Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE ("Agreement") CAREFULLY BEFORE USING THIS WEBSITE (the "Site" or "journyl.com website").
This Site at Journyl.com is fully controlled and operated by ARAKEA bvba, a travel internet services company based in Belgium.
We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. Such changes and/or modifications shall become effective immediately upon the posting. Please review the terms and conditions of this Agreement to keep yourself updated of any changes. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
By completing the signing up process for this Site you agree with all of the following terms and conditions :
DESCRIPTION OF SERVICE
Journyl.com provides its users with a travel article and travel photo forum. Journyl.com is a travel community service, containing maps and information for places around the world. Using the Journyl.com tools to store travel experiences, users can mark the places they've been on a personalized map, enter travel notes and photos about a visit to a place and share these travel experiences with friends and other internet users. Journyl.com maps are for reference purposes only and should not be used for navigational purposes.
PRIVACY
We have established a Privacy Policy to explain to users how their information is collected and used, which you can read here: Journyl.com Privacy Policy Your use of the Services signifies acknowledgment of and agreement to Journyl's Privacy Policy.
YOUR REGISTRATION OBLIGATIONS
In this Agreement "you" or "user" refers to the person who registers to become a user of Journyl.com. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Journyl.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Journyl.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
To use our Services, you will be required to designate a user ID and password. You are responsible for maintaining the confidentiality of the ID and password, and are fully responsible for all activities that occur under your ID or password. Journyl.com cannot and will not be liable for any loss or damage arising from your failure to do so.
USER CONDUCT
Without limitation, Journyl.com reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines: You shall not use any portion of the Journyl.com website or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are unlawful, infringe on another's intellectual property rights, or are harmful to minors in any way.
You shall not misrepresent your identity or impersonate any person. You shall not use any portion of the Journyl.com website or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation. You shall not use any portion of the Journyl.com website or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable. You shall not attempt to gain unauthorized access to Journyl's database or other computer systems. You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Journyl.com in connection with the Journyl.com website or the Services. You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Journyl.com website. You shall not use any portion of the Journyl.com website or the Services for any unlawful purpose. All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Journyl.com.
TRAVEL JOURNALING SERVICES
To the extent that portions of this Site provide users an opportunity to post travel experiences and thereby post and exchange information, ideas, opinions, messages, text, images, photos, or other materials (the "Postings"), please be advised that such Postings do not necessarily reflect the views of Journyl.com. In no event shall Journyl.com assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. Journyl.com does not claim ownership rights to any of your Postings. For the sole purpose of enabling us to display your Postings through the Journyl.com
Service, you hereby grant to Journyl.com a non-exclusive, royalty-free, fully paid, worldwide license to use, copy, distribute, and display such materials on the Site and on other Arakea bvba travel sites mentionned in this agreement (even after altering). Journyl.com does not allow Postings which contain: private or personal information which might identify a user profanity or obscenities personal attacks on other individuals slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that Journyl.com deems in its sole discretion to be inappropriate for this Site, or which otherwise violate this Agreement. The Journyl.com website may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although Journyl.com periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Journyl.com reserves the right, in our sole discretion, to refuse to post, edit, or delete Postings that violate the above-referenced rules of conduct, or for any other reason. Journyl.com may also revoke the privileges of users who do not comply with such rules. You acknowledge that Journyl.com may establish limits concerning use of the Postings, including the maximum number of days that Postings will be retained by the Site and the maximum number and size of Postings that may be transmitted or stored by the Site. You agree that Journyl.com has no responsibility or liability for the deletion or failure to store any Postings maintained or transmitted by the Site.
PRODUCT AND SERVICES REVIEWS AND SUBMISSIONS
To the extent that portions of this Site provide users or other third parties an opportunity to submit reviews, photos and submissions for display on this Site about various products and services, such as Journyl.com Hotel Reviews and Photos, ("Review(s)"), please be advised that such Reviews do not necessarily reflect the views of Journyl.com. In no event shall Journyl.com assume or have any responsibility or liability for any Review appearing on the Site, including those provided by any user or any other party, or for any claims, damages or losses resulting from its use and/or appearance on this Site.
PROPRIETARY RIGHTS
Journyl.com and its licensors have expended substantial time, effort, and funds to create Journyl.com and its Services. All site software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the "Content") are the property of Journyl.com and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Copyrights. All Content of this Site are either Copyright © 2007 Journyl.com or are the proprietary property of Journyl's suppliers, affiliates or licensors. No copyrighted material or other Content may be reproduced, modified, create derivative works from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) without the express prior written consent of Journyl.com. Use of Journyl.com and/or its licensors' Content is only permitted with their express written permission. All rights reserved.
Notice of Copyright Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Journyl.com's copyright agent the written information specified below. (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon;(3) A description of where the material that you claim is infringing is located on the site; (4) Your address, telephone number, and e-mail address; (5) 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; (6) 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 authorized to act on the copyright owner's behalf. Journyl's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent Cederstraat 21, 2800 Mechelen, Belgium contact
Trademarks and Service Marks. Journyl.com, the Journyl.com logo, are including without limitation, either trademarks, service marks or registered trademarks of ARAKEA bvba, and the products and services described or offered in this Site, are either the trademarks, service marks or registered trademarks of Arakea bvba, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without Journyl's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. Submissions. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to journyl.com, or Postings on this Site are non-confidential (subject to our Privacy Policy). You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content on the Site. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.
ERRORS OR DELAYS IN TRANSMISSION, AND LIMITATIONS ON SERVICE JOURNYL.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE
Journyl.com is not responsible for typographical errors or omissions relating to pricing, text, or other materials, including the accuracy of maps that are displayed on the Site. Furthermore, while Journyl.com attempts to ensure your access and use of the site is safe, Journyl.com cannot and does not represent or warrant that this site or its server(s) are free of viruses or other harmful components.
TERMINATION OF SERVICE
Journyl.com may terminate your access to the Services with or without cause at any time and effective immediately, at its sole discretion, including but not limited to your failure to conform with the terms and conditions of the Agreement. Journyl.com shall not be liable to you or any third party for termination of use of the Services. Upon termination, your right to use the Services shall cease immediately.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOURNYL, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF JOURNYL'S SERVICES OR THE WEB SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOURNYL ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THIRD PARTY LINKS
The appearance of external hyperlinks and/or ads generated by third parties does not constitute endorsement by Journyl, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Journyl.com does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Journyl.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Journyl.com nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Journyl.com will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
GOVERNING LAW
This Agreement shall be governed by the laws of Belgium without regard to its conflict of law provisions. If any provision of the 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 the 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 Journyl, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
AGREEMENT
This Agreement constitutes the entire agreement between you and Journyl.com and governs your use of our Site, superseding any prior agreements between you and Journyl.com with respect to the use of our Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Journyl.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
If you do not agree with these terms, you are urged to immediately: (1) discontinue use of the Site; (2) terminate your registration; and (3) notify Journyl.com of termination.