Virtual Vacations

Virtual Vacations Terms of Service. Last updated: October 1, 2007

Welcome! By using Virtual Vacations services, including the Virtual Vacations web site, you acknowledge that you have read and understood, and agree to be bound by all of the following terms and conditions ("Agreement"). Please read this Agreement carefully before using our services.

Trellistar, LLC. (referred within this Agreement as "Virtual Vacations", "we", or "us") provides its web site service to you subject to this Agreement, which may be updated by Virtual Vacations from time to time without notice to you. By using the Virtual Vacations web site or application, you acknowledge that you have read and understood this Agreement, and agree to abide by it fully. You may review the most current version of this Agreement by visiting http://www.govirtualvacations.com.

This Agreement is the complete agreement regarding your usage of the Virtual Vacations service, and supersedes any oral or written communication between you and any employee, officer, or affiliate of Virtual Vacations. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Virtual Vacations. You may also be subject to additional terms and conditions that may apply when you use other optional Virtual Vacations services, third-party content or third-party software.

This Agreement and the relationship between you and Virtual Vacations shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Virtual Vacations agree to submit to the personal and exclusive jurisdiction of dispute resolution venues located within the county of San Mateo, California, United States. The failure of Virtual Vacations to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Virtual Vacations web site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

1. ACCESS TO THE SERVICE

In order to use this web site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide, at your expense, all equipment necessary to make such connection to the World Wide Web, including, but not limited to, a computer and modem or other access device.

2. LIMITATION OF RELIABILITY AND ENDORSEMENTS

Virtual Vacations does not represent or endorse the accuracy or reliability of any of the information, content, messages, graphics, drawings, reviews, or advertisements contained on, distributed through, or linked, downloaded or accessed from this web site, nor the quality of any products or services, information or other materials displayed, purchased, or obtained by you as a result of a review, an advertisement, or any other information or offer in or in connection with this web site. You acknowledge that any reliance upon any of the information, content, messages, user reviews, or advertisements contained on this web site shall be at your sole risk.

Your correspondence or business dealings with, or participation in promotions of, merchants, advertisers, or users found on or through Virtual Vacations, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant, advertiser, or user. You agree that Virtual Vacations shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, merchants, or users on the Virtual Vacations web site. In the event that you have a dispute with one or more users or merchants, you release Virtual Vacations (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Virtual Vacations does not actively monitor or edit messages or other content submitted by users. You hereby agree and acknowledge that Virtual Vacations is merely a service provider under Section 230 of the 1996 Communications Decency Act. You further acknowledge and agree that we have no obligation to edit or delete content which you may find objectionable, offensive, or that you may allege to be defamatory. You further acknowledge and agree that messages or other content submitted by users are the sole opinion of the writer, and agree not to hold Virtual Vacations liable in any way for any such content. Virtual Vacations will only remove content if requested by the original author or his/her authorized agent, or if ordered by a court of law with relevant jurisdiction.

3. ERRORS AND OMISSIONS

Virtual Vacations is not responsible for any errors or omissions, or for any losses you or any other third party might incur as a result of our errors or omissions, even if we have been previously advised of such errors or omissions. If you believe there is an error in content within the site, you may contact us. However, we are under no obligation to investigate your request, or to make any changes you may suggest. Virtual Vacations reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of this web site without notice to you. Although Virtual Vacations does not actively edit or delete user-submitted content, we reserve the right to do so at any time, with or without notice to you, and with or without cause.

You acknowledge that even though Virtual Vacations provides a filter for material that is adult in nature, the filter is not foolproof and you may be exposed to material that is adult in nature. You agree to not hold us liable for such inadvertent exposure to you to such material.

4. EXTERNAL SITES AND RESOURCES

Because Virtual Vacations has no control over external sites and resources, Virtual Vacations is not responsible for the availability, accuracy, intellectual property compliance, legality or decency of material contained in sites listed in any section or in any other external link, including advertisers, that you may access from this web site. You further acknowledge and agree that Virtual Vacations 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 external content, goods or services.

5. INTELLECTUAL PROPERTY

Virtual Vacations respects the intellectual property rights of others, and we ask our users to do the same. All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which it originated. You, and not Virtual Vacations, are entirely responsible for anything you upload, email, post, or otherwise transmit to us. You agree not to transmit any information to our web site in any way that violates the intellectual property rights of any third party, including copyright infringement. If any page within the Virtual Vacations web site contains what you believe to be your work in a way that constitutes copyright infringement, please notify us immediately by following the procedure set forth below.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Please submit such notices in written form, postage pre-paid, to:

Trellistar, LLC.
Attn: DMCA department
959 Johnson St.
Redwood City, CA 94061

DMCA notices must contain the following information in order to be processed:

- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity. In order to comply with this requirement, please include at least a link to the relevant portion(s) of the Virtual Vacations web site that contain the alleged infringing material.
- The address, telephone number, and e-mail address of the complaining party.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that making a false statement can lead to very expensive civil fines, litigation, and legal fees.
- A physical signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.

6. REGISTRATION AND PRIVACY

There are certain sections within Virtual Vacations that require registration. By registering within these areas and using these areas, you agree to provide true and accurate information as requested, and to make timely updates if any of your personal information changes. You are fully responsible for all activity that occurs under your password or account, and you agree to keep your password and account confidential.

You are hereby notified that we record your email address, IP address, and other personal identifying information and usage data when you use our web site. You acknowledge that you have reviewed and agreed to our Privacy Policy, located at http://www.govirtualvacations.com.

7. OUR RIGHT TO DISCONTINUE SERVICE

Virtual Vacations reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the web site service with or without notice. You agree that Virtual Vacations shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Virtual Vacations, in its sole discretion, may terminate your account for any reason whatsoever, with or without notice. You agree that Virtual Vacations shall not be liable to you or any third party for any termination of your access.

8. OUR PROPRIETARY CONTENT

You acknowledge and agree that Virtual Vacations contains proprietary and confidential information ("Content") that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in reviews, messages, advertisements or any other information presented to you through Virtual Vacations, advertisers, merchants, or users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on Virtual Vacations, in whole or in part. You grant to Virtual Vacations a non-exclusive, worldwide, irrevocable, sublicenseable, royalty-free, perpetual license to all reviews, messages, images, and other data you transmit to Virtual Vacations. You agree and acknowledge that all reviews, messages, images, and other data you submit to Virtual Vacations irrevocably become part of the Content of Virtual Vacations. If you choose to submit suggestions to improve our service, you acknowledge that you do so voluntarily, and in doing so you agree to assign to Virtual Vacations all rights to any and all such suggestions (including patentable inventions), and to make best efforts to assist Virtual Vacations in the filing, prosecution, or other perfection of any such intellectual property rights. You further agree not to assert any claims against Virtual Vacations under any intellectual property rights you may have obtained that are based in whole or in part on any voluntary suggestions you may have submitted to us, or to permit others to assert any such claims.

9. PROHIBITED CONTENT AND USES

You agree that your use of the Virtual Vacations web site shall not in any way: (1) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (2) be fraudulent, false, misleading, or inaccurate; (3) involve the swapping of counterfeit or stolen items; (4) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (5) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (6) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors; (7) cause, create, or transmit any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (8) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (9) send unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam"; or 10) attempt in any way to access, modify, or utilize the Virtual Vacations web site in any way not intended, otherwise known as "hacking". You agree that Virtual Vacations may immediately terminate, without any warning, your account and your access to Virtual Vacations if you conduct these activities. You expressly agree to indemnify us against any and all liability arising from you conducting these activities, as set forth in Section 11 of this Agreement. You may not engage in any activity (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates any of our restrictions or prohibitions. Virtual Vacations reserves the right to report violations to the proper government authorities, as well as Internet service providers, and Internet control organizations, or any other enforcement authority, with or without notice to you.

10. LEGAL NOTICES

You agree to send or cause to have sent any and all legal notices and all legal matters to:

Trellistar, LLC.
Attn: Legal Department
959 Johnson St.
Redwood City, CA 94061

You agree that any and all legal notices and legal matters sent to us in any other way (such as, for example, through email, fax, or our website) will have no legal effect and may not be processed.

11. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Virtual Vacations, its affiliates, officers, directors, employees, shareholders, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. This Agreement will inure to the benefit of Virtual Vacations's successors, assigns and licensees.

12. WARRANTIES, EXCLUSIONS, AND LIMITATIONS

THE SERVICE AND THE MATERIALS ARE PROVIDED BY VIRTUAL VACATIONS ON AN "AS IS" BASIS, AND VIRTUAL VACATIONS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE. IN NO EVENT SHALL VIRTUAL VACATIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THIS WEB SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIRTUAL VACATIONS 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.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIRTUAL VACATIONS MAKES NO WARRANTY THAT
(I) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIRTUAL VACATIONS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIRTUAL VACATIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF VIRTUAL VACATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE SERVICE;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. ARBITRATION

You agree that any claim, controversy, or dispute arising out of or pertaining to this Agreement or your use of the Virtual Vacations site shall be resolved by binding arbitration pursuant to California law and not by a lawsuit or resort to court process, except as California law provides for judicial review of arbitration proceedings. Both parties to this contract are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and knowingly accept the use of arbitration. The parties agree that no party shall have the right to sue any other party regarding a dispute except as provided below.

Any dispute shall be submitted to, and conclusively determined by, binding arbitration in accordance with the terms below. The provisions of this Agreement shall not preclude any party from seeking injunctive or other provisional or equitable relief in order to preserve the status quo of the parties pending resolution of the dispute, and the filing of an action seeking injunctive or other provisional relief shall not be construed as a waiver of that party's arbitration rights.

In the case of any dispute between the parties to this Agreement, either party shall have the right to initiate the binding arbitration process by serving upon the other party a demand for arbitration within twelve (12) months from the time the alleged dispute arose.

The arbitrator shall be a neutral arbitrator selected by the parties involved. Within thirty days of service of a demand for arbitration by either party to this agreement, the parties shall endeavor in good faith to select an arbitrator. If they fail to do so within that time period, any party may petition the court for appointment of an arbitrator pursuant to California Code of Civil Procedure section 1281.6.

Any arbitration hearing shall be conducted in San Mateo County, California. The law applicable to the arbitration of any dispute shall be the law of the State of California, excluding its conflicts of law rules. Except as otherwise provided in this Agreement, the arbitration shall be governed by the California Arbitration Act (Code Civ. Proc., 1280 et seq., including Code Civ. Proc., 1283.05). The parties shall be entitled to conduct discovery sufficient to adequately arbitrate their disputes or defenses, including access to essential documents and witnesses, as determined by the arbitrator and subject to limited judicial review. In addition, either party may choose, at that party's discretion, to request that the arbitrator resolve any dispositive motions prior to the taking of evidence on the merits of the dispute. By way of example, such dispositive motions would include, but not be limited to, those which would entitle a party to summary judgment or summary adjudication of issues pursuant to Code of Civil Procedure section 437c or resolution of a special defense as provided for at Code of Civil Procedure section 597. In the event a party to the arbitration requests that the arbitrator resolve a dispositive motion, the arbitrator shall receive and consider any written or oral arguments regarding the dispositive motion, and shall receive and consider any evidence specifically relating thereto, and shall render a decision thereon, before hearing any evidence on the merits of the dispute.

You agree that if the arbitrator finds any dispute to be meritorious, the arbitrator shall have the authority to order all forms of legal and/or equitable relief that would otherwise be available in court and that is appropriate to the dispute, excluding punitive damages. Any decision or award by the arbitrator shall be in writing and shall be specific enough to permit limited judicial review if necessary. The initiating party shall bear all attorneys' fees. However, you agree that the arbitrator, in his or her discretion, may award to the prevailing party the costs and attorneys' fees incurred by that party in participating in the arbitration process as long as they do not exceed those costs or attorney's fees that would be incurred in a court action.

BY YOUR USE OF THIS WEB SITE, YOU AGREE TO HAVE ANY DISPUTE ARISING OUT OF YOUR USE OF THE SITE DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL. IF EITHER PARTY REFUSES TO SUBMIT TO ARBITRATION, THEY MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.