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User Agreement

Terms of Services

Welcome to Earth.org: Open Travel Project, a Wiki-based travel site providing user-generated travel information. We appreciate your visit and your contributions: without our reader-contributors, it would not be possible to create a world-wide database full of useful information.

This Earth.org's User Agreement (the "User Agreement") sets forth the terms and conditions which apply to your use of all Earth.org web sites ("Earth.org"). Please read them carefully. By using and/or visiting Earth.org (collectively, including all Content), you signify your assent to both these terms and conditions (the "Earth.org User Agreement" and "Earth.org Privacy Policy"). These Terms apply to all users of the Earth.org Websites. If you do not agree to be bound by this User Agreement or the Privacy Police, please discontinue your use of the Earth.org Services.

By accessing the Services and/or submitting any text, pictures or other content ("Content") you signify your agreement to this User Agreement as it has been modified or amended.

Basic Rules for Use of the Services

Earth.org grants you a limited license to access and make personal use of this site. This does not include any resale or commercial use of this site or its contents; any collection and use of any postings; any derivative commercial use of this site or its contents; or any commercial use of data mining robots or similar data gathering and extraction tools.

It is a condition of your use of the Services that you do not: (1) restrict or inhibit any other user from using and enjoying the Services; (2) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (3) post or transmit comments containing harassing or offensive language, including sexual references or nicknames, racial slurs or rude comments; or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), "WAREZ" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork or use viruses, bots, worms, trojan horses or other harmful components; (4) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent (including nudity) information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (5) post or transmit content that encourages or provides instructional activities about illegal activities; (6) post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising; (7) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (8) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (9) resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database; (10) use the Services to collect personally identifying information about users of the Services in violation of our Privacy Policy; or (11) post or transmit comments of a purely political or religious nature or designed to promote any political or religious view over another.

You agree not to use or launch any automated system, including without limitation,"robots," "spiders," "offline readers," etc., that accesses the Website. Notwithstanding the foregoing, Earth.org grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.

You agree that you will not use the Services, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Earth.org at its sole and absolute discretion shall determine whether any information transmitted or received violates this provision.

Member Privileges

Earth.org encourages members to describe any place and destination they know, their travel experiences, build travel pages, and to share their travel experiences using our various features and functions.

We encourage members to describe their experiences and share their knowledge with other readers. We appreciate feedback from our members and we believe that this will increase the integrity of the products that we provide.

In order to access some features of the Website, you must create an account. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Earth.org immediately of any breach of security or unauthorized use of your account.

Age Limitation

You affirm that you are either more than 18 years of age, or an emancipated minor of at least 13 years of age, or possess the legal consent of your parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Advertisement

We may display advertisement or other forms of revenue-generating content, and/or links as well as our logo on our Members' Travel Pages. Our Members do not share in any revenue which may be derived from such advertisements. Our logo and the banner advertisements of our sponsors are a distinct and separate file from the Content provided on Member home pages and do not interfere with Members' Content.

Earth.org is not responsible for the delivery or quality of any goods or services sold or advertised by our sponsors on any part of the Earth.org sites.

Electronic Communications

Earth.org uses email to inform you of the status of your Travel Page, new membership benefits and features, or important changes or problems on our site, and to present special members-only opportunities to use or buy products and services that we think are appropriate to the interests of our community. You may elect not to receive our email messages by removing yourself from our mailing list; you will find instructions for doing so in every email. If you opt to answer the questions of other users, they may send you messages. Earth.org will not display your email address to other users. The best way to respond to an unwanted email request is to do nothing or to contact admin@earth.org for appropriate action.

Licensed Content

Anything contained herein to the contrary notwithstanding, by submitting Content to Earth.org in any form you grant Earth.org a royalty-free, perpetual, irrevocable, sublicenseable and transferable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, commercialize, communicate to the public, perform, display and otherwise fully exploit the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit anyone to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on Earth.org retains any and all rights that may exist in such Content. You grant Earth.org and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. Any user cannot assume that Earth.org will preserve all or any Content submitted to Earth.org.

Personal Profile Information

The personal profile information that you submit to Earth.org remains your property. We do not sell our member list. By submitting that information to Earth.org you grant Earth.org the right to use that information for the use of communication with you and establish contact or exchange information between users. Anyhow, you can elect not to receive our email messages by removing yourself from our mailing list. In addition, Earth.org reserves the right to release current or past member information in the event Earth.org believes that the membership is being or has been used in violation of this User Agreement or to commit unlawful acts, if the information is subpoenaed, or when Earth.org deems it necessary or appropriate. By agreeing to the conditions of this User Agreement, you hereby consent to disclosure of any record or communication to any third party when Earth.org, in its sole discretion, determines the disclosure to be appropriate.

Investigation of Complaints

We reserve the right to monitor and to investigate any complaints regarding any Content on Earth.org and to take the appropriate action if Earth.org finds any violation of this User Agreement. Accordingly, you agree that Earth.org will have the right to access your site at any time, without advance notice. If access to your site is restricted, whether by password or otherwise, you agree to provide Earth.org with whatever information is required to access your site. In the case of any such complaint, Earth.org reserves the right to remove the Content complained of while the Earth.org member and the complaining party attempt to resolve their dispute. This could result in your page(s) and/or contributions being removed from Earth.org for as long as it takes to resolve the dispute.

Termination of Membership

You may terminate your membership at any time by sending us your termination request via Contact Us form. Further, Earth.org reserves the right to modify or remove anything submitted to Earth.org, and to cancel any membership, at any time for any reason without prior notice. Earth.org is not obliged to maintain back-up copies of any material submitted or posted on our site. Actions or activities that may cause termination of your membership and/or removal of your page(s) include, but are not limited to: posting or providing links to any Content which violates this User Agreement; conducting or providing links to any raffle, contest, or game which violates any local, state or national laws; sending any unsolicited advertisement to other users; displaying on your page any paid advertising or other paid sponsorship banner; using in the registration of your Earth.org membership an email account that is not your own or that is or becomes inactive; sending unsolicited email using a Earth.org address or containing any reference to your Earth.org home page; or reproducing, distributing, republishing or retransmitting any material on Earth.org other than for personal use without the prior permission. Earth.org is the final arbiter of what is and is not allowed on our site.

Content Disclaimer

Earth.org is not responsible for the Content posted by Earth.org members or visitors on any area of our site. The opinions and views expressed by Earth.org members or visitors do not necessarily represent those of Earth.org and Earth.org does not verify, endorse, or vouch for the intent or accuracy of such information.

If you believe that any of the Content posted by our members or visitors violates your proprietary rights, including copyrights, please contact our Designated Agent to Receive Notification of Claimed Infringement identified below.

Monitoring

It is our intent to keep Earth.org free of any unwelcome Content as stated in this User Agreement. Therefore you are solely and fully responsible for any Content that you post on any area of our site. You understand that Earth.org has no obligation to monitor the Services or any use by members of the Services. However, Earth.org reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Earth.org's sole and absolute discretion are objectionable or in violation of this User Agreement. You acknowledge that Earth.org reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services, for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for purposes authorized in accordance with our Privacy Policy.

Infringement Policy

As noted above, Earth.org does not allow any material that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights. If you do not own the copyright or have express authorization and documented permission to use, adapt or excerpt another person's writing or images in whole or in part, do not post it on Earth.org. If you do have express permission you must say so clearly on each page where such content is displayed. Repeated infringement of this policy will result in your membership being terminated and your pages being removed.

If you have a concern regarding your use of copyrighted material on the Earth.org website, please contact Earth.org's agent, designated below, to respond to reports alleging copyright infringement.

Earth.org reserves the right, but not the obligation, to terminate your license to use the Earth.org websites if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.

Our designated agent to receive notification of claimed infringement is:

Mathias Stricker
Nymphenburger Str. 155
80634 München

All infringement claims regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must be in writing (either electronic mail or paper letter) and must include the following elements:

  • A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringed materials, a list of such materials.
  • Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or to be defamatory; and that is to be removed or made inaccessible; as well as information reasonably sufficient to permit us to locate the material.
  • Sufficient information to allow us to contact you, such as your address, telephone number, and/or valid electronic mail address.
  • A statement of your good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
  • Links to Third-Party Sites

    This Web site may contain hyperlinks to Web sites operated by parties other than Earth.org. Such hyperlinks are provided for your reference only. Earth.org does not control such Web sites and is not responsible for their contents. Earth.org's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

    Disclaimer of Warranties

    Your use of Earth.org Services and any content on Earth.org is at your sole risk. All Earth.org Services are provided on an "as is" basis without warranties of any kind, either express, implied,constructive, or statutory, including, without limitation, any implied warranties of merchantability, noninfringement, personal injury or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

    Limitation of Liability

    Earth.org makes no guarantee of availability of Services and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Earth.org Services. IN NO EVENT WILL EARTH.ORG BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE EARTH.ORG'S SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, EARTH.ORG'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON EARTH.ORG'S SITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMPUTER VIRUS, BUGS, FILE CORRUPTION, NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

    Any advice or information that you get from us in any form is without any warranty or guarantee as long as a warranty is not explicitly declared in written form.

    Indemnification

    You agree to defend, indemnify and hold harmless Earth.org, their affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any non-compliance by you with the terms and conditions of this User Agreement; (c) any misrepresentation made by you in connection with your use of the Services and (d) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Services, including the information obtained through the Services.

    Applicable Law

    You agree that the Earth.org Website shall be deemed solely based in Germany. By visiting Earth.org you agree that the laws of the Federal Republic of Germany, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Earth.org or its affiliates. Earth.org makes no representation that materials on these Services are appropriate or available for use outside of Germany. Those who choose to access these Services from outside of Germany do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

    Any dispute relating in any way to your visit to Earth.org shall be submitted to confidential arbitration and jurisdiction in Munich, Germany, except that, to the extent you have in any manner violated or threatened to violate Earth.org's rights, Earth.org may seek injunctive or other appropriate relief in any other country, and you consent to exclusive jurisdiction and venue in such courts.

    Miscellaneous

    We reserve the right to make changes to our site, policies, and these Conditions of Use at any time without notice.

    The headings used in this User Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this User Agreement or any provision hereof.

    Please review our other policies. These policies also govern your visit to Earth.org. If any one or more of the provisions of this Agreement should be or become invalid, then all other provisions shall remain effective. The invalid provision or provisions shall be replaced by an analogous amendment to the Agreement which comes closest to the intentions of this agreement.



    No warranty whatsoever is made that any of the articles we publish on our website are accurate. There is no assurance that any statement contained in one or all of the articles is true, correct, up to date or precise.

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