Terms of Service
Welcome to TraveWire Asia, part of Hybrid News Limited. In addition to the Content on the Web site, the Web site may provide you with various publishing and community services such as the ability to post information and reviews or participate in online discussions or blog talkback (“Services”). By using our Web site and the Services, you are accepting the practices described in these Terms of Service. If you do not agree to these Terms of Service, please do not use the Web site and exit immediately. We reserve the right to modify or amend the terms of our Terms of Service from time to time without notice. Your continued use of our Web site and any affiliate Web sites following the posting of changes to these terms will mean you accept those changes.
2. Copyright and Ownership
Unless otherwise noted, you can republish our articles and graphics (but not our photographs) for free. You just have to credit us and link to us, and you can’t edit our material or sell it separately. (We’re licensed under Creative Commons, which provides the legal details.) You are free to share — to copy, distribute and transmit the work under the following conditions:
- Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
- Noncommercial — You may not use this work for commercial purposes.
- No Derivative Works — You may not alter, transform, or build upon this work.
With the understanding that:
- Waiver — Any of the above conditions can be waived if you get permission from the copyright holder.
- Other Rights — In no way are any of the following rights affected by the license:
All of the content featured or displayed on the Web site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Hybrid News Limited, its licensors and/or its Content providers. All elements of the Web site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Web site may only be used for the intended purpose for which such Web site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web site, you are authorized to view, play, print and download documents, audio and video found on our Web site for personal, informational, and noncommerical purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web site. For purposes of these Terms of Service, the use of any such material on any other Web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web site and Services. The Web site, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Web site.
In the event you download software from the Web site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “software”) are licensed to you by Company or its licensors. Company does not transfer title to the software to you. Company (or its licensors) retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
3. Restricted Content & Activities
You agree that your posted comments intended for display on our site (“Reader and Blogger -Submitted Content”) will not include any content that is illegal, indecent, profane, 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 Reader-Submitted Content.
You may not submit Reader and Blogger -Submitted 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 may not submit Reader-Submitted Content that contains personally identifiable information about other people, such as their phone number, street address or e-mail address, or information about other people that could result in an invasion of their privacy or their harassment.
All bloggers using this site and all readers submitting articles agree that you will not use the Web site to post or upload any of the following:
- Offensive language, such as profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; or racial, religious or personal attacks of any kind
- Material which infringes upon the copyright, trademark, patent, trade secret or other proprietary rights or rights of publicity or privacy of third parties
- Promotion of any activity that may be found illegal at the local, state or federal level (including, but not limited to, laws governing export control, consumer protection, unfair competition, antidiscrimination or false advertising), or any Content that is itself illegal in any way, such as fraudulent advertising or advertising involving the sale of counterfeit or stolen items. Furthermore, you may not list any item on the Web site (or consummate any transaction that was initiated using our Services) that, by paying to us a fee could cause us to violate any applicable law, statute, ordinance or regulation.
- Direct links to or descriptions of goods and services that are prohibited under these Terms of Service
- Commercial Content of any kind, including without limitation graphic and text advertisements, chain letters, spam offers, surveys, contests, or any clear promotion of commercial interests beyond appropriate discussion of Web site Content
- Content that is untrue, inaccurate, deliberately misleading, or trade libelous
- Executable programming of any kind, such as viruses, worms, Trojan horses, spyware, time bombs, cancelbots, easter eggs, or any form of malicious or benign computer programming whatsoever
- Encrypted Content or Content that can be demonstrated to contain encoded messages
- Identifiable impersonations of another individual, by false representations in the text, by creating a misleading screen name that misrepresents the poster’s identity in an identifiable fashion, or by using another individual’s account to post, with or without that individual’s knowledge
- Content that creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other partners or suppliers
You further understand and agree that sending unsolicited email advertisements to any user of the Web site is expressly prohibited by these Terms of Service. Any such unauthorized use of our computer systems is a violation of these Terms of Service and applicable “anti-spam” laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
4. Right to Remove Content or Block Access
Company may, at its discretion but without any obligation, remove Content that does not meet the acceptable use guidelines in Section 4 or is otherwise inappropriate, according to its sole interpretation. Company may also remove all other Content by such user, disable a user’s account, and otherwise prevent that user from using our services. Company may also, at its discretion, disable and suppress Content from any account where the chosen screen name is deemed to be offensive or inappropriate, or is a violation of trademark or copyright. We may also block your access to our Web site in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
5. Account Security
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
6. Information Control
User published Content and Blogger published Content does not represent the views of Company or any individual associated with Company, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Company’s endorsement of user published Content. Company does not vouch for the accuracy or credibility of any blogger or user published Content on our Web site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading Blogger user published Content on our Web site. Through your use of the Web site and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web site, you assume all associated risks.
7. Transactional Partners
In some cases we partner with another company to co-promote their services within our Web site. In these cases, you are transacting directly with our partner. On those pages, the transactional partner’s brand is clearly visible, and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by the Company Terms of Service. When there is a conflict between the Company Terms of Service and partner terms of service, Company Terms of Service shall be held as the primary, enforceable terms of service.
8. Links to Third Parties
This Web site contains hyperlinks to other Web sites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Company of, or any affiliation with, or endorsement by, the owner of the linked Web site. Company is not responsible for the contents or use of any linked Web site, or any consequence of making the link.
9. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Web site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web site; or (iii) bypass any measures we may use to prevent or restrict access to the Web site.
10. Your License to Us
User published Content remains the intellectual property of the individual user. By posting Content on our Web site, you grant Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
In the event that you have a dispute with one or more other users of the Web site, you release Company (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.
12. No Warranty
Your use of and browsing of this Web site are at your own risk. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation on Liability
Company assumes no liability in the event that legal action is taken against you by a third party as a result of Content you publish on our Web site, whether for copyright infringement or any other illegal activity related to your Content. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Company or its affiliates for all claims resulting from Content you supply. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, ANY CONTENT THEREON, OUR SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR YOUR USE THEREOF , WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users or your violation of any law or the rights of a third party.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim or matter arising in relation to this agreement or its subject matter. Each party hereby states that it or he will accept services of process by certified mail addressed to that party at its or his place of business or by any manner permitted by the law of England and Wales