Terms & Conditions

1. ACCEPTANCE OF TERMS

Your use of this Website, located at http://www.unearthtravel.com, is subject to your irrevocable acceptance without modification of these Terms and Conditions of use (the "Terms") and you agree to use this Website in accordance with and subject to these Terms. The Terms as set out hereunder constitute the entire agreement between you and the UnEarth Travel Team. ("UnEarth Travel"). By accessing any part of this Website, you consent to be bound by these Terms and re-affirm that agreement every time you use this Website. If you have not read or do not accept any part of these Terms, do not use this Website. Violating these Terms may lead to your Account being terminated and exclusion from registering an Account with this Website in the future. These Terms are applicable to all pages and areas of the site, publicly visible or otherwise.

1.1 Definitions

  • "Terms" The terms and conditions of use of the Website.
  • "Website" This is http://www.unearthtravel.com .
  • "UnEarth Travel" are the owners of the Website and consist of: Robert Allen (RA), Jeremy Boote (JB) and Pip Bennett(PB).
  • "User" Anyone who accesses the Website. Users may choose to go through the process of Registration, which creates an Account. Users fall into one or a number of the following categories:
  • "Registration" The supplying of personal information to create an Account, that will allow more extensive use of the Website.
  • "Account" The User creates this through Registration. This is where personal information will be stored and password protected.
  • "Third Parties" Are organizations and businesses accessible via hyperlinks on the Website. Dealings between Users and Third Parties are the responsibility of the User and the ThirdParties, not UnEarth Travel.
  • "Intellectual Property" All pages and areas of the Website, publicly visible or otherwise are the Intellectual Property of UnEarth Travel.
  • "World Guide" The part of the site that provides travel information about the world via the Flash Player map system.
  • "Text Content" The travel related information that makes up the World Guide.
  • "Image Content" The images that are found within the World Guide.
  • "Editable Area" Those parts of the World Guide that can be edited.
  • "Non-editable Area" Those parts of the site which cannot be edited.

2. PRIVACY

2.1 UnEarth Travel is committed to respecting the privacy of all its visitors. A User's personal login information, as in a User's email and password, will never be made visible to the general public. However, UnEarth Travel may collect, store and use information submitted by a User to process registration and create an Account. UnEarth Travel will not pass on or sell any of a User's personal information to Third Parties unless the User has explicitly expressed their wish for UnEarth Travel to do so. This information may be used by UnEarth Travel to communicate with you, relating to your Website visits, for example with direct marketing via any means, of information about services and products that are related to those in the submitted information.

2.3 UnEarth Travel may use general information regarding Website usage to improve this Website and develop its features. This general information may also be made known to Third Parties. These statistics are solely for informative purposes and will not include information to identify an individual.

2.4 By the very nature of the internet, information that is publicly visible online might appear in search engine results or be linked to by other Websites. Any additional personal information that is chosen for submission can be password protected and removed from the public domain.

2.5 If you feel that your privacy is being abused in any way by, UnEarth Travel or by others, whereby UnEarth Travel could intervene or help, please contact issues@unearthtravel.com, with Subject: Privacy.

3. REGISTRATION & RESPONSIBILITIES

3.1 When go through Registration to create an Account with this Website, you agree to submit only honest, true, accurate, complete and current information about yourself, including your correct name, (email) address or any other details that are requested of you by UnEarth Travel

3.2 UnEarth Travel reserves the right to reject any registration and if any of the information you have submitted proves inaccurate, can remove the account without any further notice.

3.3 Users of this Website will maintain their own password protected Account and are responsible for any acts that happen and/or information that is posted from there and agree that this will comply with these Terms.

3.4 Users of this Website agree to keep their login password confidential.

3.5 Users of this Website agree that UnEarth Travel may reject any information without explanation.

3.6 UnEarth Travel may modify, edit or delete information posted on the Website.

5. USER CONDUCT

  • You agree that you will not use this Website to:
  • * submit, post, upload or otherwise transmit any content that is unlawful, defamatory, libellous, abusive, tortuous, harassing, threatening, vulgar, obscene, pornographic, or otherwise indecent or that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law;
  • * submit, post, upload, or otherwise transmit any content that infringes or otherwise violates the rights of any Third Party, including without limitation privacy rights and proprietary rights;
  • * submit, post, upload or otherwise transmit any content that contains viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
  • * submit, post, upload or otherwise transmit any content that is of consistently poor quality or that is deemed inappropriate as determined at the sole discretion of UnEarth Travel.
  • * submit, post, upload or otherwise transmit any content that would be against your employers regulations, rules or will.
  • * advertise or offer to sell any goods or services for any commercial purpose, except when functioning as a Provider.
  • * conduct, display, or forward surveys, contests, pyramid schemes, "spam" or chain letters;
  • * impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
  • * intentionally inflate any ratings for the purposes of falsely representing their quality;
  • * falsify or delete any attributions, legends or other proprietary designations of the origin or source of software or other Website Content appearing on this Website or contained in a file that is uploaded;
  • * harm minors;
  • * stalk or harass another individual;
  • * collect or store personal data about other Users; or
  • * violate any applicable local, state, federal, or international law or regulation.
  • * hacking whether successful or otherwise will be tackled with the full force of the laws pertaining to those activities.

5.2 UnEarth Travel holds no responsibility for the distribution of personal details once in the possession of Third Parties, that are linked to on the Website. This includes but is not limited to those instances where any User sends by any media their personal information to said Third Parties.

5.3 You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to copy any of the pages of the Website or data or content from this Website. In the case you are unsure if this applies to you, please obtain written permission from UnEarth Travel prior to publishing such content elsewhere.

6. MISUSE AND TERMINATION

6.1 UnEarth Travel reserves the right to remove any User for any of the offences listed under term 5 or for any other reason at UnEarth Travel's sole discretion.

6.2 Each User acknowledges that UnEarth Travel is entitled to withdraw any information if UnEarth Travel feels that it is meant to bring UnEarth Travel in disrepute, is incorrect or uninformative.

6.3 In the case you violate these Terms, UnEarth Travel has the right to terminate your Account and refuse you access to your Account on this Website, without any further notice. In the case of a serious violation, UnEarth Travel may also file suit against you for business interference or any other appropriate legal theories. In these cases UnEarth Travel will seek compensation from you for lost revenue and any potential damage to UnEarth Travel's reputation caused by your actions.

6.3.1 In the event of a User's access to their Account being removed, their email address will be recorded as having been removed and the User is prohibited from re-registering.

6.4 If you are aware of any possible misuse of this Website or any other actions or content which might be in breach of these Terms, please contact issues@unearthtravel.com, with Subject: Misuse.

7. INDEMNITY

You agree to indemnify, defend and hold harmless UnEarth Travel, its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable lawyer's fees) arising from your failure to comply with these Terms, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a Third Party, User information provided by you or from your violation of any applicable law.

8. DISCLAIMER OF WARRANTIES

Your use of UnEarth Travel is at your sole risk. All UnEarth Travel functionalities 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.

9. WAIVER, RELEASE AND LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER UnEarth Travel NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO (A) YOUR USE OR INABILITY TO USE THIS WEBSITE, (B) YOUR RELIANCE ON WEBSITE CONTENT, AND (C) ANY GOODS, SERVICES OR OTHER WEB SITES ADVERTISED ON THIS WEBSITE, EVEN IF UnEarth Travel OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST UnEarth Travel, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE.

10. LINKS AND ADVERTISEMENTS

UnEarth Travel, as well as Third Party ad servers displayed on UnEarth Travel, may provide links and advertisements to other Websites which are not under the control of, or which are not maintained by, UnEarth Travel. The links to any such Third Party Websites are provided for your convenience and information only. If you access these Websites you do so at your own risk. UnEarth Travel is not responsible for the content of those Websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content. The fact that a Website is linked to UnEarth Travel does not imply any endorsement or sponsorship by UnEarth Travel of that Website or that UnEarth Travel is affiliated in any way with the Third Party operating that Third Party Website. Products and services offered for sale or advertised, and other information found on UnEarth Travel, may be the products, services and information of Third Parties. Third Party products and services are not provided by UnEarth Travel. UnEarth Travel provides an interactive environment in which Users who are interested in sourcing products or services may find information about them on UnEarth Travel. If you purchase Third Party products and services, your legal relationship will be with the Third Party supplier and not with UnEarth Travel. You must check with any Third Party supplier as to the terms of provision of such products and services and the costs and charges involved. UnEarth Travel may receive fees or commissions from Third Parties for such products and services. UnEarth Travel makes no representations about the accuracy or suitability of the information provided on UnEarth Travel. The information is provided 'as is' without express or implied warranty. You use the information at your own risk and therefore agree to indemnify UnEarth Travel against any security breaches or any other problems that arise from payments through Third Party sites. UnEarth Travel does not control the legality, quality, safety or timeliness of any product or service that is purchased as a result of the use of information contained on UnEarth Travel.

11. CHANGES

11.1 UnEarth Travel reserves the right to change the functionality of this Website. UnEarth Travel may add, delete or stop offering content, functions and/or any other part of this Website at it's own discretion at any time.

11.2 UnEarth Travel reserves the right to change these Terms and Conditions from time to time. The Terms and Conditions governing your use are based on what is in effect at your time of use. The new Terms and Conditions will be posted on this page. These Terms and Conditions were last modified on 04/10/06

12. INTELLECTUAL PROPERTY

12.1 Text Content submitted to the site's Editable Areas is published under the Creative Commons Attribution-ShareAlike 1.0 Licence.

12.1.2 Text Content on the Non-editable areas of the site is the property of Unearth Travel.

12.2 Image Content is submitted to the site on the understanding that no contract or arrangement, financial or otherwise is entered into between Unearth Travel and the submitting User.

12.2.1 Unearth Travel reserves the sole right to use all Image Content in any manner it wishes, commercial or otherwise. No Third party can use Image Content without the written permission of Unearth Travel or the permission of the Copyright holder.

12.2.2 Image Content Copyright lies with the User that submitted the Image Content, but by submitting said Image Content, the User agrees to 12.2 and 12.2.1 above.

12.3Intellectual Property as defined in 1.1 is the property of Unearth Travel.

13. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website, except those portions outlined in 12.

14. MISCELLANEOUS

14.1 Failure by UnEarth Travel to enforce any of the Terms of this agreement does not mean those Terms or any of the other Terms in this agreement are waived.

14.2 The relationship between you and UnEarth Travel is not one of agency or partnership and you will not be deemed to be a partner, employee, agent or representative of UnEarth Travel by your use of this Website. UnEarth Travel reserves the right to assign or subcontract any or all of its rights and obligations under this agreement. You may not assign, dispose of or transfer your rights to any Third Parties without the written consent of UnEarth Travel.

14.3 The headings in these Terms and Conditions are only for convenience and not for interpretation.

14.4 Users of this Website agree that by posting any information or submitting any data to this Website, they are of an age to understand these Terms and any implications these might hold for them.

16. SEVERABILITY

These Terms and Conditions are severable. If ever any of these provisions is deemed to be unenforceable or invalid, such a provision will be enforced to the maximum permitted by applicable law. Such a provision will not affect the validity and enforceability of any other remaining provisions.

17. CHOICE OF LAW

These Terms and Conditions shall be governed and interpreted according to the laws of England and Wales. As such, any disputes arising from this site will fall under the jurisdiction of English and Welsh law and they have full and exclusive jurisdiction to resolve any issues arising from it.

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