These Terms of Use are effective on 8/25/2016.

                                                                

Welcome to Netaround  The Netaround websites, mobile applications, products, and services are provided by Netaround,Inc., a Delaware corporation, headquartered in New York. (“we”, “us”, “Netaround”). Your use of the Netaround websites, mobile applications, products, and services (hereinafter collectively referred to the “Services”) is subject to these terms of use (these “Terms”).

 

These Terms govern your use of the Services and by using the Services, you agree to be bound by the Terms as well as our Privacy Policy, which is hereby incorporated into these Terms.

 

1. Acceptance

PLEASE READ THESE TERMS CAREFULLY. BY CREATING A NETAROUND ACCOUNT, OR DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE OR ANY PORTION THEREOF, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY.   

 

2. Changes to the Terms of Service

We may modify these Terms from time to time. The most current version of the Terms will be located on www.Netaround.com (the “Site”). You understand and agree that your access to or use of the Services is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Services prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis, as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.

 

3. Our License to You

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services.

 

4. Translation

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Netaround. To the extent any translated version of these Terms conflicts with the English version, the English version controls.

 

5. Use of Services

 

Eligibility

You must be 18 years of age or older to use the Services. By using the Services you represent that you are 18 or older, and that you will not permit a minor under the age of 18 to use the Services, your account, or otherwise interact with the Services. Netaround will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who Netaround knows is under 18 years of age. If Netaround discovers that a user under 18 years of age has created an account, or that a user or visitor under 18 years of age has posted personally identifiable information or other content to the Services, Netaround will terminate the account and remove the information or other content.  If you open an account on behalf of a company, organization, or other entity, you hereby represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the company, organization, or other entity to these Terms, and that you agree to these Terms on the company’s, organization’s, or other entity’s behalf. Some of the Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Services, and these Terms will apply to such upgrades.

 

Permission to use Netaround

We grant you permission to use the Services subject to the restrictions in these Terms. You understand and agree that your use of Services is at your own risk.

 

Availability of Services or any Portion of the Services

The Services or any portion of the Services, including any and all mobile apps and applications, may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

 

System Requirements for the iOS App

In order to use any mobile apps or applications that are part of the Services, you are required to have a compatible device, Internet access, and the necessary minimum specifications specified below (“System Requirements”).

• Apple mobile phone 4 or higher running on Apple’s iOS platform

• Apple iOS 8.0 or higher

• Language: English

• Memory Storage: 25 MB

You hereby acknowledge that the System Requirements may change from time to time, without notice, and that Netaround makes no representations as to the accuracy of the System Requirements.

 

You may be required to obtain software and/or hardware updates or upgrades from time to time, as may be necessary for the continued use of the Services. You hereby acknowledge and agree that such System Requirements as specified, remains your responsibility.

 

We will use reasonable efforts to make the mobile apps or applications that are part of the Services available at all times. However, you acknowledge that the mobile apps or applications that are part of the Services are provided over the Internet and mobile networks, and so the quality and availability of the mobile apps or applications that are part of the Services may be affected by factors outside our reasonable control. You further understand that we cannot guarantee that mobile apps or applications are part of the Services.

 

You acknowledge that the Services, with your opt-in consent, may interoperate with several third party sites and services, including but not limited to Twitter, Facebook, LinkedIn,  Wechat, Snapchat and Instagram (the “Supported Platform(s)”), and that some of the Services provided are highly dependent on the availability of such Supported Platforms (including the facilitation of any third party customer rewards programs or offers). If at any time any Supported Platforms cease to make their programs available to Netaround on reasonable terms, Netaround may cease to provide such features to you without entitling you to refund, credit, or other compensation. In order to use the features of the Services related to the Supported Platforms, you may be required to register for or log into such Supported Platforms on their respective websites. By enabling such Supported Platforms within the Service, you are allowing Netaround to pass your log-in information to these Supported Platforms for this purpose.

 

We will use reasonable efforts to make the mobile apps or applications that are part of the Services available at all times. However, you acknowledge that we cannot guarantee that the mobile apps or applications that are part of the Services shall always be available, error-free, or fully functional, and therefore cannot be held liable for any loss of data, content, etc. that results from any such unavailability or non-functionality.

 

Characteristics of the Services and Location Based Features

In using our Services, we may collect and process information about your actual location. You acknowledge and agree that the Services shall automatically and often continuously utilize the location features of your device in order to determine your location and broadcast that location to third parties.   The Services require your location information for the Services to work. If you have enabled GPS, geo-location or other location-based features on your device, you acknowledge that your device location will be tracked and may be shared with others consistent with these Terms and our Privacy Policy. Through the Services, which relies on certain third party map API providers (such as Google or Foursquare), you will be able to: (i) locate and position on a map in real time other users that wish to share their location with you and locate and position yourself on a map, in order to provide and target; (ii) share your location with other users or groups of users, so any such users can locate you in real time; and (iii) In addition, in collecting precise information about your location, it will be used to provide requested location services, such as to allow tagging or to check-in, and to allow other users to monitor your location and whereabouts in real-time (even if and when such users are not in your proximate location).  You hereby acknowledge and agree that each time you access the Services’ “Zone Nearby” and “My Zone” modules, the Services will share your real time location information with those users situated in those Zones the Services determine are optimally located relative to you based on your real time location and, in addition, the Services’ “Zone Nearby” and “My Zone” features will repeatedly ascertain your location in real time, in order to perform the foregoing function.

 

The Services should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage.  

 

6. Payment

While use of most of the Services is free, Netaround may offer in-app purchases or a paid version of the mobile app or application with additional features beyond the free version. You agree that all purchases of Netaround Services are final and that Netaround will not refund any transaction once it has been made. You are responsible for paying all taxes associated with such purchases. If Netaround suspends, disables, or terminates your account in accordance with Section 16 of this Agreement, you will lose access to any Services that you have purchased and Netaround will not compensate you for this loss or make any refund to you. Netaround reserves the right to change its fee policy at any time.  

 

You acknowledge that you are bound by the terms of agreement with your mobile network or Internet provider (collectively, the “Mobile Provider”), which will continue to apply when using the Services. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Services or any such third party charges as may arise. You hereby acknowledge that Netaround is not responsible such charges or services. If you are not the authorized party to make payment for any Mobile Provider charges incurred to access the Services, you hereby warrant and represent that you have all necessary authority from such authorized party to use the Services.

 

7. User Accounts and User information

You must create an account and provide certain information about yourself in order to use the Services. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to terminate or suspend your account at any time for any or no reason.

In creating your account, we ask that you provide complete and accurate information. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, please note that others may still be able to identify you if, for example, you include identifying information in your reviews, ratings, or comments, use the same account information in connection with third party services or applications or permit third party services or applications to share information about you with Netaround.  

 

For accessing some Services, you may be required to provide personal information such as identification or contact details as part of the registration process. You agree that any information you submit to Netaround is accurate and up to date. You agree to use these Services only for purposes as laid out by the (a) Terms and (b) any applicable law. You agree that you are solely responsible for any breach of your obligations under these Terms and the consequences of any breach arising hereunder. You agree to the use of your data in accordance with Netaround Privacy Policy. You shall not engage in activities, which interfere with or disrupt the Services or our servers or in any way in connection to the Services.

 

8. Communication from Netaround

By creating an account, you agree to receive certain communications in connection with the Services. For example, we may periodically send you emails including but not limited to information related to your Netaround account and the Supported Platforms.  
 

9. Advertising

Netaround and its licensees may publicly display advertisements and other information adjacent to or included with User Content (as such term is defined below). Such advertisements may be targeted to the Content or information on the Services, queries made through the Services, or any other information. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.  The Services may contain links to other websites maintained by third parties. These links are provided solely as a convenience and do not imply endorsement of, or association with, the third parties by Netaround. The foregoing ads may also be publicly displayed adjacent to or included with User Content as such User Content appears in the Services’ Zone “Feed” feature.

 

10. Content Submissions

The Services permit you and other users to create, submit, share, post, copy, link, store and otherwise distribute certain information, video, images, photos, links, drawings, icons, text and/or other content (“Content”). You are responsible for the Content that you provide (“User Content”) or otherwise make available to the Service, including without limitation its legality, reliability, and appropriateness.  

 

You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to Netaround as set forth herein, with full knowledge that Netaround may exploit it in any manner whatsoever. You make such warranties without Netaround incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.

 

You grant to Netaround the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same.

 

You further agree that Netaround is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or Netaround, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind.  You further perpetually and irrevocably grant Netaround the unconditional right to use and exploit your name, persona and likeness included in any User Content.

 

You also grant to Netaround the right to sub-license and authorize others to exercise any of the rights granted to Netaround. You authorize Netaround to publish your User Content so that it may be accessed by users of the Supported Platforms and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

 

You may not imply that your User Content is in any way sponsored or endorsed by Netaround. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content as described herein. You cannot resell, reproduce, duplicate, copy or trade the Services for any purpose unless Netaround has given explicit permission for you to do so. You agree not to access these Services by any other means other than the applications, mobile apps, and/or other software provided by Netaround.

 

Following termination or deactivation of your account, or upon removal any User Content from Netaround, we may retain your User Content for backup, archival, or audit purposes. Furthermore, Netaround and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Netaround.

 

We value hearing from our users, and are always interested in learning about ways we can improve the Netaround Services. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Netaround does not waive any rights to use similar or related feedback previously known to Netaround, or developed by its employees, or obtained from sources other than you.

 

We Do Not Review User Content On the Services

The User Content or any other content available through the Services has not been reviewed, verified or authenticated by Netaround, and may include inaccuracies or false information or be offensive, indecent or objectionable. Netaround cannot make any representations, warranties, or guarantees in connection with the Services or any Content on or available through the Services, including relating to the accuracy, quality, usability, suitability or completeness of any User Content. You hereby acknowledge and affirm that it is your sole responsibility for and assume all risk arising from your use or reliance of any User Content. If notified by a user or content owner that User Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.

 

11. Copyright Policy

Netaround does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights.  We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

• A description of the copyrighted work that you claim has been infringed;

• A description of the material that you claim is infringing and where it is located on the Service;

• Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

• Your address, telephone number, and email address;

• 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;

• 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.

 

You can contact our Copyright Agent via email at copyright@netaround.com or by mail at Copyright Agent, c/o Netaround,In., 25 Broadway, 9th floor, New York, NY 10004.

 

Netaround reserves the right to terminate your account or any user account that it determines to be “repeat infringers." A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had Content repeatedly removed from the Service.

 

12. Security

We care about the data security and privacy of our users. While we work to maintain the security of your content and account, Netaround cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

 

13. Third Parties

Third Party Beneficiary

You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

 

Third Party Links, Sites, and Services

The Services may include content, information, and/or data from, or links to, other apps, web apps, websites, or services, including but not limited to the Supported Platforms ("Third Party Content"). We do not control, assume responsibility for or endorse any Third Party Content. You agree that we are not responsible for the availability or contents of such Third Party Content. Your use of Third Party Content is at your own risk and you agree that Netaround will have no liability arising from your use of or access to any Third Party Content. When you access the Third Party Content, you will do so at your own risk. Any use of Third Party Content is governed solely by the terms and conditions of such Third Party Content provider (and you shall comply with all such terms and conditions), and any contract entered into, or any transaction completed via any Third Party Content provider or Supported Platform, is between you and the relevant third party, and not Netaround. Netaround makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third Party Content or any transactions completed and any contract entered into by you with any such third party.

 

Third Party Terms of Use

The Services may, from time to time, access Third Party Content by accessing third party Application Programing Interfaces (“APIs”) within the Services. You understand and agree that the Services are not endorsed, certified or otherwise approved in any way by the third party providing such API and the provider of the API is not responsible for the Services. Notwithstanding any license provided under these Terms (including the end user license granted under these Terms), (i) any such third party API is provided “as-is,” without any warranties and all implied warranties, including the implied warranties of merchantability, fitness for a  particular purpose and non-infringement, are expressly disclaimed; (ii) you may not modify or create derivative works based on any part of any such third party API; (iii) you may not decompile, reverse-engineer, disassemble, and/or otherwise reduce any such third party API to source code or other human-perceivable form, to the full extent allowed by law; (iv) ownership of any such third party API and any services related to any such third party API remain with the owner of the API; and (v) the provider of any third-party API used in connection with the Services disclaims any and all liability on the part of the third-party API provider for any interruption in its services as accessed via the Services.  

14. Proprietary Rights

You acknowledge and agree that Netaround owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that the Services may contain information which may be of confidential nature to Netaround and you have no right to disclose such information.

 

Netaround, the Netaround logo, and other Netaround trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Netaround, Inc. (collectively “Netaround Marks”). Other trademarks, service marks, graphics and logos used in connection with the Services are the trademarks of their respective owners (collectively “Third Party Marks”). The Netaround Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Netaround or the applicable trademark holder. The Services and the Content (including Third Party Content) are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and may have security components that protect digital information only as authorized by Netaround or the owner of the Content.

 

You may not use any of our domain names without prior written consent by Netaround.  You will not use any trademark, service mark, trade name, and logo of any company or organization in a method that is likely to cause or intends to cause confusion about ownership and authority.  

 

15. Restrictions and Guidelines

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by the Terms.

 

You agree not to, and will not assist, encourage, or enable others to use the Services to:

• Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

• Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

• Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not, engage in keyword spamming, or otherwise attempt to manipulate the Services’ search results or any third party web applications or services;

• Solicit personal information from minors, or submit or transmit pornography; or

• Violate any applicable law.

 

You also agree you will not assist, encourage, or enable any users or third parties to:

• Violate these Terms;

• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, mobile app or application, or Content (other than your User Content), except as expressly authorized by Netaround;

• Use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Services;

• Reverse engineer any portion of the Services;

• Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;

• Record, process, or mine information about other users;

• Access, retrieve or index any portion of the Services for purposes of constructing or populating a database;

• Reformat or frame any portion of the Services;

• Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Services' technology infrastructure or otherwise make excessive traffic demands of the Services;

• Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;

• Use the Services to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");

• Use any device, software or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services;

• Use the Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Services or any portion thereof;

• Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Content, or features that enforce limitations on the use of the Services;

• Break or circumvent the Services’ security measures or otherwise test the vulnerability of our systems or networks;

• Use Netaround user information to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered source-identifying information;

• Do anything that violates applicable law or regulations;

• Share your password, let anyone access your account or do anything that might put your account at risk; or

• Sell your username or account or otherwise transfer it for compensation.

 

Your Interactions with Other Users

OTHER USERS MAY BE ABLE TO DETERMINE YOUR EXACT LOCATION THROUGH YOUR USE OF THE SERVICES. NETAROUND DOES NOT SCREEN ITS USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. NETAROUND STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE MEETING OR SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THE SERVICES. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate outside of the Services or meet in person.

 

In no event shall Netaround, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Services.

 

Territorial Restrictions

The information and or features provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Netaround to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of our Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities or features of any content, product, service or other feature that we provide.

 

Services provided by Netaround may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software or applications related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

 

16. Termination

We reserve the right in our sole discretion to terminate, disable, or suspend your account, your access to or use of the Services or any portion thereof, inclusive of any mobile or other apps or applications software or to terminate your account and these Terms at any time, with or without notice.  If you breach any of the provisions of these Terms, your right to use the Services will automatically be terminated. You may terminate the Terms at any time, with or without notice, by deleting your account and discontinuing all access to and use of the Services. In the event that your account is terminated by you or us, you will promptly remove all copies of the Services or any portion thereof, inclusive of any mobile or other apps or applications software from your possession and control. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to the terms contained in the sections labeled “Payment,” “Privacy Policy” (for information provided during the duration of the Terms), the license you grant in “Restrictions and Guidelines,” “Copyright Policy,” “Indemnification,” “Third Parties,” “Proprietary Rights,” “Disclaimer of Warranty and Limitation of Liability,” “General Terms,” and “Dispute Resolution and Arbitration”.

 

17. Indemnification

You agree to indemnify, defend, and hold Netaround, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities, claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Services or any portion thereof, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Services or any portion thereof, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Netaround reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Netaround. Netaround will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

18. Disclaimer of Warranty and Limitation of Liability

Netaround is not responsible for any Third Party Content, or any other Content posted on the Services or a Supported Platform, whether posted or caused by users of the Services, users of a Supported Platform, Netaround, third parties or by any of the equipment or programming associated with or utilized in the Services. Netaround is not responsible for the conduct, whether online or offline, of any user of the Services or a Supported Platform. Netaround assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.

 

You understand that it is your duty to confirm and verify any information provided on or through the Site and Services, and that you bear the sole risk of relying on any such information, including but not limited to Content, Third-Party Content, or links. Netaround is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, Supported Platforms, failure of email or players on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person's computer, and/or mobile device.

 

Neither Netaround nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, any content posted on the Services or transmitted to users, or any interactions between users of the Services or Supported Platforms, whether online or offline.

 

WE TRY TO KEEP SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE CONTENT AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL NETAROUND OR ITS MEMBERS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT OR SERVICES. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

NETAROUND DOES NOT CONTROL THE INFORMATION OR CONTENT PROVIDED BY THIRD PARTIES ON THE SERVICES, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION OR STATEMENTS MADE ON OR THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO THROUGH SUPPORTED PLATFORMS. NETAROUND IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY SERVICES OR SUPPORTED PLATFORMS ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD PARTY SERVICES OR SUPPORTED PLATFORMS.

 

NETAROUND’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE SERVICES WITHIN THE PRIOR THREE (3) MONTHS, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU AGREE THAT DISPUTES BETWEEN YOU AND NETAROUND WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

 

19. Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Netaround must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

 

20. Dispute Resolution and Arbitration

For any dispute you have with Netaround, you agree to first contact us and attempt to resolve the dispute with us informally. You agree that, if Netaround has not been able to resolve the dispute with you informally, to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NETAROUND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

21. Governing Law and Jurisdiction

The laws of the State of New York will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Netaround (a "Claim"), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within New York. The Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

 

22. Severability

These Terms, together with the  Privacy Policy  and any amendments and any additional agreements you may enter into with Netaround in connection with the Services, shall constitute the entire agreement between you and Netaround concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

23. General Terms

a.We reserve the right to modify, update, or discontinue the Services or any portion of the Services at our sole discretion, at any time, for any or no reason, and without notice or liability.

 

b.We may, at our own discretion, provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Services. Netaround reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose.

 

c.Except as otherwise stated in “Third Parties” above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.  

 

d.These Terms contain the entire agreement between you and us regarding the use of the Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

 

e.Any failure on Netaround’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

 

f.If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

 

g.These Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by

you except with Netaround’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

 

h.The section titles in these Terms are for convenience only and have no legal or contractual effect.