Date of Last Revision: July 23, 2011
Welcome to Voyagin!
Voyagin, Inc. (“Voyagin,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://www.govoyagin.com (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
Access and Use of the Service
Services Description: The Service is designed to provide consumers access to data, information, points of interest, activities, special deals, experiences, and offers (collectively, “Offers”) regarding local destinations and activities and to provide local hosts (which may hereafter be referred to collectively as “Host(s)”) a platform for easily providing consumers such information and offers.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Voyagin of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Voyagin will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Voyagin reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Voyagin shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Voyagin may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Voyagin’s servers on your behalf. You agree that Voyagin has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Voyagin reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Voyagin reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or otherwise transmit or use via the Service, whether as a Host, end user or otherwise. The following are examples of the kind of content and/or use that is illegal or prohibited by Voyagin. Voyagin reserves the right to investigate and take appropriate legal action against anyone who, in Voyagin’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- a) Post or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Voyagin, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Voyagin or its users to any harm or liability of any type;
- b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- c) solicit personal information from anyone under the age of 18;
- d) harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- e) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- g) violate any applicable local, state, national or international law, or any regulations having the force of law;
- h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
User Fee Terms: When you purchase an experience, Voyagin will charge the full amount of such experience to your credit card or other payment method. In the event that the host declines your booking or it otherwise expires, you will be entitled to a refund pursuant to our refund policy. In the event that you encounter a separate issue with your booking and contact Voyagin within 12 hours of the experience start time, Voyagin reserves the right to, in its sole discretion, refund none, part, or all of the amount charged pursuant to our customer service team's communication with both the host and you. In addition to the fees you pay for Offers, you acknowledge that Voyagin reserves the right to charge for any portion of the Service (“Service Fees”) and to change its Service Fees from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Site and these Terms of Service. If you are required to provide Voyagin information regarding your credit card or other payment instrument, you represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges you must let Voyagin know within sixty (60) days after the date that we charge you. If Voyagin terminates your account and use of the Service because you have breached these Terms of Service, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Cancellation and Refunds: If you wish to cancel or obtain a refund for an Offer, please see Voyagin’s Cancellation Policy located at https://www.govoyagin.com/cancellation_policies/prior_2_days
Special Notice for International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Voyagin, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service is the property of Voyagin, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Voyagin.
The Voyagin name and logo are trademarks and service marks of Voyagin (collectively the “Voyagin Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Voyagin. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Voyagin Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Voyagin Trademarks will inure to our exclusive benefit.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Voyagin has no control over such sites and resources and Voyagin is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Voyagin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Offers, content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (including Hosts) found while using the Service are between you and the third party, and you agree that Voyagin is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold Voyagin and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Voyagin expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of hostability, fitness for a particular purpose, title and non-infringement.
Voyagin makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
You agree that Voyagin, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Voyagin believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Voyagin may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Voyagin may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Voyagin shall not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user or Host in connection with the Service and Voyagin will have no liability or responsibility with respect thereto. Voyagin reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.