GENERAL TERMS & CONDITIONS FOR USE OF FORTNIGHTER ONLINE SERVICES AND MATERIALS
The terms and conditions listed below govern use of the online Services (the “Services”) and Materials available therein (the “Materials”) provided by Fortnighter (the “Company”). The terms “you” and “your” in uppercase or lowercase shall mean the entity (e.g., individual, company, corporation, partnership, sole proprietor, etc.) entering into a License Agreement (the “License”) with Fortnighter. The License shall consist of these General Terms and Conditions, and the standard, transactional rates applicable to you.
When you visit the Company website or send e-mails to us, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company will communicate with you by e-mail or by posting notices on the Company website. You agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHTAll content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company and protected by international copyright laws. The Services and Materials you license from the Company remain the exclusive property of the Company, with copyright authorship for this collection by the Company, and protected by international copyright laws.
The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
LICENSE AGREEMENT AND SITE ACCESS
Company grants you a limited License to access and make personal use of the Services and Materials offered on the Company’s website, and not to download (other than page caching) or modify it, or any portion of it without express written consent of Company. This License does not include any resale or commercial use of this site or its contents: any distribution, in whole or in part, of any Company Services and Materials: any collection any commercial use of any itinerary listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or License granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
EMAILS, AND OTHER CONTENT
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content does 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 a card or other content. If you do submit material, and unless we indicate otherwise, you grant Company and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Company and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit: 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 associates for all claims resulting from content you supply.
EXCLUSIONS AND LIMITATIONS
The information displayed on the Company website and provided in the Company’s Services and Materials is provided on an "as is" basis. To the fullest extent permitted by law, Company:
excludes all representations and warranties relating to the timeliness or expertise of Services and Materials; excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of the Company’s website and the Services and Materials provided by Company. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
All major Credit/Debit Cards are acceptable methods of payment. All Services and Materials remain the property of the Company until paid for in full.
CANCELLATION AND REFUND POLICY
Minimum 12 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. Company reserves the right to levy a $25 charge to cover any subsequent administrative expenses. Company shall offer no refund once you are in possession of written Services or Materials, or where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded.
By visiting the Company’s website, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and the Company or its associates.
Any dispute relating in any way to your visit to the Company website or to Services or Materials you License through the Company’s website shall be governed by the laws of New York. To the extent that you may have violated the Company’s intellectual property rights, including copyrights and trademarks, the Company may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Company reserves the right to make changes to Company website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.