Use of the web-site located at www.globosapiens.net (the "Web-site") and the services available from the Web-site is subject to the following Terms and Conditions ("T&Cs"). Please read the T&Cs carefully before using or registering with the Web-site, as your use of the Web-site will signify your assent to be bound by these terms.
Section 2. The Web-Site.
The Web-site is privatly owned and operated GLOBOsapiens GmbH. Globosapiens.net is focused on building an online community of avid travelers. Members will use the Web-site to read about and choose travel destinations, plan their trips, share their travel experiences including pictures and purchase vacation packages from a select group of travel providers.
Section 3. Access and Registration.
In order to use the web-site, you need the equipment necessary to connect to the World Wide Web (the "WWW"), and the connection necessary to access the WWW. You are responsible for any fees associated with such a connection or access (such as those charged by an Internet Service Provider (an "ISP") or other online service). In order to submit travel journals to and obtain other benefits and services from the web-site, you must first register. You agree you will: (a) provide accurate and complete information when prompted to do so by any registration form, and (b) maintain and update such information so it remains accurate and complete.
Section 4. Privacy.
Your privacy is important to Globosapiens.net. All information gathered from you in connection with your use of the Web-site will be governed by the provisions of the Web-site's Privacy Statement.
Section 5. Member Account, Password and Security
Upon registration, you will choose a member name and password. You are responsible for keeping your member name and password confidential. We recommend you memorize this information and not write it down. You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify Globosapiens.net of any actual or suspected unauthorized use of your account and password. Globosapiens.net will not be responsible for any loss to you arising from your failure to comply with the above.
Section 6. Submission of Travel Reports (journals) and other Content.
Globosapiens.net aims to build a premier community of member submitted travel content. You, the member, are the best resource for real-life travel experiences. You understand that all journals, recommendations, opinions, news articles, directories, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages or other materials (collectively, "Content") appearing on the Web-site or submitted to the Web-site is the responsibility of the person or entity originating such Content, and Globosapiens.net disclaims any liability with respect to such Content (see Section 15 Disclaimer below). By submitting Content to the Web-site, you warrant that:
- (a) you are the owner of such Content, or have been granted all the rights necessary from the Content owner to submit such Content to the Web-site
- (b) the use of such Content by Globosapiens.net will not infringe the intellectual property rights of or otherwise violate the rights of any third party.
Section 7. Member Conduct.
You agree that you will not use the Web-site to:
- submit, post, upload or otherwise transmit any Content that is defamatory, libelous, abusive, tortuous, harassing, vulgar, obscene, or otherwise indecent;
- submit, post, upload, or otherwise transmit any Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights;
- submit, post, upload or otherwise transmit Content that contains viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
- submit, post, upload or otherwise transmit Content that is of consistently poor quality or that is deemed inappropriate as determined by the sole discretion of the Globosapiens.net editors;
- intentionally inflate journal ratings for the purposes of falsely representing the quality of any journal on the site; advertise or offer to sell any goods or services for any commercial purpose, with the exception of members termed experts or travel providers;
- conduct, display, or forward surveys, contests, pyramid schemes, "spam" or chain letters;
- impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
- falsify or delete any attributions, legends or other proprietary designations of the origin or source of software or other Content appearing on the Web-site or contained in a file that is uploaded;
- harm minors;
- stalk or harass another individual;
- collect or store personal data about other members; or violate any applicable local, state, federal, or international law or regulation.
UNLESS SPECIFICALLY STATED, Globosapiens.net DOES NOT CONTROL OR ENDORSE THE CONTENT DISPLAYED ON THE WEB-SITE, AND THEREFORE, CANNOT GUARANTEE THE ACCURACY, QUALITY, OR RELIABILITY OF THE CONTENT ON THE WEB-SITE, OR BE LIABLE FOR THE CONTENT ON THE WEB-SITE.
Section 7.1 Redemption of Globo Points.
Members who redeem GLOBO Points for Globosapiens.net rewards are subject to the following additional terms and conditions:
- Globosapiens.net may alter, suspend or discontinue any part of the Globosapiens.net Rewards program at any time.
- Globosapiens.net may withhold or limit the redemption of GLOBO points if members collude or conspire to award excessive GLOBO points through viewing journals only for point awarding purposes.
- Globosapiens.net may withhold or limit the redemption of GLOBO points if members create duplicate or false identities for the purposes of collected GLOBO points through viewing their own journals.
Section 8.Restricted and Permitted Uses.
All Content is protected under both German and foreign intellectual property laws, including, but not limited to, copyrights, trademarks, service marks, patents or other intellectual property and proprietary rights and laws. Unauthorized use of the Content may violate copyright, trademark and other laws. You must abide by all copyright notices, information or restrictions contained in or attached to any Content or portion of the Web-site.
You may make a single copy of the Content on your hard drive or in print for your own personal, non-commercial use, provided, that you do not alter the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You also may email a single copy of product reviews to your friends or other individuals, provided that they comply with the restrictions set forth in these T&Cs.
Except as explained in the preceding paragraph, you may not modify, copy, reproduce, display, publish, publicly perform, create derivative works of, sell, transfer, transmit, compile, collect in a database, distribute or otherwise use the Content in any way for any public or commercial purpose without the express, prior permission of the Company and/or the copyright holder identified in the applicable copyright notice. Requests for permission may be sent to firstname.lastname@example.org
If you violate any of these restrictions, your permission to use Content on the Web-site automatically terminates and you must immediately destroy any copies you have made of the Content.
Section 9. Copyright Infringement.
If you believe that any Content on the Web-site has copied your work in a way that constitutes copyright infringement, please contact Globosapiens.net's Copyright Agent in writing as follows:
Walter Andreas Pucko
In your communication with the Copyright Agent, please provide the following information:
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the allegedly-infringing Content is located on the Web-site;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- your address, telephone number and e-mail 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 are authorized to act on the copyright owner's behalf.
Section 10. Trademarks.
"Globosapiens.net" and "Globosapiens" are service marks of Globosapiens.net. You agree not to display or use in any manner any marks of Globosapiens.net without Globosapiens.net's prior permission. Third party trademarks, service marks, logos and trade names appearing on the Web-site are the property of their respective owners.
Section 11. Changes to Web-Site or T&Cs.
Globosapiens.net may alter, suspend or discontinue any part or service of the Web-site at any time, with or without notice. The Web-site is currently available to you free of charge. Globosapiens.net, however, reserves the right to charge you in the future for using one or more parts or services of the Web-site. Globosapiens.net will notify you of any fees associated with any part or service of the Web-site it may charge, and will require your subscription to that part or service of the Web-site prior to charging any such fees. In addition, Globosapiens.net reserves the right to modify these T&Cs at any time, with prior notice to you. Changes to the T&Cs will become effective when Globosapiens.net posts them here, or directly e-mails to you a notification of the changes. You agree to review these T&Cs periodically to become aware of any changes and your continued use of the Web-site will signify your assent to modified T&Cs. You further agree that these standards for notifying you of changes to the T&Cs are reasonable.
Section 12. Termination by Globosapiens.net; Failure to Comply with T&Cs.
Globosapiens.net may suspend or terminate your membership and/or deny your access to, or use or submission of Content to the Web-site, without prior notice and in its sole discretion, if Globosapiens.net reasonably believes that:
- your conduct violated any provision of these T&Cs;
- your conduct violated Globosapiens.net's or any third-parties' rights;
- it is inappropriate for you to enjoy continued access to or use of the Web-site.
Section 13. Termination by You.
You may discontinue your participation in and access to the Web-site at any time. These T&Cs will continue to apply to all past use of the web-site by you, even if you are no longer using it.
Section 14. Advertisements and Links.
The Web-site, as well as third party ad servers, may provide advertisements and links to other web sites operated by third parties. These advertisements and links are provided solely as a convenience to you and not as an endorsement by Globosapiens.net of their content, and the inclusion of such advertisements and links on the Web-site does not imply Globosapiens.net's endorsement of the material in such advertisements or on such other web sites. Globosapiens.net has no control over such advertisements or web sites. Globosapiens.net is neither responsible for their content of those external sites nor your dealings in connection with them. You agree that Globosapiens.net does not endorse those advertisements or web sites, is not responsible for their availability or their accuracy, or for their content, advertising, products, services or other resources. You further agree that Globosapiens.net will not be liable or responsible, directly or indirectly, for any loss suffered or alleged to be suffered in connection with the use of or reliance upon such content, advertising, products, services or other resources made available by such advertisements or web sites.
Section 15. Disclaimers.
THE WEB-SITE CONTAINS OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY THIRD PARTIES. Globosapiens.net DOES NOT REPRESENT, ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF SUCH CONTENT POSTED BY SUCH THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY SUCH THIRD PARTIES. YOU AGREE THAT ANY RELIANCE ON CONTENT POSTED BY THIRD PARTIES WILL BE AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEB-SITE AND MAY BE MADE AT ANY TIME.
THE WEB SITE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Globosapiens.net AND THE SUPPLIERS PROVIDING SOFTWARE OR SERVICES SUPPORT DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEB-SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTCULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY OF THE WEB-SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE WEB-SITE. ALTHOUGH THE CONTENT MAY BE UPDATED ON THE WEB-SITE FROM TIME TO TIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY. THEREFORE, SOME OF THE INFORMATION ON THE WEB-SITE MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. Globosapiens.net DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, ACCURACY OR RELIABILITY OF CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE.
ALTHOUGH Globosapiens.net INTENDS TO TAKE REASONABLE MEASURES TO PREVENT THE INTRODUCTION OF DESTRUCTIVE MATERIALS TO THE WEB-SITE, Globosapiens.net DOES NOT WARRANT THAT THE WEB-SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR OR DESTRUCTIVE MATERIALS. Globosapiens.net WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS SUFFERED OR ALLEGEDLY SUFFERED IN THE EVENT OF A FAILURE OR INTERRUPTION OF THE WEB-SITE OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEB-SITE AVAILABLE TO YOU, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF Globosapiens.net OR OF ANY SUPPLIER PROVIDING SOFTWARE OR SERVICES SUPPORT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE AFOREMENTIONED DISCLAIMERS MAY NOT APPLY TO YOU.
Section 16. Waiver, Release and Limitation of Liability.
YOU AGREE THAT NEITHER Globosapiens.net NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE WEB-SITE, INCLUDING, BUT NOT LIMITED TO
- (A) YOUR USE OR INABILITY TO USE THE WEB-SITE
- (B) YOUR RELIANCE ON CONTENT OF THE WEB-SITE
- (C) ANY GOODS, SERVICES OR OTHER WEB SITES ADVERTISED ON THE WEB-SITE, EVEN IF Globosapiens.net OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Globosapiens.net, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEB-SITE.
Section 17. Indemnification.
You agree to indemnify, defend and hold harmless Globosapiens.net its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all third party claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney's fees) arising from your failure to comply with these T&Cs, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, Content provided by you or from your violation of any applicable law.
Section 18. Applicable Law.
These T&Cs shall be governed by and construed in accordance with the laws of Germany, without giving effect to any conflict of laws provisions.
Section 19. Entire Agreement; Amendments and Waivers.
These T&Cs contain the entire understanding and agreement between you and Globosapiens.net with respect to the subject matter contained herein, supersedes all prior oral or written understandings and agreements relating thereto, except as otherwise expressly provided. These T&Cs cannot be amended, supplemented or changed, and no provision hereof can be waived, in whole or in part, except by written instrument making specific reference to these T&Cs signed by Globosapiens.net. No failure or delay by Globosapiens.net in exercising any rights, power, or remedy under these T&Cs shall operate as a waiver of any such right, power, or remedy.
Section 20. Severability.
If any portion of these T&Cs shall be held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, these T&Cs shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these T&Cs, and the remaining provisions of these T&Cs shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom.
Section 21. Assignment.
Globosapiens.net may assign its rights under these T&Cs to any party without your consent. These T&Cs shall inure to the benefit of Globosapiens.net, its successors and assigns.
Updated August 2002