EinzelbilderTravel Terms of Use

Last Revised: October 7, 2015

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and EinzelbilderTravel (“EinzelbilderTravel,” “we,” or “us”) with respect to your use of (the “Site”), including any Content (as defined in Section 2.1 below). By accessing or using the SITE in any manner (whether automated or otherwise), you (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, and (B) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where your reside). IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT USE THE site.

  1. Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.
  1. Scope of and Restrictions on Use.
    1. Right to Use the Site. Subject to these Terms of Use, EinzelbilderTravel grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Site (collectively, the “Content”).
    2. Restrictions. You agree not to:
      • except as otherwise provided in these Terms of Use, copy, download, or store the Content in a retrieval system for any other purpose, or redistribute, reuse, or modify the Content for any purpose, without the express written permission of EinzelbilderTravel;
      • collect information from the Site using an automated software tool or manually on a mass basis;
      • use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
      • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
      • “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
      • promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes;
      • send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
      • restrict or inhibit other users from accessing or using the Site;
      • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
      • access or use the Site or any Content for any unlawful purpose or otherwise beyond the scope of the rights granted to you in these Terms of Use.
  1. Ownership. The Site and the Content are owned by EinzelbilderTravel and its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of EinzelbilderTravel and its licensors. You acknowledge and agree that, as between you and EinzelbilderTravel, EinzelbilderTravel is and shall remain the sole owner of the Site and the Content (except User Content (as defined in Section 5.1 below)), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
  1. Account Registration and Security. Access to and use of the Site may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify EinzelbilderTravel of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
  1. User Content.
    1. User Content and Restrictions. Certain features of the Site may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) user-generated Content (“User Content”) and interact with others through user comment areas, message boards, direct messages, and similar user-to-user areas. You may not post any User Content that:
      • is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
      • constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
      • contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;
      • infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
      • constitutes or encourages criminal conduct;
      • contains false, misleading, fraudulent, or deceptive claims or content;
      • gives the impression that it emanates from or is endorsed by EinzelbilderTravel or any other person or entity, if this is not the case; or
      • contains any virus, malware, spyware, or other harmful content or code.
    2. Rights You Grant to Us. You hereby grant to EinzelbilderTravel an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on the Site for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in your User Content, even if your User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to EinzelbilderTravel that you own or control all rights in and to such User Content and have the right to grant the rights above to us.
    3. No Responsibility. You acknowledge and agree that you are solely responsible for your User Content, and that EinzelbilderTravel is not responsible for, and does not endorse, any User Content.
    4. No Obligation to Prescreen, Monitor or Use. EinzelbilderTravel does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on the Site. However, EinzelbilderTravel retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on the Site. We have no obligation to retain or provide you with copies of your User Content, nor do we guarantee any confidentiality with respect to your User Content.
    5. No Confidential or Proprietary Submissions. While we appreciate your interest in the Site and our business, EinzelbilderTravel does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of EinzelbilderTravel might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly set forth in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Site or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary.
  1. Electronic Communications. The communications between you and EinzelbilderTravel via the Site use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  1. Privacy Policy. You acknowledge and agree that all personal information collected by EinzelbilderTravel is subject to our Privacy Policy. By using the Site, you consent to all actions we take with respect to your personal information in compliance with our Privacy Policy. If you use the Site outside of the United States, you consent to having your personal information transferred to and processed in the United States.
  1. Sweepstakes, Contests, and Other Promotions. In addition to these Terms of Use, sweepstakes, contests, and/or other promotions (collectively, “Promotions”) made available through the Site may have specific rules that are different from these Terms of Use. By participating in a Promotion, you will become subject to those rules. We urge you to review the applicable rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms of Use. 
  1. You agree to indemnify, defend, and hold EinzelbilderTravel and its affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the “EinzelbilderTravel Entities”) harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of EinzelbilderTravel.
  1. Disclaimers; Limitations of Liability.
    1. Disclaimers. THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND EinzelbilderTravel HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE VEGANTRAVEL ENTITIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT, NOR DO THE VEGANTRAVEL ENTITIES REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, THE VEGANTRAVEL ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO TERMINATE YOUR ACCOUNT (IF ANY) AND TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE.THE VEGANTRAVEL ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE VEGANTRAVEL ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE.
    2. Limitations of Liability. to the fullest extent permitted by law, IN NO EVENT WILL THE VEGANTRAVEL ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE VEGANTRAVEL ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THESE TERMS OF USE OR THE SITE OR ANY CONTENT IS LIMITED TO THE GREATER OF (a) THE AMOUNT PAID, IF ANY, BY YOU TO VEGANTRAVEL IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (b) U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.
    3. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 10 may not apply to you.
  1. Reporting Copyright Infringement and Abuse
    1. Copyright Infringement. EinzelbilderTravel take claims of copyright infringement seriously. It is EinzelbilderTravel’s policy to disable and/or terminate the accounts of users who are repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:
      • your physical or electronic signature;
      • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
      • identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
      • adequate information by which we can you (including your name, postal address, telephone number and, if available, email address);
      • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
      • a statement that the information in your written notice is accurate; and
      • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated agent to receive DMCA notices is:
        • Shannon H.
          Chief Privacy Officer
          2655 Crescent Drive, Suite B
          Lafayette, CO 80026
          [email protected]*NOTE:This information is for inquiries regarding potential copyright infringement only.If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
    2. Reporting Abuse and Blocking. If you see something on the Site that you believe violates these Terms of Use, please report it to us using our online form. Please note that reporting something does not guarantee that it will be removed from the Site, as we may determine that it does not violate these Terms of Use. If another user sends you a message or otherwise communicates with you via the Site in an unwanted manner, we offer you the ability to block further communications from that user by using the “block” button on the main members page. You may also modify the privacy settings by changing the visibility in areas such as the country label to be visible to only friends or just yourself.
  1. Third Party Materials. The Site may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that EinzelbilderTravel is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. EinzelbilderTravel does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
  1. Linking and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The Site may provide certain social media features that enable you to:
    • link from your own or certain third-party websites to certain Content on the Site;
    • send emails or other communications with certain Content, or links to certain Content, on the Site; and
    • cause limited portions of Content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • link from your own or certain third-party websites to certain Content on the Site;
  • establish a link from any website that is not owned by you;
  • cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website;
  • link to any part of the Site other than the homepage; or
  • otherwise take any action with respect to the Content on the Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission, and to disable any or all social media features and any links, at any time without notice.

  1. Changes; Suspension and Termination.
    1. Changes to the Site. EinzelbilderTravel reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Content) at any time. You agree that EinzelbilderTravel will not be liable to you or to any third party for any such change, suspension, or discontinuance.
    2. Suspension/Termination of Access. EinzelbilderTravel has the right to deny access to, and to suspend or terminate your access to, the Site or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use.
    3. Termination of Terms of Use. If we terminate your access to the Site pursuant to Section 2, these Terms of Use will automatically terminate. You may terminate these Terms of Use at any time by closing your account and discontinuing your access to and use of the Site.
    4. Surviving Terms. In the event of any termination of these Terms of Use, whether by you or us, Sections 2, 3, 5.2, 9, 10, 14.4, and 15 will continue in full force and effect.
  2. Miscellaneous.
    1. Geographic Restrictions. EinzelbilderTravel is based in the State of Colorado in the United States. We make no claims that the Site or the Content are accessible or appropriate outside of the United States. Access to and use of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
    2. Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site or Content shall be instituted exclusively in the federal or state courts located in Denver, Colorado. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    3. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    4. Waiver of Jury Trial. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR CONTENT.
    5. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.
    6. Entire Agreement. These Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and EinzelbilderTravel with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
  1. Questions. If you have any questions about the Site or these Terms of Use, please us using our online form.
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