User Agreement
DiscoverIceland.is User Agreement
Terms Of Services:
This Discovericeland.is and Xodus inc. User Agreement (the "User Agreement") sets forth the terms and conditions which apply to your use of the Discovericeland.is web site, including bookings offered by Discovericeland.is (the "Services"). Discovericeland.is and Xodus inc. are herein referred to as "DX". 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.
TW 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, you signify your agreement to this User Agreement as it has been modified or amended.
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. DX, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.
We value freedom of expression but we do not guarantee free speech:
We want to be completely honest about our policy. DX 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.
Child Online Protection Act Notification:
Pursuant to 47 U.S.C. Section 230(d), as amended, TW hereby notifies you that parental control protections (such as computer hardware, software, or filtering Services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, located at:
http://www.eff.org/pub/Censorship/Ratings_filters_labelling
and at the America Links Up website, located at:
http://www.netparents.org/parentstips/browsers.html
All purchases made on Discovericeland.is are FINAL and NON-REFUNDABLE.
DX is not responsible for the delivery or quality of any goods or services sold or advertised by our sponsors either through or on DX members' page(s).
E-mail:
DX uses e-mail to inform you of the status of Discovericeland.is 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 membership benefits including any and all free services that DX offers including, but not limited to, the Discovericeland.is hosting service.
Personal Profile Information:
The personal profile information that you submit to DX remains your property, but by submitting that information to DX you grant DX the right to use that information for internal marketing to members and direct e-mail marketing by DX. We do not sell our member list. In addition, DX reserves the right to release current or past member information in the event Discovericeland.is 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 DX 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 Discovericeland.is, in its sole discretion, determines the disclosure to be appropriate.
Investigation of Complaints:
We reserve the right to monitor and to investigate any complaints regarding any Content of DX members' pages and to take the appropriate action if DX finds any violation of this User Agreement. Accordingly, you agree that DX 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 DX with whatever information is required to access your site. In the case of any such complaint, DX reserves the right to remove the Content complained of while the DX member and the complaining party attempt to resolve their dispute. This could result in your page(s) being removed from DX for as long as it takes to resolve the dispute.
Termination of Membership:
DX is the final arbiter of what IS and IS NOT allowed on our site. Further, DX reserves the right to modify or remove anything submitted to DX, and to cancel any membership, at any time for any reason without prior notice. DX 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 Discovericeland.is Local Merchant; restricting access to your DX page(s) or files only to users with passwords; using in the registration of your DX membership an e-mail account that is not your own or that is or becomes inactive; sending unsolicited e-mail using a Discovericeland.is address or containing any reference to your Discovericeland.is home page; or reproducing, distributing, republishing or retransmitting material posted by other Discovericeland.is members without the prior permission of such members.
We are not responsible for Content posted by members:
DX is not responsible for the Content posted by DX members or visitors on any area of our site including without limitation, Travel Pages and e-mail accounts. The opinions and views expressed by DX's members or visitors do not necessarily represent those of DX and DX 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.
Monitoring:
You are solely and fully responsible for any Content that you post on any area of our site. You understand that DX has no obligation to monitor the Services, or any other use by members of the Services. However, DX 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 DX's sole and absolute discretion are objectionable or in violation of this User Agreement. You acknowledge that DX 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.
Infringement Policy and the Digital Millennium Copyright Act of 1998:
As noted above, DX does not allow any material that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights. If you don't own the copyright or have express authorization and documented permission to use it, don't put it on your site at DX (if you do have express permission you must say so clearly on each page where such content is displayed). DX will terminate the memberships of, and remove the pages of, repeat infringers.
DX complies with the provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA"). If you have a concern regarding the use of copyrighted material on the Discovericeland.is website, please contact DX's agent, designated below, to respond to reports alleging copyright infringement.
As such, TW, pursuant to 17 U.S.C. Section 512 as amended by Title II of the DMCA, reserves the right, but not the obligation, to terminate your license to use the TW websites if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. DX accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), DX has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. Our designated agent to receive notification of claimed infringement is:
Xodus inc.
Grofin 7
230 Reykjanesbaer
Iceland
The DMCA specifies that all infringement claims regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must be in writing (either electronic mail or paper letter) and must include the following elements:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
To learn more about the Discovericeland.is Copyright Act of 1998, visit http://lcweb.loc.gov/copyright/onlinesp/
Links to Third-Party Sites:
This Web site will contain hyperlinks to Web sites operated by parties other than DX. Such hyperlinks are provided for your reference only. DX does not control such Web sites and is not responsible for their contents. Discover Iceland'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.
Disclaimer of Warranties:
Your use of DX Services are at your sole risk. All DX Services 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.
Limitation of Liability:
DX makes no guarantee of availability of Services and reserve the right to change, withdraw, suspend, or discontinue any functionality or feature of the Discovericeland.is Services. IN NO EVENT WILL DX 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 Discovericeland.is SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, Discovericeland.is REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON Discovericeland.is 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.
Indemnification:
You agree to defend, indemnify and hold harmless Discovericeland.is, their affiliates 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.
Trademarks:
Discovericeland.is, Xodus inc. and the Tourstweb.net and Xodus inc. logos are trademarks of Xodus inc. 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 Xodus inc., or the owner of such trademark, servicemark or trade name.
Export Control Information:
Unless otherwise specified, the materials on the Services are presented solely to provide information regarding and to promote DX's Services and other products available around the world. These Services are controlled and operated by Xodus from its offices in Iceland.
The headings used in this User Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this User Agreement or any provision hereof.
