TravelSkoot

TravelSkoot Terms of Service

TRAVELSKOOT TERMS OF SERVICE
LAST REVISED ON: April 17, 2008

Acknowledgment and Acceptance of Terms of Service
Welcome to TravelSkoot, a service brought to you by NBC Universal, Inc. By accessing or using the TravelSkoot services which may be offered through one or more third party sites or via TravelSkoot.com (as well as any related or successor site(s), “TravelSkoot” or "Site"), you agree to the following terms and conditions (the "Terms of Service"). These Terms of Service comprise the entire agreement between you and TravelSkoot and supersede all prior agreements between the parties regarding the subject matter contained herein. In addition, when using particular services on or through the Site, you shall be subject to any posted policies and guidelines applicable to such services, including any terms or conditions applicable to services provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service. If you do not understand or agree with these Terms of Service, please do not use the Site or the TravelSkoot Service (as defined below) and do not register to be a member of the Site. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at shayna.nickel@nbcuni.com. BY COMPLETING THE REGISTRATION PROCESS, OR USING ANY OF PART OF THE TRAVELSKOOT SERVICE, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use TravelSkoot as long as you adhere to these Terms of Service.

Overview
TravelSkoot is a new and innovative service that allows you to create a personalized Skoot of a city or region. With TravelSkoot, you can build a customized tour based on your personal interest(s) (such as history, architecture, shopping or eating). Skoots can be sent to your cell or smart phone for use on-the-go, or you can send your personalized Skoot to family, friends and colleagues via email. A Skoot can be made public and shared with the entire TravelSkoot community or stored as private for personal use. TravelSkoot will also regularly post content and recommended Skoots for the TravelSkoot community. These Terms of Service apply to the Site and the TravelSkoot Service. All content and services made available through the Site that were not made available as of the "Last Updated" date above, shall automatically be deemed to be part of the TravelSkoot Service when first made available through the Site. You can access TravelSkoot at TravelSkoot.com.

Eligibility
Use of the TravelSkoot Service is intended for United States residents only, and void where prohibited. By using the TravelSkoot Service, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must be an individual of 13 years of age or older to register or use the TravelSkoot Service. We strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.

Privacy Policy
It is TravelSkoot’s policy to respect the privacy of its users. TravelSkoot’s policies with regard to personally identifiable information it collects from you, what information third parties affiliated with TravelSkoot collect from you, and how that information is used is governed by the TravelSkoot Privacy Policy, which you can access here: Privacy Policy

Registration

1.To Register. TravelSkoot is a free online service. Registration with TravelSkoot is required in order to create or save a Skoot. There is a link to “Sign Up” (“Register”) for TravelSkoot on the Log In page. To register with TravelSkoot, you must provide a valid email address, a user name (which will be used as a unique identifier for your account), your date of birth and a password. You may also enter your mobile phone number (optional). After your registration is complete, you may immediately begin building and saving your Skoot(s). A Registration Notification email will be sent to the email address provided. To finalize the TravelSkoot registration process, users must confirm receipt of the Registration Notification by following the instructions provided in the email. If you choose to access TravelSkoot on your phone, you will also need to provide and verify your mobile phone number by going to Settings. A text message containing a numerical code will be sent to your mobile phone number. To verify, enter the code where prompted. You may also change your mobile number and re-verify. Account information may be changed at anytime by going to Settings on the Site. You may also add an optional Avatar to your account by going to Settings and clicking on Avatar.

You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the TravelSkoot Service, to any third party. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available under Settings. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the TravelSkoot Service, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In consideration for using the TravelSkoot Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the TravelSkoot Service, and (2) maintain and update this information as required to keep it current, complete and accurate. Registraton information and any other personal information entered by you can be accessed by signing into the Site and selecting Settings. Your Skoots and favorites can be accessed by signing into the Site and selecting Build in MySkoots. If the information you provide to TravelSkoot is found to be inaccurate, TravelSkoot reserves the right to terminate your account immediately and your right to use the TravelSkoot Service.

2. Creating a Skoot : To create a Skoot, you must Log In to the Site. There is Login link on all Site pages. Once logged into TravelSkoot, users can begin to create a Skoot. There are different ways to create a Skoot. If, while using the “Browse” feature, you see a Skoot on the Site that you would like to copy and/or edit, click on the Copy icon in the icon bar in the upper right corner of the Site. A copy of the Skoot will be placed into your MySkoot’s. You may then edit and personalize the Skoot by accessing MySkoot’s, clicking on the “Edit” icon in the icon bar, and adding and deleting locations and comments. You may also create a Skoot from scratch by using the “Build” feature, clicking on Create New Skoot and inputting the required details about your Skoot. Specific locations can be searched by going to Find. You may rearrange the points on your Skoot at anytime by going to Arrange. Your Skoot may be saved and placed into your MySkoot’s. Once saved, if you have selected to make your Skoot public, it will be published to the Site for others to view, copy and edit. Your public Skoot will not be affected by edits made by other TravelSkoot users.

Restriction on Use of Content

You acknowledge that the TravelSkoot Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The entire Content, taken together, is protected under U.S. copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the TravelSkoot Service, including the Content.

The TravelSkoot name and logo is the property of NBC Universal, Inc.. All other trademarks appearing on the TravelSkoot Service are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content that they make available through the TravelSkoot Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the TravelSkoot Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Materials Submitted Through the TravelSkoot Service
You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other materials which are transmitted, posted, or distributed by you through the TravelSkoot Service, the information you post on your TravelSkoot MySkoot Account or in your registration, and any photos or images posted by you to the Site (collectively "Materials"). All Materials posted by you, are your sole responsibility. By posting Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.

TravelSkoot does not control the Materials posted by users such as yourself via the TravelSkoot Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials. By using the TravelSkoot Service you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable. Under no circumstances will TravelSkoot be liable in any way for any Materials posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Materials or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the TravelSkoot Service. Subject to the terms of TravelSkoot's Privacy Policy, you agree if you post any Materials through the TravelSkoot Service, you automatically grant to TravelSkoot, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Materials to other users of the TravelSkoot Service and to third parties with whom TravelSkoot has a relationship. You also grant TravelSkoot the right to authorize the downloading and printing in whole or in part of any Materials that you post to the TravelSkoot Service.

Please be advised that Materials submitted through the TravelSkoot service may not be reviewed by individuals with the expertise necessary to provide you with complete, accurate, or reliable information. TravelSkoot cannot guarantee the validity of Materials submitted through the Site.

Notwithstanding the foregoing, to the extent that you post Materials on the Site, you grant TravelSkoot a non-exclusive perpetual license to use the Materials and the name and license of you and any participants in connection with the operation of the Site, for advertisements and promotions of the TravelSkoot Service and the Site, and for any other purposes whatsoever, commercial or otherwise, in any form, medium or technology now known or later developed without compensation to the provider of the Submissions. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the TravelSkoot Service or otherwise stored in connection with the TravelSkoot Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the TravelSkoot Service, and the circumstances surrounding the transmission thereof, to (a) any third party in order to operate the TravelSkoot Service, (b) comply with applicable laws, (c) respond to governmental inquiries or requests, (d) comply with valid legal process, (e) protect the rights, privacy, safety or property of TravelSkoot, the Site visitors or the public, (f) permit us to pursue available remedies or limit the damages that we may sustain, and/or (g) enforce these Terms of Service.

Under no circumstances will we, or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on the Materials. The opinions expressed in reviews and user ratings reflect solely the opinions of the individuals who submitted such opinions, and may not reflect our opinions.

In addition, we have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the TravelSkoot Service. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK.

Your privilege to use the TravelSkoot Service depends on your compliance with the "Community Standards and Conduct" guidelines set forth in these Terms of Service. We may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, we may, in our sole discretion, terminate your account or participation in any feature of the TravelSkoot Service for any reason.

Community Standards and Conduct
You acknowledge that all Materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Materials originated. This means that you are entirely responsible for all Materials that you post, email or otherwise transmit via the TravelSkoot Service. We do not control all of the Materials posted via the TravelSkoot Service and, as such, do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the TravelSkoot Service, you may be exposed to Materials that are offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Materials, including, but not limited to, for any inaccuracies, errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the TravelSkoot Service.

You agree not to:

Post, transmit, or otherwise make available, through or in connection with the TravelSkoot Service:
Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Use the TravelSkoot Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the TravelSkoot Service.
Harm minors in any way.
Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the TravelSkoot Service or the servers or networks used to make the TravelSkoot Service available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the TravelSkoot Service, including without limitation by hacking or defacing any portion of the TravelSkoot Service; or disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the TravelSkoot Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
Use the TravelSkoot Service to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the TravelSkoot Service in a commercial manner.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the TravelSkoot Service.
Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the TravelSkoot Service any directory of TravelSkoot’s users or usage information or any portion thereof other than in the context of your use of the TravelSkoot Service as permitted under these Terms of Service.
Attempt to gain unauthorized access to the TravelSkoot Service, other accounts, computer systems or networks connected to the TravelSkoot Service, through password mining or any other means.
Remove any copyright, trademark or other proprietary rights notice from the TravelSkoot Service or Content or Materials originating from the TravelSkoot Service.
Frame or mirror any part of the TravelSkoot Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the TravelSkoot Service.
Create a database by systematically downloading and storing content from the TravelSkoot Service.
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from the TravelSkoot Service or reproduce or circumvent the navigational structure or presentation of the TravelSkoot Service.
Engage in any other conduct which, in TravelSkoot’s sole discretion, is considered inappropriate, unauthorized or objectionable.
Comply will all applicable laws, regulations, and ordinances as a condition of use of the TravelSkoot Service.

In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the TravelSkoot Service. Your use of the TravelSkoot Service is subject to all applicable local, state, national and international laws and regulations.

Further, you acknowledge that you are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other devices, necessary to access the TravelSkoot Service, and paying all charges related thereto.

No “Spamming”
You must not use any feature of the TravelSkoot Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by TravelSkoot. If you use any feature of the TravelSkoot Service for the purpose of sending Spam, TravelSkoot reserves the right to immediately terminate your access to the TravelSkoot Service and to seek appropriate legal recourse, as necessary. If you believe that other users are using the TravelSkoot Service for Spam, please notify TravelSkoot by sending an email to shayna.nickel@nbcuni.com.

Links to Third Party Sites
The TravelSkoot Service may provide, or third parties may provide, links to other World Wide Websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources. You understand that you may be exposed to Third Party Materials that are offensive, indecent or objectionable. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials available on or through any such site or resource.

Your Contact with Advertisers or Third Party Vendors
Third parties other than TravelSkoot and its affiliates operate stores, provide services, advertise, or sell products on this Site. In addition, we provide links to the sites of affiliates and certain other third parties. Your dealings with advertisers and third party vendors found on or through the TravelSkoot Service, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. TravelSkoot does not make any representations or warranties with respect to any goods or Websites that may be obtained from such third parties, and you agree that TravelSkoot will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site or the actions of such third parties. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which TravelSkoot has no control and which will govern your rights and obligations with respect to the use of those such third party’s product, services or Websites.

Product and/orService Descriptions
TravelSkoot and its affiliates attempt to be as accurate as possible. However, TravelSkoot does not warrant that product and/or service descriptions and other content on this Site is accurate, complete, reliable, current, or error-free.

Transactions with Organizations or Individuals

You also understand and acknowledge that TravelSkoot shall not be liable for your interactions with organizations or individuals found on or through the TravelSkoot Service, including, but not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. Please review the terms of service for the particular service. TravelSkoot also does not monitor the collection of money from organizations or individuals found on or through the TravelSkoot Service, and is not responsible for any such third party interactions. TravelSkoot reserves the right, but has no obligation to become involved in or monitor disputes between participants in the TravelSkoot Service.

Violation of Terms By Other Users
TravelSkoot asks that you participate in ensuring that all Users follow the terms and conditions of these Terms of Service by reporting any violations of these Terms of Service. To report a violation of this Terms of Service, please email us at shayna.nickel@nbcuni.com.

Indemnification
You agree to indemnify, defend and hold harmless TravelSkoot, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from your use of the Site and/or the TravelSkoot Service, including, but not limited to, all content therein and any products or services obtained by you through the Site and/or the TravelSkoot Service, the violation of these Terms of Service by you, the infringement by you (or other user of the TravelSkoot Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

DISCLAIMERS AND RELEASE
YOUR PARTICIPATION IN ANY TRAVELSKOOT SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE TRAVELSKOOT FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS TRAVELSKOOT, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH THE TRAVELSKOOT SERVICE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE TRAVELSKOOT SERVICE IS AT YOUR SOLE RISK. THE TRAVELSKOOT SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRAVELSKOOT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE TRAVELSKOOT SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE TRAVELSKOOT SERVICE. TRAVELSKOOT MAKES NO WARRANTY THAT THE TRAVELSKOOT SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE TRAVELSKOOT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. TRAVELSKOOT MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TRAVELSKOOT SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE TRAVELSKOOT SERVICE OR THAT DEFECTS IN THE TRAVELSKOOT SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT TRAVELSKOOT DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE TRAVELSKOOT SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO TRAVELSKOOT FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. TRAVELSKOOT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE TRAVELSKOOT SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE TRAVELSKOOT SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE TRAVELSKOOT SERVICE. TRAVELSKOOT MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE TRAVELSKOOT SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE TRAVELSKOOT SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAVELSKOOT OR THROUGH THE TRAVELSKOOT SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
TRAVELSKOOT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TRAVELSKOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE TRAVELSKOOT SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH TRAVELSKOOT OR A THIRD PARTY THROUGH THE USE OF THE TRAVELSKOOT SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE TRAVELSKOOT SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT TRAVELSKOOT IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE TRAVELSKOOT SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

Termination and Modification of the TravelSkoot Service
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the TravelSkoot Service, and remove and discard any Materials within the TravelSkoot Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the TravelSkoot Service, or any part thereof, with or without notice. You agree that any termination of your access to the TravelSkoot Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the TravelSkoot Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the TravelSkoot Service.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the TravelSkoot Service, including, but not limited to (i) restricting the time the TravelSkoot Service are available, (ii) restricting the amount of use of the TravelSkoot Service permitted, and (iii) restricting or terminating any user's right to use the TravelSkoot Service, with or without notice; (b) charge fees in connection with the use of the TravelSkoot Service; (c) modify and/or waive any fees charged in connection with the TravelSkoot Service; and/or (d) offer opportunities to some or all users of the TravelSkoot Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the TravelSkoot Service, in whole or in part, or of any service, content or feature offered through the TravelSkoot Service.

Jurisdictional Issues
The Site is controlled and operated by TravelSkoot from the United States, and is not intended to subject TravelSkoot to the laws or jurisdiction of any territory other than that of the United States. TravelSkoot does not represent or warrant that the TravelSkoot Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Notices
TravelSkoot may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to TravelSkoot in writing via email or as otherwise expressly provided by TravelSkoot. TravelSkoot may broadcast, distribute or display notices or messages through the TravelSkoot Service to inform you of changes to these Terms of Service, the TravelSkoot Service, thePrivacy Policy Privacy Policy>/a> or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

Governing Law and Other Miscellaneous Terms
These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and TravelSkoot. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in New York County, State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that any claim or cause of action arising out of your use of the TravelSkoot Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by TravelSkoot to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. TravelSkoot may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without TravelSkoot's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and TravelSkoot relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. These Terms of Service will inure to the benefit of TravelSkoot’s successors, assigns and licensees. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright and Copyright Notices
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please contact our Copyright Agent for Notice of claims of copyright infringement at:

help@travelskoot.com

Information or Complaints

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the TravelSkoot Service, please send an email to shayna.nickel@nbcuni.com. You may also contact us by writing to TravelSkoot, 904 Sylvan Ave, Englewood Cliffs, NJ 07632. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Modifications to These Terms of Service
TravelSkoot reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Site.