Welcome to VacationPlanning.net! We're glad you're here. We help you plan your vacation by researching destinations across the county. VacationPlanning.net consists of the VacationPlanning.net site, and any other Web site or email correspondence that we identify as a part of the VacationPlanning.net network of sites. We provide the VacationPlanning.net site, and our services and products, to you subject to the provisions of these Terms of Use. By using the VacationPlanning.net site or viewing our content you accept and agree to be bound by these Terms of User and each of its provisions. This is a legally binding agreement between you and us, so please read it carefully.
License for Personal Use
We grant you a limited license and permission to access and make personal use of VacationPlanning.net but not to download or copy any portion of it for any commercial purpose or to modify any portion of it, except with our written or e-mailed consent. This license does not include any resale or commercial use of any VacationPlanning.net site or its content; any collection or use of any vacation information or other product listings, descriptions or prices; any collection or use of the editorial content or the content submitted by either our members or our other visitors; any derivative use of VacationPlanning.net or its contents; or any use of data mining, robots or similar data gathering or extraction tools or processes; and you agree not to do any of the foregoing. Except as explicitly provided in these Terms of Use, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of VacationPlanning.net for any commercial purpose. You may display and occasionally print a single copy of pages of the VacationPlanning.net site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the VacationPlanning.net site (other than your own "User-Provided Content," as described below) without our prior written consent. Requests for permission to reproduce or distribute materials found on the VacationPlanning.net site should be sent to webeditor@vacationplanning.net.
You may not use our name nor any misspelling or typographical variation of VacationPlanning.net, whether alone or in conjunction with any other word or phrase, trademarks or service marks in any manner (including use in any metatags or any other "hidden text") without our prior written or e-mailed consent. Any violation of the foregoing will terminate the permission and license granted by us to access and make use of the VacationPlanning.net site.
User-Provided Content
The VacationPlanning.net site provides a number of means by which you may communicate with other visitors and with us. Many of these are the various communication and personalization tools and services that are part of our user-provided content or "User-Generated Content". The User-Generated Content includes the following features: blog posts, user reviews of or comments about destinations, trips, hotels, attractions, and/or other service providers, user-provided videos, photographs, pictures, podcasts, and information entered into the Itinerary Builder. In order to add content to the VacationPlanning.net site through the User-Generated Content features, you must provide a valid email with your submission and agree to these Terms of Use.
You agree that your User-Generated Content intended for display on the VacationPlanning.net site will not include any content that is illegal, indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), threatening, defamatory, invasive of privacy or otherwise injurious to third parties; and that it will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your User-Provided Content. In additional to the restrictions described above, you may not submit User-Generated Content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity.
You agree that, by submitting any User-Generated Content to VacationPlanning.net, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that User-Generated Content throughout the world for any purpose and in any media (including for advertising or other commercial use). You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your User-Generated Content. If we publish your User-Generated Content or authorize or license others to do so, your User-Generated Content may be edited for length or clarity or for any other reason either before or after it is published. We reserve the right (but not the obligation) to remove any User-Generated Content for any reason from the VacationPlanning.net site.
Liability and Warranty Disclaimers
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE VACATIONPLANNING.NET SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. VACATIONPLANNING.NET AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH VACATIONPLANNING.NET ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE VACATIONPLANNING.NET SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE VACATIONPLANNING.NET SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE VACATIONPLANNING.NET SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE DRIVERSIDE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
All data, prices, incentives and rebate information, and other information displayed on the VacationPlanning.net site are gathered from sources and based on algorithms that are believed by us to be reliable, but no assurance can be given that this information is accurate, complete or current. We do not assume any responsibility for errors or omissions or warrant the accuracy of this information. Before purchasing any vacation or other goods or services you read about on the VacationPlanning.net site, you should confirm with the provider or vendor any information (including the price and available incentives, discounts, or rebates) that is important to your decision.
The VacationPlanning.net site links to many other Web sites not operated by us, including sites where you can obtain travel, hotel, and tourism information. While we encourage you to consult such sites, we are not responsible for the products or services those vendors provide and we do not guarantee or warrant the prices.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE VACATIONPLANNING.NET SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Your VacationPlanning.net Login Information
If you have signed up to enter User-Generated Content or to create an itinerary in the Itinerary Builder on VacationPlanning.net, you are responsible for maintaining the confidentiality of your account credentials and for restricting access to your computer. Moreover, you agree to accept responsibility for all activities that occur related to your login.
Copyright Complaints
If you believe that your work has been copied by us or by any third party on the VacationPlanning.net site in a manner that constitutes copyright infringement, please provide contact us with the details of such use to info@vacationplanning.net or by mail at VacationPlanning.net Copyright, 15 Technology Parkway South, Suite 250, Norcross, GA, 30092.
Damages; Indemnification
You agree that you will be responsible for any damages resulting from any violation of these Terms of Use. You further agree to indemnify and hold VacationPlanning.net and Collinson and Company, Inc., and its affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, or any violation of any law or the rights of any third party that occurs in connection with your use of the VacationPlanning.net site.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, excluding its conflicts of law rules. You agree that, unless expressly waived by us or we bring an action in a different jurisdiction, the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the VacationPlanning.net site shall be in the state or federal courts located in the County of Gwinnett, State of Georgia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You also agree that in the event of any action to enforce or interpret these Terms of Use, the prevailing party shall be entitled to collect its reasonable attorney fees.
Modification and Severability
VacationPlanning.net reserves the right to make changes to these Terms of Use and our other legal notices at any time. By continuing to use this Web site following our posting of such changes, you agree to be bound by these Terms of Use as modified. We may change, restrict access to, suspend or discontinue the VacationPlanning.net site, or any portion of thereof, at any time.
If any of provision of these Terms of Use shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of these Terms of Use.
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