EUROPEANHOSTELS.COM PROVIDES THIS WEB SITE (THE "SITE") TO YOU SUBJECT TO THESE TERMS OF SERVICE (THESE "SITE TERMS"). PLEASE READ THESE SITE TERMS CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS WEB SITE.
These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with EuropeanHostels.com for products, services or otherwise. EuropeanHostels.com reserves the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review the Site Terms and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, you must stop using the Site.
Please refer to EuropeanHostels.com's Privacy Policy for information on how EuropeanHostels.com collects, uses and discloses personally identifiable information from its users.
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the EuropeanHostels.com logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and their selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of EuropeanHostels.com or any of its parents, affiliates or subsidiaries, its licensors or users and are protected by U.S. and international trademark and copyright laws. The Site and all Site Content is (C) 2008 Over There Interactive, Inc. All Rights Reserved.
The Site contains forums, user reviews and other interactive areas in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). To the extent that EuropeanHostels.com provides access to such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a.Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b.Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
c.Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d.Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e.Unsolicited promotions, political campaigning, advertising or solicitations;
f.Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g.Viruses, corrupted data or other harmful, disruptive or destructive files;
h.Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i.Content that, in the sole judgment of EuropeanHostels.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose EuropeanHostels.com or its affiliates or its users to any harm or liability of any type.
EuropeanHostels.com takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is EuropeanHostels.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, EuropeanHostels.com is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although EuropeanHostels.com has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, EuropeanHostels.com reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect EuropeanHostels.com's systems and customers, or to ensure the integrity and operation of EuropeanHostels.com's business and systems, EuropeanHostels.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addresses and traffic information, usage history, and posted Content. EuropeanHostels.com's right to disclose any such information shall govern over any terms of EuropeanHostels.com's Privacy Policy.
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant EuropeanHostels.com and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant EuropeanHostels.com and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant EuropeanHostels.com the right to pursue at law any person or entity that violates your or EuropeanHostels.com's rights in the Content by a breach of these Site Terms.
Content submitted by users will be considered non-confidential and EuropeanHostels.com is under no obligation to treat such Content as confidential and/or proprietary information. Without limiting the foregoing, EuropeanHostels.com reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. EuropeanHostels.com is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to EuropeanHostels.com. EuropeanHostels.com shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by EuropeanHostels.com or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release EuropeanHostels.com, and its licensees, successors and assigns, from any claims that you could otherwise assert against EuropeanHostels.com by virtue of any such moral rights.
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to EuropeanHostels.com, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to EuropeanHostels.com.
You confirm that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your log-in information.
This website may contain hyperlinks to websites operated by parties other than EuropeanHostels.com. Such hyperlinks are provided for your reference only. EuropeanHostels.com does not control such websites and is not responsible for their content. The inclusion of hyperlinks on this website to such other websites does not imply any endorsement of the material on such websites or any association with their operators.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY EUROPEANHOSTELS.COM, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EUROPEANHOSTELS.COM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE SITE. EUROPEANHOSTELS.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.
EUROPEANHOSTELS.COM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE EUROPEANHOSTELS.COM ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, EUROPEANHOSTELS.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST EUROPEANHOSTELS.COM, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT EUROPEANHOSTELS.COM HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER EUROPEANHOSTELS.COM NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM EUROPEANHOSTELS.COM OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EUROPEANHOSTELS.COM'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EUROPEANHOSTELS.COM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EUROPEANHOSTELS.COM FOR ACCESS TO OR USE OF THE SITE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Site (excluding Third-Party Sites) is controlled by EuropeanHostels.com and operated by Over There Interactive, Inc. from its office in New York, NY. While EuropeanHostels.com has made no effort to publish the Site elsewhere, the Site is accessible in all 50 states of the United States and in other countries. You and EuropeanHostels.com both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and EuropeanHostels.com explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of New York, without regard to its conflicts of law principles. You agree that all claims you may have against Over There Interactive, Inc. arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in New York, NY. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than New York, NY, you will be responsible for compliance with all local laws of such other jurisdiction.
Notwithstanding any provision of these Site Terms, EuropeanHostels.com reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Site Terms or your use of the Site, please email us at comments@europeanhostels.com.