work, you represent and warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit anyone to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on AZVINA retains any and all rights that may exist in such Content. A back-up or residual copy of the Content posted by you may remain on the AZVINA servers after you have removed the Content and AZVINA retains the right to those copies.
9. Personal Profile Information:
The personal profile information that you submit to AZVINA remains your property, but by submitting that information to AZVINA you grant AZVINA the right to use that information for internal marketing to members and direct e-mail marketing by AZVINA. We do not sell our member list. In addition, AZVINA reserves the right to release current or past member information in the event Azvina believes that the membership is being or has been used in violation of this User Agreement or to commit unlawful acts, if the information is subpoenaed, or when AZVINA deems it necessary or appropriate. By agreeing to the conditions of this User Agreement, you hereby consent to disclosure of any record or communication to any third party when Azvina, in its sole discretion, determines the disclosure to be appropriate.
10. Investigation of Complaints:
We reserve the right to monitor and to investigate any complaints regarding any Content of AZVINA members' pages, message-board postings and to take the appropriate action if AZVINA finds any violation of this User Agreement. Accordingly, you agree that AZVINA will have the right to access your site at any time, without advance notice. If access to your site is restricted, whether by password or otherwise, you agree to provide AZVINA with whatever information is required to access your site. In the case of any such complaint, AZVINA reserves the right to remove the Content complained of while the AZVINA member and the complaining party attempt to resolve their dispute. This could result in your page(s) being removed from AZVINA for as long as it takes to resolve the dispute.
11. Termination of Membership:
AZVINA is the final arbiter of what IS and IS NOT allowed on our site. Further, AZVINA reserves the right to modify or remove anything submitted to AZVINA, and to cancel any membership, at any time for any reason without prior notice. AZVINA is not obliged to maintain back-up copies of any material submitted or posted on our site. Actions or activities that may cause termination of your membership and/or removal of your page(s) include, but are not limited to: posting or providing links to any Content which violates this User Agreement; conducting or providing links to any raffle, contest, or game which violates any local, state or national laws; displaying on your page any paid advertising or other paid sponsorship banner other than a Azvina Local Merchant; restricting access to your AZVINA page(s) or files only to users with passwords; using in the registration of your AZVINA membership an e-mail account that is not your own or that is or becomes inactive; sending unsolicited e-mail using a Azvina and/or a AZVINA.com address or containing any reference to your Azvina home page; or reproducing, distributing, republishing or retransmitting material posted by other Azvina members without the prior permission of such members.
12. We are not responsible for Content posted by members:
AZVINA is not responsible for the Content posted by AZVINA members or visitors on any area of our site including without limitation, Homepages, Travel Pages, forum discussions, and e-mail accounts. The opinions and views expressed by AZVINA's members or visitors do not necessarily represent those of AZVINA and AZVINA does not verify, endorse, or vouch for the Content of such page(s).
If you believe that any of the Content posted by our members or visitors violates your proprietary rights, including copyrights, please contact our Designated Agent to Receive Notification of Claimed Infringement identified below.
13. Monitoring:
You are solely and fully responsible for any Content that you post on any area of our site. You understand that AZVINA has no obligation to monitor the Services, or any other use by members of the Services. However, AZVINA reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in AZVINA's sole and absolute discretion are objectionable or in violation of this User Agreement. You acknowledge that AZVINA reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services, for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Services constitutes consent to such monitoring.
14. Links to Third-Party Sites:
This Web site may contain hyperlinks to Web sites operated by parties other than AZVINA. Such hyperlinks are provided for your reference only. AZVINA does not control such Web sites and is not responsible for their contents. AZVINA's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
15. Disclaimer of Warranties:
Your use of AZVINA Services are at your sole risk. All AZVINA Services, including travel packages sold on AZVINA Vacations, are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
16. Limitation of Liability:
AZVINA makes no guarantee of availability of Services and reserve the right to change, withdraw, suspend, or discontinue any functionality or feature of the AZVINA.COM Services. IN NO EVENT WILL AZVINA BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE AZVINA.COM'S SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, AZVINA.COM'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON AZVINA.COM'S SITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
17. Indemnification:
You agree to defend, indemnify and hold harmless Azvina, AZVINA Vacations, their affiliates, partners, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Services; (c) any non-compliance by you with the terms and conditions of this User Agreement; and (d) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Services, including the information obtained through the Services.
18. Trademarks:
"Azvina" and the Azvina logo are trademarks of Azvina.com and all other trademarks, Services marks and trade names used on the Services are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Azvina, or the owner of such trademark, servicemark or trade name.
