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ACCEPTANCE OF TERMS AND CONDITIONS
The use of the website www.EcoTrotters.com (hereinafter the “Website”)
provided by Lacar LLC. (hereinafter the “Company”) with legal domicile at 2295 Gateway
Oaks Drive, Suite 185, Sacramento, CA 95833, United States, is subject to the following
Terms and Conditions. By accessing the website, the user is explicitly agreeing
to comply to and to be bound by the Terms and Conditions available on the Website
at the moment of user’s access. As the Terms and Conditions are subject to change,
the user accepts the full responsibility of carefully reading the Terms and Conditions
each and every time the user wishes to use the website. If you do not agree with
these Terms and Conditions or any part hereof, do not access this website. The Company
reserves the right to change or modify at any time and at its sole discretion without
prior notice any of the Terms and Conditions regulating the Website.
PURPOSE
EcoTrotters.com is an online travel community that provides recommendations for
eco vacations and eco travel, allowing users to share ideas, suggestions, and travel
tips for travelers interested in ecotourism. Our community is focused on increasing
information to travelers interested in personal growth, volunteering, and learning
new ways to live on the planet through travel. Our focus is on hotels and activities
that promote responsible eco travel, and includes programs that minimize the negative
aspects of conventional tourism on the environment, in addition to enhancing the
cultural integrity of locals.
USE OF AND ACCESS TO THE WEBSITE
Website services provided by the Company in conformity with these Terms and Conditions
entail no cost or charge whatsoever for users, whether registered or unregistered.
General use of services does not require the user’s prior subscription or registration.
Notwithstanding the aforementioned, the Company reserves the right to subject the
use of certain services to the compliance with the corresponding user registration
available at
www.EcoTrotters.com/Account/CreateAccount.aspx. The user represents and
warrants that all information provided to the Company upon registration is true
and accurate. The user shall update all information provided upon registration to
accurately reflect the user’s profile when using the website.
The users represents and warrants being over the age of 18 and being of legal age
and have full capacity to accept the contractual obligations of the present Terms
and Conditions in accordance with applicable laws.
Notwithstanding the aforementioned, considering that there are no reliable technologies
available that may allow the Company to ensure that information provided by the
user is true and accurate (age in particular), the Company suggests that parents
or legal guardians of children under 13 supervise and advise their children or wards
regarding Internet use and explain to them that they are prohibited from accessing
websites such as this, where users must be over the age of 13. The Company further
invites parents or guardians of children under 13 to take the necessary precautions
so that said minors do not have access to this Website (for example, by applying
filters to websites).
The Company is particularly careful about the protection of minors and teens. If
you are a parent or guardian of a minor or teen and believe the content in this
website to be inappropriate for your child or ward or that the use of this website
could expose your child or ward to certain risks, such as participation in virtual
forums with strangers, please take the necessary precautions so that said minor
or teen does not have access to this Website (for example, by applying filters to
websites). It is of paramount importance that parents or guardians of minors or
teens supervise and counsel their children or wards regarding their use of Internet.
If you have accessed this website while trying to find out which websites your child
or ward visits and do not wish for your child or ward to continue accessing this
website, please take the necessary precautions to block your child or ward’s access
to this website (for example, by applying filters to websites). The Company shall
intervene in any situation that puts a minor or teen at risk upon knowledge of same.
However, as it is often impossible to control all users activities in websites,
parents or guardians must also cooperate to prevent this type of risk.
The Website shall be used in accordance with the present Terms and Conditions, guidelines
provided to users, the law, ethics, common practices, good faith, and public order.
It is expressly forbidden to use this Website for purposes considered unlawful,
prohibited in this Terms and Conditions, harmful to the rights and interests of
the Company or third parties, or that in any way damage, disrupt, restrict, or hinder
the normal use of the services or contents stored in any and all equipment belonging
to the Company or other users.
PERSONAL INFORMATION
All issues relating to personal information shall be addressed in our Privacy Policy
available at
www.EcoTrotters.com/Terms_Privacy/Privacy.aspx.
LICENSES
Access and use of this Website do not grant the user any right whatsoever to brands,
trademarks, tradenames, logos, or images of any sort appearing on the Website. Said
brands, trademarks, tradenames, logos, and images are the sole property of the Company
or third parties.
Any and all Website content is intellectual property of the Company or third parties
quoted in same. All existing or future rights over said contents shall in no way
be construed as transferred to the user.
DISCLAIMER OF WARRANTY AND LIABILITY
The Company does not guarantee the continuous operation or accessibility to this
Website, or the accuracy of its contents or its fitness for a particular purpose.
The information published in the Website by the Company is solely for informational
purposes and the Company does not warrant or represent that its contents are lawful,
reliable, accurate, complete, truthful, appropriate, or useful for any particular
purpose.
The Company provides its users a solely informational service. The information contained
in the website shall not be construed as an invitation to consume the products and/or
services included in the informational content published by the Company and/or users.
The Company is not responsible or liable in any way since is not affiliated with
the products and/or services included in the informational content published in
the website. Unless expressed otherwise, those persons and/or companies that commercially
exploit the products and/or services included in the informational content published
in this Website are exclusively responsible and liable for them. If you wish to
verify the information published in this Website, please contact a travel agent
of a person or company that may provide more information on the product or service
in question.
The Company values all contributions made to this Website by its community of users.
Notwithstanding this, the Company herein reserves editorial and artistic control
of this website. The Company shall, at its own discretion, decide which content
shall and shall not be published in the site.
The comments and opinions of registered users do not reflect the opinion of the
Company, which shall not be held liable for them.
Users shall make use of this Website at their own risk, the Company shall not be
liable or responsible whatsoever for damages of any nature that may arise from the
use the Website, including but not limited to any losses, damages, whether direct
or indirect, any loss related to or arising from any interruption of the service
or any consequence arising from the misrepresentation of a user in any communication
or interaction in this Website.
INDEMNITY
The user accepts full liability to the Company and third parties for damages arising
out of or relating to: the use of or access to the Website, the violation of the
Terms and Conditions or the violation of third party rights, including but not limited
to copyright, image, property, and privacy rights. The user warrants to indemnify,
defend, and hold harmless the Company, its directors, employees, or representatives
against any claim or compensation for damages, debts, losses, obligations, costs,
or expenses including but not limited to professional fees that may arise. Liability
shall continue regardless the termination of the contractual relation provided that
claims deriving from same have not prescribed.
TERMINATION OF SERVICES
The services provided on the Website are not limited in time. However, the Company
is entitled to suspend or discontinue a user’s use of those services at any time.
In this case, the Company shall not be held liable by users for any indemnification
and/or compensation, nor shall users be entitled to assert any claim whatsoever.
RIGHTS TO WEBSITE CONTENT
Unless otherwise stated in the Website, all texts, images, brands, logos, and any
other content shown in the Website (hereinafter “website content”) is the sole property
of the Company or third parties which own and reserve the corresponding rights,
including but not limited to: intellectual property rights and/or patent rights.
No license is conferred, assigned or released through the Website, and in order
to obtain any rights, the pertinent negotiations with the Company or third parties
must be conducted outside the Website.
USE OF FORUMS AND OTHER SPACES FOR
COMMENTS
The Website reserves the right to allow users to publish their travel experiences,
as well as any related messages in any forum or similar space in which the user
may express his or her opinions, whether in writing or through a file, picture,
video, or any other means. Should these services be available on the Website, the
user accepts full liability and responsibility for the contents published, as the
Company neither previously controls nor edits user publications, and accepts no
responsibility nor liability for same.
The Company reserves the right to remove user´s publications, images, videos or
any other contribution without prior notice and at its sole discretion.
The user agrees to publish, including by creating and posting links to other web
sites, only content that is appropriate and relevant to the subjects of the Website.
The official language of the website is English, therefore, all comments by the
users should be made in said language. Moreover, users warrant and represent that
they shall not publish any advertisements whatsoever. The following is a list of
some of the content considered inadmissible: contents which encourage racism, and/or
are defamatory, and/or libelous and/or result in unsolicited mailings, encourage
and/or promote illegal activities, and/or are contrary to the law, ethics, common
practice, or the public order, and/or encourage dangerous activities, involve any
risks or is harmful to the mental or body health of any party, and/or are harassing
or threatening or induce a sense of anxiety or fear of any sort, and/or violate
confidentiality agreements and/or infringe on any copyright or intellectual property
rights, and/or are invasive to privacy rights, and/or infringe on any trade secrets,
and/or imply commercial activities without the written consent of the Company. Should
the user publish any of the aforementioned contents, the Company shall be entitled
to remove any such inadmissible content, or links to any such content, and to cancel
the user’s access to the Website and/or institute the proper legal proceedings.
This Website promotes the freedom of expression of all its users. However, it also
considers that said freedom of expression shall be exercised with respect towards
others and as objectively as possible.
The publication of comments, reviews, pictures, or any other content allowed by
this Terms and Condition (texts, images, photographs, videos, links to third party
websites or videos, etc.) by users on this Website grants the Company a nonexclusive
irrevocable license of use of said content. In this sense, upon publication of said
content by users, the Company shall automatically be granted with all the rights
to freely distribute and/or publish said content by any means it considers appropriate.
This means that content may be, among other things, translated, distributed, and
reproduced in any way or media by the Company or any other person or entity authorized
by the Company, without the prior consent or notice to the user, and the user shall
not be entitled to any compensation and/or indemnification for same. The user warrants
and represents that he or she shall not publish content protected by intellectual
property rights, patent rights or by any other rights (image, privacy, etc.) of
third parties, and shall indemnify and hold harmless the Company upon any claim
that may arise from publications that may violate these Terms and Conditions.
The Company claims no ownership, affiliation with, or endorsement of any photos
or videos that are posted on the Website. The veracity of all photographs, images,
and videos is assumed by the user and their validity is not the responsibility of
the Company. Posts, photographs, images, videos or material that has no relevance
to the hotel, location or general travel experiences described in the attached review
or corresponding section will be removed or not published. Each photograph file
may not exceed 2MB in size. All photos submitted to the Website must be in .gif,
.jpg, .bmp, or .png format.
User accepts that the photographs and videos will not be uploaded automatically
and that the Company has the right, not the obligation, to reject or remove any
content, including any photograph, image, video, or link to any third party website
or video, that violates this Terms and Conditions or the Privacy Policy or are otherwise
reasonably believed by the Company of infringing a third party’s copyright, and
that the Company has no obligation to publish or upload any content at its own discretion
and without any notice to the User.
INAPPROPRIATE ACTIVITY OR CLAIMS POLICY
Users may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others, or create
or post links to any such material, without obtaining the prior written consent
of the owner of such proprietary rights. It is the policy of the Company to remove
any potentially infringing material, or links to any such material, and terminate
the user’s access to the Website if the user infringes the copyright rights of others
upon receipt of proper notification to the Company by the copyright owner or the
copyright owner's legal agent. You understand that if the Company removes links
to any infringing material posted on third party websites, such material would continue
to be available on such websites. If a user finds any Website content to be inappropriate
or has any objections or complaints regarding same, the user may inform it by completing
a
contact form.
If the complaint refers to any material or content incurring in copyright infringement
or any other violation of a right recognized by law, it must include the following
information: full name, address, telephone and email address, and a full and clear
identification/description of the protected material in question, information regarding
the person entitled to said rights and the capacity in which you make the claim.
In case you consider that you should not longer receive emails from the website,
you should use the opt-out option shown in each email. If you experience any kind
of difficulty using the aforementioned option or you have an issue regarding the
content of the emails sent by the Hotel members through the Website, you can send
us your concern using the
contact form.
Any person, whether a user or not, may make a complaint regarding the contents published
by our users and include the reasons for the complaint. The Company reserves the
right to evaluate the grounds for the complaint through a moderator and/or remove
the content if it is considered inappropriate and/or suspend or cancel access to
the Website of those who make unfounded complaints and/or suspend or cancel access
to the Website of those who upload inappropriate content and/or engage in activities
prohibited by this Terms and Conditions. The Company also reserves the right to
institute the pertinent legal proceedings.
GENERAL TERMS AND CONDITIONS
The Company is entitled to convey, subcontract, transfer, assign rights, obligations,
or duties herein contained. The user is not entitled to same.
If any provision of this Terms and Conditions shall be deemed unlawful, void, or
for any reason unenforceable, then said provision shall be substituted by a lawful
provision of the same nature and shall be deemed severable from this Terms and Conditions.
The validity and enforceability of any remaining provisions shall not be affected.
The user warrants that no association, work relationship or any other relationship
with the Company arise from this Terms and Conditions or the use of this Website.
The Terms and Conditions are only available in English, which the user warrants
to know and understand. The Terms and Conditions accepted by the user shall not
be saved individually as same are available on the Website for the user to consult
at any time.
LINKS TO OTHER WEBSITES
The Website may contain links that allow Users to access websites or content (such
as videos) owned or managed by third parties (“third party websites”).
The Company disclaims any liability whatsoever for damages of any kind that may
arise from the operation, availability, accessibility, or continuity of the links
and third party websites; the maintenance of information, contents, and services
in third party websites; quality, truthfulness, reliability, or usefulness of the
contents and information included in third party websites; the overall use of information
by third party websites. Links to third party websites do not imply commercial relationship
with, or acceptance, approval, or sponsorship of third parties by the Company. You
acknowledge that your use of any material on a third party website, including by
creating and posting links to any such material, is subject to the terms and conditions
provided by such third party website, regardless of whether you accessed such third
party website through a website or video link provided on the Site. The Company
hereby disclaims any liability related to your failure to adhere to the terms and
conditions governing such third party website, and you shall indemnify and hold
the Company, its owners and operators, affiliates, and/or licensors, harmless to
the fullest extent allowed by law regarding any claims or other consequences arising
out of such failure.
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