PLEASE READ THESE TERMS OF USE ("Terms") CAREFULLY BEFORE USING
E-TAHITI TRAVEL (or eTahiti Travel) website (the "Site")
By using the Site, you signify your binding agreement to these Terms.
eTahiti Travel and its affiliates (collectively, "eTahiti Travel")
reserve the right, at our discretion, to change, modify, add, or remove
portions or all of these Terms at any time. Please check these Terms periodically
for changes. Your continued use of the Site following the posting of changes
to these Terms (including the Site's Privacy Policy) constitutes your
binding acceptance of those changes.
THE SITE
You may use the Site to make legitimate reservations or purchases,
but you cannot use the Site to make any speculative, false or fraudulent
reservation, any reservation in anticipation of demand, or for any
purpose that is deemed unlawful or prohibited by these Terms.
Please note that eTahiti Travel may change any or all of
the content on the Site, including, but not limited to, products, programs,
and/or services described in or offered through the Site, without notice
and without liability to eTahiti Travel.
COPYRIGHT & LICENSES
All materials and content on the Site, including, but not limited to,
images, illustrations, text, audio clips, and video clips, are protected
by or consist of copyrights, trademarks, service marks, and/or other intellectual
property rights ("Intellectual Property"). The Intellectual
Property is governed and protected by United States, French Polynesia
and worldwide copyright, trademark and/or other intellectual property
laws and treaty provisions, privacy and publicity laws, and communications
regulations and statutes. The Intellectual Property is owned or controlled
by eTahiti Travel or other parties that have licensed to eTahiti Travel
the right to use their Intellectual Property or the right to market their
products and/or services (collectively the "IP Providers").
eTahiti Travel is a trademark of eTahiti Travel,
Inc. Except as explicitly set forth on the Site, the Intellectual
Property is provided solely for your personal, non-commercial use.
You agree to abide by all additional copyright notices, information
or restrictions contained in any material or content on the Site
or any linked site. You may download any Intellectual Property contained
on the Site, solely for your personal, non-commercial use, consistent
with these Terms, provided that you maintain all copyright and other
notices contained in such Intellectual Property. You may not copy,
reproduce, republish, upload, post, transmit, distribute, and/or
exploit any Intellectual Property on the Site in any way (including
by e-mail or other electronic means) without the prior written consent
of eTahiti Travel or the IP Providers. Modification of any
Intellectual Property or use of any Intellectual Property for any
other purpose is a violation of the copyrights, trademark rights,
and other proprietary rights. The use of any Intellectual Property
on any other website or networked computer environment or maintaining
unauthorized links to the Site is prohibited by these Terms.
All software, applications, and modules (collectively,
"software") used on the Site are proprietary to eTahiti Travel or licensed to eTahiti Travel by other parties ("Software
Providers", together with IP Providers, the "Providers").
You may not reproduce, reverse engineer, create derivative works
of, reverse assemble or reverse compile, sell, lease, distribute,
rent, assign, transfer, or modify any software on the Site.
INFORMATION SENT FROM USERS
Content you send to eTahiti Travel, as between you and eTahiti Travel, whether via e-mail, forms, messages, ideas, and/or
suggestions, becomes the sole property of eTahiti Travel and
is transmitted at your sole risk. The Tahiti Traveler will assume
no liability for interception of such transmissions. eTahiti Travel will respond to customer service questions and may also
provide promotional information via e-mail in accordance with the
Site's Privacy Policy. You hereby represent and warrant that you
own or have the right to submit the foregoing to eTahiti Travel.
You are strictly prohibited from uploading any material
that contains any virus, worm, "trojan horse," time bomb
or similar contaminating or destructive feature. Violators may be
prosecuted to the maximum extent of the law.
RESPONSIBILITY
You are responsible for maintaining the confidentiality of your
account information and your password. You agree to accept responsibility
for all activities that occur under your account or password. By
using the Site, you represent that you are of sufficient legal age
to use the Site and to create binding legal obligations for any
liability you may incur as a result of the use of the Site. You
understand that you are financially responsible for all uses of
the Site by you and those using your account information and password.
If you should lose your password or become aware that an unauthorized
person may have access to your password, please contact Customer
Service immediately.
The Site may contain links to sites that are not maintained
by eTahiti Travel. While eTahiti Travel makes every effort
to include links to only those sites that are in good taste and
safe for our visitors, eTahiti Travel does not regularly review
materials posted at such sites. These links are provided solely
as a convenience to you and eTahiti Travel does not necessarily
endorse all of the materials appearing on such sites, eTahiti Travel shall not be responsible for the content on such sites,
and eTahiti Travel makes no representation regarding the content
or accuracy of the content and cannot guarantee that such sites
will not change without eTahiti Travel's knowledge. If you
decide to access linked any third party sites, you do so at your
own risk.
PRIVACY
You have read the Site's Privacy Policy, the terms of which are
incorporated herein, and agree to such terms.
DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, E-TAHITI TRAVEL AND ITS
PROVIDERS DISCLAIM (1) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND TITLE TO ANY OF THE SERVICES AND MATERIALS PROVIDED
ON THE SITE; (2) ALL WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES
AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ALL WARRANTIES, AND DO
NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SERVICES AND MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. YOU (AND NOT E-TAHITI
TRAVEL OR ITS PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT E-TAHITI TRAVEL'S FLIGHTTRACKER
IS NOT GUARANTEED, SPONSORED, WARRANTED OR ENDORSED BY THE FAA.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
E-TAHITI TRAVEL OR ANY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY DAMAGES
TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY
ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR
DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER
INFORMATION FORM THE SITE. IN NO EVENT SHALL E-TAHITI TRAVEL OR ANY PROVIDERS
OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY
SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISE OUT
OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE,
THE SITE OR THE SERVICES OR MATERIALS IN THE SITE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY
OF E-TAHITI TRAVEL OR ANY PROVIDERS EXCEED THE TOTAL CHARGES SET FORTH
IN THE ITINERARY GIVING RISE TO SUCH LIABILITY. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR
USE OF THE SITE SHALL BE AT YOUR OWN RISK.
INTERNATIONAL USE
eTahiti Travel makes no representation that materials or services
available on the Site are appropriate or available for use in locations
outside French Polynesia, and accessing them from territories where
their contents are illegal is prohibited. Those who choose to access
the Site from other locations do so on their own initiative and
are responsible for compliance with local laws.
TERMINATION
eTahiti Travel reserves the right, in its sole discretion,
and without liability, to terminate your access to all or part of
the Site, with or without notice, for any reason or no reason.
INDEMNIFICATION
You shall defend and indemnify eTahiti Travel and any Providers
and their officers, directors, employees, and agents from and against
any claim, cause of action or demand, including without limitation
reasonable legal and accounting fees, brought by or on your behalf
in excess of the liability described herein or by third parties
as a result of your use of the Site.
OTHER
These Terms shall be governed by and construed in accordance with the
laws of the Court of Papeete in French Polynesia, 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 shall be filed
only in the Court of Papeete in French Polynesia and you hereby consent
and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action. If any provision of these Terms 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. |
