AjuBaju.com Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE ("Agreement") CAREFULLY BEFORE USING THIS WEBSITE (the "Site" or "ajubaju.com website"). By accessing and using this Site, located at http://www.ajubaju.com, you agree to be legally bound by the terms and conditions of ajubaju.com.

We reserve the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. Please review the terms and conditions of this Agreement to keep yourself apprised of any changes. All references herein to "we" or "us" refer to ajubaju.com. If you do not agree with any part of these terms and conditions you must not use this Site.

1. Membership

Any person or entity (through its agents) accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "Visitor" under this Agreement. All Visitors are bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, then you should not use or access the Site or the Software Products. All Visitors have access to the home page of the Site. A Visitor who becomes a registered User of the Site shall be deemed a "User." You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to ajubaju.com, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to ajubaju.com.

To obtain some specific 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. You represent that you are of sufficient legal age to use the Web-site and to create binding legal obligations for any liability you may incur as a result of the use of the Web-site. You agree to immediately notify ajubaju.com of any unauthorized use of your ID or password or any other breach of security. ajubaju.com cannot and will not be liable for any loss or damage arising from your failure to do so.

2. Privacy

Your privacy is important to us. All information gathered from you in connection with your use of the Web-site will be governed by the provisions of the Site's Privacy Statement. You consent to the use of your personal information in accordance with and for the purposes set forth in such Privacy Statement.

3. Member Conduct

The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If ajubaju.com provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Without limitation, ajubaju.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:

  1. You shall not submit, post, upload or otherwise transmit any Member Content that is unlawful, defamatory, libelous, abusive, tortuous, harassing, threatening, vulgar, obscene, pornographic, or otherwise indecent or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.
  2. You shall not attempt to interfere with any other person's use of the Services.
  3. You shall not misrepresent your identity or impersonate any person.
  4. You shall not hold yourself out as sponsored by, endorsed by, or affiliated with the ajubaju.com site.
  5. You shall not use any portion of the ajubaju.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.
  6. You shall not use any portion of the ajubaju.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.
  7. You shall not attempt to gain unauthorized access to ajubaju.com's database or other computer systems.
  8. You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by ajubaju.com in connection with the TravelPost.com website or the Services.
  9. 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 ajubaju.com website.
  10. You shall not use any portion of the ajubaju.com website or the Services for any unlawful purpose.

You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the Web pages, data or content from the Web-site.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of ajubaju.com. ajubaju.com takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is ajubaju.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, we are not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect ajubaju.com's systems and customers, or to ensure the integrity and operation of ajubaju.com's business and systems, ajubaju.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. ajubaju.com's right to disclose any such information shall govern over any terms of ajubaju.com's Privacy Policy.

4. Content

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 ajubaju.com Hotel Reviews and Photos, ("Review(s)"), please be advised that such Reviews do not necessarily reflect the views of ajubaju.com. In no event shall ajubaju.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.

By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant ajubaju.com and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant ajubaju.com and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant ajubaju.com the right to pursue at law any person or entity that violates your or ajubaju.com 's rights in the Content by a breach of these Site Terms.

Content submitted by users will be considered non-confidential and ajubaju.com is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, ajubaju.com reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. ajubaju.com is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once the it has been submitted to ajubaju.com . ajubaju.com shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by ajubaju.com or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release ajubaju.com , and its licensees, successors and assigns, from any claims that you could otherwise assert against ajubaju.com by virtue of any such moral rights.

5. Propreitary Rights

ajubaju.com and its licensors have expended substantial time, effort, and funds to create ajubaju.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 ajubaju.com and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to international copyright and trademark laws.

Copyrights. All Content of this Site are either Copyright © 2007 ajubaju.com, or are the proprietary property of ajubaju.com'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 ajubaju.com. Use of ajubaju.com and/or its licensors' Content is only permitted with their express written permission. All rights reserved.

6. Trademarks and Service Marks

ajubaju.com, the ajubaju.com logo, and all other product or service names or slogans displayed on the Site are without limitation, either trademarks, service marks or registered trademarks of ajubaju.com, and the products and services described or offered in this Site, are either the trademarks, service marks or registered trademarks of TravelPost, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without TravelPost'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. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ajubaju.com and may not be copied, imitated or used, in whole or in part, without the prior written permission of ajubaju.com. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ajubaju.com.

7. Disclaimers

THE WEB-SITE CONTAINS OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY THIRD PARTIES. AJUBAJU.COM DOES NOT REPRESENT, ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF SUCH WEB-SITE CONTENT POSTED BY SUCH THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY SUCH THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEB-SITE AT YOUR OWN DISCRETION AND RISK AND ANY RELIANCE ON WEB-SITE CONTENT POSTED BY THIRD PARTIES WILL BE AT YOUR OWN RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. CHANGES ARE PERIODICALLY MADE TO THE WEB-SITE AND MAY BE MADE AT ANY TIME.

THE WEB-SITE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AJUBAJU.COM AND THE SUPPLIERS PROVIDING SOFTWARE OR SERVICES SUPPORT DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEB-SITE AND ITS WEB-SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTCULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE WEB-SITE CONTENT, PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THE WEB-SITE, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY OF THE WEB-SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE WEB-SITE. ALTHOUGH THE WEB-SITE CONTENT MAY BE UPDATED FROM TIME TO TIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY. THEREFORE, SOME OF THE INFORMATION ON THE WEB-SITE MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. AJUBAJU.COM DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, ACCURACY OR RELIABILITY OF WEB-SITE CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE.

ALTHOUGH AJUBAJU.COM INTENDS TO TAKE REASONABLE MEASURES TO PREVENT THE INTRODUCTION OF DESTRUCTIVE MATERIALS TO THE WEB-SITE, AJUBAJU.COM DOES NOT WARRANT THAT THE WEB-SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR OR DESTRUCTIVE MATERIALS. AJUBAJU.COM WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS SUFFERED OR ALLEGEDLY SUFFERED IN THE EVENT OF A FAILURE OR INTERRUPTION OF THE WEB-SITE OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE WEB-SITE AVAILABLE TO YOU, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF AJUBAJU.COM OR OF ANY SUPPLIER PROVIDING SOFTWARE OR SERVICES SUPPORT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE AFOREMENTIONED DISCLAIMERS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall ajubaju.com or its affiliates, licensors, content providers or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AJUBAJU.COM, 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 AJUBAJU.COM'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 TRAVELPOST, 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.

9. Termination of Service

ajubaju.com may terminate your access to the Services with or without cause at any time and effective immediately, at TravelPost's sole discretion, including but not limited to your failure to conform with the terms and conditions of the Agreement. ajubaju.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.

10. Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

11. Questions and Comments

If you have any questions regarding these Site Terms or your use of the Site, please send email to us at feedback@ajubaju.com.


 
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