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Welcome to our website located at www.Travel-Blue.com (our "Website").
Our Website is operated by Travel Blue USA, LLC ("Travel Blue"), a company registered in State of Delaware.
By browsing and using this Website, you represent and warrant that you are at least 18 years old or visiting this Website under the supervision of a parent or guardian.
All use of the terms "we", "us" or "our" in this Agreement means Travel Blue.
You are provided with access to our Website in accordance with this Agreement, and any orders for our product(s) placed by you through our Website must be placed in accordance with this Agreement.
|2.||Your use of our Website
When you use our Website, you warrant that:
You agree to use our Website only for lawful purposes. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use this Website by displaying it on your internet browser only for the purpose of shopping for items sold on this Website. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Other than as permitted herein, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or other exploit this Website or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any information on this Website or make use of this Website for the benefit of another business. We reserve the right to refuse service, terminate accounts and/or cancel any orders in our own discretion.
When you use our Website, you warrant that: (1) the information you submit is truthful and accurate; (2) your use of our Website does not breach any applicable law or regulation; (3) you will not upload to, distribute or otherwise publish through this Website any content, information or other material that violates or infringe any intellectual property rights, or is libelous, threatening, defamatory, obscene, indecent, pornographic or in violation of any US or international law, or include any bugs, viruses, worms, Trojan horses or other harmful code or properties; and (4) you will comply with all applicable local laws governing your online conduct.
Any content provided on this Website is for informational purposes only. Any opinions submitted by third party and posted on this Website is that person’s own opinion and may not reflect our opinion.
We may assign you a password and account identification to you. Each time you use a password or account identification, you are deemed to be authorized to access this Website pursuant to this Agreement, however, we have no obligation to verify, investigate or monitor the authorization or source of such access or use. You will be solely responsible for all access to, and use of, this Website by anyone using the password and identification originally assigned to you whether or not such access is authorized by you, including but not limited to any communications and transmissions and any obligations incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall notify us immediately if you learn of any unauthorized use.
You agree that we have the right to send you certain information in connection with the Website to the email address that you provided to us. Any notice provided to you via email will be deemed given and received on the transmission date of the email.
We may terminate your access or suspend your right to access to all or part of the Website, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of this Agreement or is harmful. We reserve the right to refuse an order from any customer in our sole discretion.
Our Website may be accessed from countries other than the United States. Some of our products might not be available outside of the United States. If you access and use this Website outside the United States, you are responsible for complying with your local laws and regulations.
Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between you and us.
We will take all reasonable care to securely retain the details of your orders, payments and any other information you provide to us when accessing or ordering from our Website. However, we are not liable for any loss you may suffer if a third party acquires unauthorized access to any of such information under any circumstances.
The order (the “Order”) placed by you on this Website constitutes an offer by you to purchase from us the products set forth in your order (the “Goods”) at the price set forth on the Website at the time in accordance with this Agreement. You are solely responsible to ensure that all the terms of the Order are complete and accurate. You may cancel your Order only if such Order has not been processed for shipping. Once it is processed, it cannot be cancelled by you. Each Order is subject to acceptance by us, and we will confirm our acceptance by processing the shipping of the Goods set forth in the Order to you. The contract with us will only be formed when we process the shipping of the Goods to you, and the contract will relate only to those Goods included in the shipment. We reserve the right to cancel any Order at any time prior to the shipment of such Goods or to rescind our acceptance and cancel the Order where there has been an obvious error in price or where the Good is no longer in our or our third party fulfillment provider’s inventory.
The length of shipping time and shipping charges for the Goods will vary depending on the type of the Goods ordered, and method of shipment selected, by you. All Goods set forth in the Order will be shipped to the address provided by you in the Order. All Goods purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such Goods pass to you upon tender of the Goods to the carrier. If we do not have enough stock to ship the Goods you have ordered, we will not charge your credit or debit card until the Goods are back in stock and ready to be shipped. Any dates quoted for delivery are approximate only and cannot be guaranteed. You specifically agree that the time of delivery is not of the essence. We shall not be liable for any reason for any delay or failure in delivery of the Goods that is caused by an event beyond our control or if your failure to provide us with adequate delivery instructions or to take delivery of the Goods. If you order more than one item, we may ship the Goods in different shipments, and we will invoice you for the Goods shipped in each shipment separately. Each shipment shall constitute a separate contract.
|5.||Price and Payment
Prices and availability of Goods on the Website are subject to change without notice. Errors will be corrected when discovered. We have no obligation to fulfill any Order for any Good at an incorrect price. If there is any error on our Website for the price of any Good ordered by you, we will contact you to provide you with the correct price and cancel your Order. If your credit card or debit card has been charged for this Order, the charge will be refunded to your card. You may reorder the same Goods at the correct price as a new Order.
You warrant that the credit or debit card used by you to purchase the Goods is your own, and that there are sufficient funds in your account to cover payment of the Goods ordered. We do not store your card or bank details, and we work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input into our Website.
|6.||Tax Related Issues
In some states, we are required to collect and remit sales tax, and you will see the tax calculated on the checkout page before you are asked to confirm your Order where such sales tax is applicable. We use reasonable commercial efforts to calculate and remit the correct amount of such sales tax, however, we do not guarantee the accuracy of such calculation, and minor errors might occur. In consideration of our allowing you to access and use the Website and collecting and remitting taxes required on your Order, you hereby waive any right to claim the tax collected on any Order is incorrect in any respect and agree to hold harmless of Travel Blue, its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your Order. In countries or states, where we are not required to collect and remit sales tax, please consult tax laws in your country, state, county or city to determine compliance with tax laws and regulations in your area.
|7.||Quality of Goods
Any photographs, samples, drawings, descriptions, illustrations or advertising showed on our Website, catalogues or brochures are produced for the sole purpose of providing an approximate idea and image of the Goods and shall not be deemed as the exact depiction of the Goods and shall not be treated as part of this Agreement. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on our Website, catalogues or brochures are correct, however, we are not liable for any incorrect information contained in such materials. Also, please note that the packaging and/or color of the Goods may vary from what is shown on the Website, catalogues or brochures.
We represent that at the time of shipment, the Goods are new and free from material defects. If you discover any Good purchased by you to be defective, within 24 months from the date that you place the Order for such Good, you may provide us with a written notice setting forth the specific defects of the Good, together with the defective Good and a proof of purchase of the Good. After we have an opportunity to examine the defective Good, we shall, at our own choice, repair or replace the defective Good or refund the purchase price of the defective Good.
We shall not be liable for any of the following: (1) if you suffer any damages because of your use of any Good not in compliance with the merchantability of such Good; (2) if you suffer any damages because you alter the Good without our written consent; (3) if you made any further use of such Good after giving us the written notice of defect; or (4) any wear and tear, willful or negligent damage, abnormal storage or working conditions related to such Good.
Except as specifically set forth in this Section, we also disclaim any and all liabilities and/or warranties as fully set forth in Section 16 entitled “Disclaimers and Limitation of Liability.”
|9.||Intellectual Property Rights
All of the content on our Website, including but not limited to any text, graphics, button icons, images, audio clips and software, (collectively "Materials"), and the trademarks, service marks and logos contained on our Website ("Marks"), are exclusively owned by, or licensed to, us. The collection, arrangement and assembly of all Materials (“Compilation”) on our Website belong exclusively to us. All software used on this Website (“Software”) is property of us or the Software suppliers. Materials, Marks, Compilation and Software are subject to intellectual property rights protection under the applicable laws and international conventions. You may not use, modify, remove, delete, augment, add to, publish and/or transmit Materials, Marks, Compilation and/or Software in any matter without our express written consent.
Except as provided in the preceding paragraph or as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law or your legal rights under any other similar copyright law, when applicable, you may not upload, post, reproduce or distribute in any way Materials protected by copyright or other proprietary right, without obtaining written permission of the owner of the copyright or other proprietary right.
We reserve all rights not expressly granted in and to our Website, Materials, Marks, Compilation and Software. Nothing contained on the Website should be construed as granting any license or right to use the Website or any information displayed on the Website through the use of framing, deep linking or otherwise, except specifically permitted in this Agreement.
|10.||Intellectual Property Infringement
If you believe that your copyrighted material has been used on our Website in a way that constitutes copyright infringement, please provide our copyright agent a written notice, including all the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted material; (2) a description of the copyrighted material that you believe has been infringed upon; (3) a description of where the infringing material is located on the Website; (4) your contact information, including your address, telephone number and e-mail address; (5) 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; and, (6) 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. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. Our Copyright Agent for notice of claims of copyright infringement on our Website is the following:
|11.||Contributions, Forums and Other Interactive Features
Our Website may provide features that allow you to share information and materials with other users. You are entirely responsible for the content of, and any harm resulting from, any of your postings or submissions to our Website, including but not limited to any ideas, photographs, videos, graphics, know-how, techniques, questions, reviews, comments, suggestions and other materials, ("Contributions"). All Contributions will be treated as non-confidential and nonproprietary and shall automatically become our sole and exclusive property and shall not be returned to you. We may, but shall not be obligated to, remove or edit any Contribution for any reason. Please note that there are risks associated with dealing with strangers. We shall not be held responsible for any risks associated with viewing Contributions on our Website or with any dealings you have with another user with whom you come into contract through our Website.
When you create or make available a Contribution, you warrant that you: (1) own or otherwise control all of the rights to your Contribution; (2) will give us the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Contribution by any means and in any form, and to translate, modify, reverse-engineer, disassemble or decompile such Contribution; (3) grant us the right to use the name that you submit with any review, comments or other content, if any, in connection with such review, comment or other content; (4) will not post a Contribution that infringes any rights of Travel Blue or any third party; (5) have fully complied with any third party licenses relating to your Contribution and agree to pay all royalties, fees and other monies owed to any third party related to a Contribution that you have posted or submitted on or through our Website; (6) will not post or submit a Contribution that (i) is defamatory, damaging, disruptive, unlawful, illegal, inaccurate, pornographic, vulgar, indecent, threatening or harassing, (ii) will incite, encourage or threaten conducts that constitute a criminal offense, or (iii) contains materials that solicits or attempts to solicit personal information from anyone under 18 or exploits anyone in a sexual or violent manner; (7) will not post a Contribution that contain advertisements or solicit any person to buy or sell products or services (other than our products); (8) will not use our Website for any unauthorized purpose, including but not limited to, collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in framing of, or linking to, our Website without our express written consent; and (9) will not impersonate any other person or entity, sell or let others use your password or registration for our Website, provide false or misleading identification or address information, pretend to be someone other than yourself, otherwise mislead us or third parties as to the original of any Contribution or invade the privacy or breach a personal, confidentiality or proprietary right, of any person or entity.
|12.||Our Management of our Website
We may, but are not obligated to: (1) monitor or review our Website for breaches of this Agreement and for compliance with our policies; (2) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may breach this Agreement, the law or any of our policies or are excessive in size or burdensome; (3) move our Website to another domain or close our Website indefinitely; (4) manage our Website in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of our Website; and/or (5) disclose any Contribution of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to operate the Website or to protect the rights or property of Travel Blue, our users and customers and/or you.
|13.||Term, Termination and Survival
This Agreement shall remain in full force and effect while you use our Website. You may terminate your use or participation at any time, for any reason, by sending an email to: firstname.lastname@example.org. Even after your use and participation of our Website is terminated; this Agreement will remain in effect.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement or any revocation of rights under this Agreement, you shall immediately cease all access to and use of the Website, and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
|14.||Updates to our Website and this Agreement
We reserve the right to make any changes to the Website, any incorporated policies, terms and conditions and this Agreement at any time without prior notice. Your continued use of our Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms of this Agreement have been changed. If you do not agree to any change to the terms of this Agreement then you must immediately stop using our Website.
|15.||Third Party Sites
|16.||Disclaimers and Limitation of Liability
Our Website is provided on an "AS IS", "as available" basis. We do not warrant that use of the Website will be uninterrupted or error-free. We do not warrant the accuracy, integrity or completeness of the Materials provided on the Website, or the products or services offered for sale on the Website. We make no representation that Materials, products or services provided on the Website is applicable or appropriate for use in locations outside of the United States. To the full extent permissible by applicable law, we specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, non-infringement, quiet enjoyment, data accuracy, system integration, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Website is at your sole risk.
To the full extent permitted by law, under no circumstances we shall be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages that result from the use of or inability to use the Website or the use of products or services provided by us, including but not limited to reliance by a user on any information obtained at the Website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of ours has been advised of or should have knowledge of the possibility of such damages. You acknowledge that this Section shall apply to all Materials, products and services available through the Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. To the full extent permitted by applicable law, our total liability to you for any damages, regardless of the foundation for the action, shall not exceed in the aggregate amount of money actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
The products on our Website are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
|17.1||Disputes: Governing Law and Jurisdiction
This site is created and controlled by us in the State of Delaware, USA. As such, the laws of the State of Delaware will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
This Agreement constitutes the entire agreement between you and us and supersedes any prior or contemporaneous understandings and agreements, oral or written, between you and us related to the subject matter hereof.
|17.3||No Third Party Beneficiaries
This Agreement is between you and us. There are no third-party beneficiaries to this Agreement.
The waiver by us of a breach or violation of any provision of the Agreement shall not operate as, or be construed to be, a waiver of any prior, concurrent or subsequent breach hereof. No waiver or purported waiver by us will be valid or enforceable unless it is in writing and signed by us.
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable such provision or other provision hereof in any other jurisdiction.
The prevailing party in any arbitration or litigation brought by either party to this Agreement in connection with this Agreement will be entitled to recover from the other party all reasonable costs, attorney’s fees, and other expenses incurred by the prevailing party in such arbitration or litigation.
This Agreement was last updated on: 21st February 2012
Travel Blue USA
333 S. Beverly Drive, Suite 201
Beverly Hills, CA 90212
Tel: +1 (424) 278-9292