These Terms of Service govern your use of this Internet website and related mobile applications (together, the “Site”) and any products, services, software, and other goods and services offered or available via the Site (collectively, the “Services”) by OmniTourism, LLC, operating as Virtually Yours Travel Show -VYTS, OmniTourism, TravelMole Limited LLC, and its parents, successors, subsidiaries and affiliates (collectively, “OmniTourism,” we, or us). This is a contract in electronic form between you and OmniTourism. Please read this carefully before using the Site.
By using the Services or registering with us, you are agreeing to the Terms of Service. If you do not agree to these Terms of Service, do not access the Site or otherwise use the Services.
OmniTourism may change the Terms of Service from time to time and at any time without notice to you by posting such changes on the Site. Your continued use of the Site or Services after we post any such changes signifies your consent and agreement to be bound by the Terms of Service, as modified or revised. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability.
OmniTourism may make certain services available to individuals who register on the Site (“Registered Users”) and general visitors to the Site who do not register (“Visitors”) (Registered Users and Visitors are collectively referred to as “Users”).
To register a username and create an account, you must be at least 16 years of age unless the Service expressly indicates otherwise. You must give us true and accurate information about yourself and keep that information up to date. You are responsible for maintaining security and control over any e-mail address or online identifier provided to us as a username. If you fail to maintain security or control over such an e-mail address or other online identifier, you are responsible for any consequences and may lose access to your personal information and any data stored on our Services. Also, we are not responsible for the release or loss of any information that is identified with that address or identifier.
OmniTourism reserves the right to deactivate a registered account for nonuse. After your account is terminated or deactivated, we have no obligation to retain, store, or provide you with any data, information, e-mail, or other content that you uploaded, stored, transferred, sent, mailed, received, forwarded, posted or otherwise provide to us (collectively “posted” or “post”) in connection with the Services and may allow another user to register and use the username. We also have no obligation to remove any public data, content, or other information that you posted on a Service or reactivate your account.
OmniTourism may make certain forums available on the Site that allow Registered Users the opportunity to participate in moderated discussions and to post information on bulletin boards or make suggested edits to a OmniTourism wiki or other online publication (collectively, “Forums”). Registered Users who participate in these Forums are solely responsible for the information and other content they post on and through these Forums and should be aware that when they voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through these Forums, that such information is generally accessible to and may be collected and used by other Registered Users, as well as Visitors, and may result in unsolicited online and offline messages from such viewers. Registered Users are encouraged to exercise discretion when providing personal information about themselves in and through Forums.
You acknowledge and agree that in connection with your use of the Services you must: (a) provide for your own access to the Internet and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the Internet. OmniTourism shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of or download of documents, software or related information or data from the Site.
As between you and OmniTourism, OmniTourism is the owner and/or authorized user or licensor of all content, including any trademarks and/or service marks. appearing on the Site, unless otherwise indicated. Except as expressly stated, OmniTourism does not grant any license or other authorization with respect to the trademarks, service marks, other copyrightable material or any other intellectual property on the Site.
As a condition of use of the Site and the Services, you agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site may be used by OmniTourism in any manner.
The Site is available to Users for personal, non-commercial use only. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by OmniTourism. You may make a single printed copy of any item of content on the Site provided that you do not remove or cause to be removed any copyright, trademark, watermark or other proprietary notices or visual marks or logos from the content. You may not electronically archive or retain any content without the express prior written consent of OmniTourism. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Where access to the Site or portions thereof is on a subscription or fee basis, you may not access the Site or portions thereof without registering a discrete username and password. You may not share your username and password with other users or otherwise offer or make available your account to others for shared use.
You are prohibited from copying, modifying, or displaying OmniTourisms name, logo, trademarks or service marks, text, or graphic images in any way, or including OmniTourisms names or trademarks or service marks, or any variation of any of the foregoing, as a meta-tag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, or endorsement.
You may not (i) deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor this Site and/or retrieve or copy content or related information; (ii) violate the mechanical restrictions of this Site, or bypass other measures employed to prevent or limit access to this Site or the Services by hacking or other means; (iii) copy, redirect, or exploit this Site; (iv) probe, scan, or test the vulnerability of this Site or of the network supporting this Site, or seek information on Users of this Site or personal information of OmniTourisms customers; (v) use or upload to this Site any device, software or routine that would interfere with the proper functioning of this Site, or any transaction conducted via this Site; (vi) use devices (including software) that are designed to provide repeated automated access to this Site, without proper authorization from OmniTourism; or (vii) frame this Site using “framing” or any other similar technology.
Certain content on the Site contain information or materials from third parties, including User Submitted Material (defined below) and links to other websites. We may also provide links, advertisements, solicitations, data, or other information related to third parties and their products or services. We have no control over such third parties and their materials, and you acknowledge and agree that we do not endorse and are not responsible or liable for the content of any advertising or other content provided by third parties on the Site. You further acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site (“Linked Sites”). Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with OmniTourism of such sites or the content, products, advertising or other materials presented on such websites. You acknowledge and agree that OmniTourism is not 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 such content, goods or services available on such Linked Sites.
Any information or material that you submit or send to OmniTourism or otherwise make available on or through the Site or the Service, including without limitation posts or comments made in Forums, shall be known as “User Submitted Material.” By submitting or otherwise making User Submitted Material available on the Site or through the Services, you:
(i) Agree and acknowledge that User Submitted Material will not be treated as confidential or proprietary.
(ii) Represent and warrant that User Submitted Material:
(a) Is original to you and that no other party has any rights to the material or that you have secured any necessary permissions to submit the material and to grant OmniTourism the rights and licenses set forth in these Terms of Service;
(b) Is accurate, does not violate these Terms of Service, and will not cause injury to any person or entity;
(c) Does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, false or deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful;
(d) Does not contain a virus or other harmful component; and
(e) Does not contain, unless the specific Service allows, any advertising of any kind, or false or misleading indications of origin or statements of fact.
As a condition of you access to the Site and use of the Services, you grant OmniTourism the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display User Submitted Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in User Submitted Material have been waived. In addition, other users of the Site or permitted to access, display, view, store, distribute, perform, reproduce and prepare derivative works of your User Submitted Material. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your User Submitted Material.
OmniTourism is under no obligation to post or use any User Submitted Material that you may provide, and OmniTourism may remove your User Submitted Material at any time in its sole discretion.
OmniTourism reserves the right to terminate a user’s access to the Site if we determine, in our sole discretion, that the user is a repeat infringer of copyrighted material for purposes of the Digital Millenium Copyright Act (DMCA). Without limiting the foregoing, for purposes of the DMCA, a repeat infringer is a user who has been notified of infringing activity and has had User Submitted Material removed from the Site more than once.
OmniTourism does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the Site, nor does OmniTourism endorse any opinions expressed by Users or other third parties on the Site. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement, and do not represent the views of OmniTourism.
Unless specifically requested, OmniTourism does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its Services, by e-mail, or in any other way.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. Â§ 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
(i) Your physical or electronic signature.
(ii) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
(iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
(iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
(v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the written notice is accurate.
(vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
OmniTourism, 2885 Sanford Ave SW, Ste. # 16955, Grandville, MI 49418
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
(i) Your physical or electronic signature.
(ii) An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
(iii) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
(iv) A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
(iv) A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent to:
OmniTourism, 2885 Sanford Ave SW, Ste. # 16955, Grandville, MI 49418
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney fees) under Section 512(f) of the DMCA.
You warrant and agree that, while using the Site, you shall not:
(i) Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms of Service;
(ii) Restrict or inhibit any other User from using and enjoying the Site;
(iii) Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability or otherwise engage in any unlawful or illegal activities in connection with the use of this Site;
(iv) Impersonate or misrepresent your affiliation with any other person or entity;
(v) Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by OmniTourism);
(vi) Engage in spamming or flooding; or
(vii) Attempt to gain unauthorized access to other computer systems through the Site.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto.
OmniTourism may disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself and its Users. OmniTourism will not intentionally monitor or disclose any private electronic mail message unless required by law.
OmniTourism has no obligation to monitor any content on or through the Site, including any User Submitted Material, and we assume no such obligation. Notwithstanding the foregoing, OmniTourism reserves the right to refuse to post or to remove any information or materials, in whole or in part, for any reason and at any time in our sole discretion. OmniTourism may also suspend or terminate any User’s use of the Site at any time in our sole discretion.
You acknowledge and agree that the content submitted by you is User Submitted Material under these Terms of Service and is an advertisement or promotional content outside of the control of OmniTourism.
You are fully and solely responsible for all content submitted to us in connection with your advertisement, including liability for harm caused by such statements or materials. By submitting the material, you represent to OmniTourism that the content complies with the content guidelines for User Submitted Material provided in these Terms of Service and that the content (a) does not include any unfair or deceptive advertising or marketing practices in violation of federal or state consumer protection laws, (b) is not posted with any discriminatory purpose, and (c) does not otherwise violate any applicable local, state, national, or international law. You agree to notify us in writing as soon as practicable if you discover any violation of this provision.
You have the responsibility to obtain any required copyright or trademark clearances, consents, or authorizations for all content contained in the advertising content that you submit.
OmniTourism has the right (but not the obligation) in its sole discretion to reject, delete, edit, or otherwise remove any advertisement or any portion of the content thereof for any reason, including but not limited to (a) if OmniTourism reasonably believes that the content of the advertisement violates any term of the Terms of Service or these guidelines or (b) if OmniTourism receives notice from a third party that such content violates the rights of such third party, including but not limited to any notice submitted pursuant to the Digital Millennium Copyright Act. OmniTourism is not undertaking any duty or obligation whatsoever to remove such content but reserves the right to do so in its sole discretion.
You further acknowledge and agree that OmniTourism has the right to terminate access to any advertising product or any other portion of the Site in whole or in part and prohibit an advertiser from posting any content on the Site if the advertiser is a repeat infringer of third party copyrighted material as provided in the Terms of Service.
Without limiting any other provision of these Terms of Service, if you have a dispute with any users of the Site (whether related to an advertisement or any other content linked to, posted, or otherwise made available through the Site), you agree to release OmniTourism and its directors, officers, employees, and agents from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to defend, indemnify and hold OmniTourism, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of User Submitted Material on or through the Site by you.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NORTHSTAR DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NORTHSTAR MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NORTHSTAR OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT SHALL NORTHSTAR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF NORTHSTAR OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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 CERTAIN USERS. IN NO EVENT SHALL NORTHSTAR BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF NORTHSTAR TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO NORTHSTAR FOR YOUR ACCESS TO OR USE OF THE SITE.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NORTHSTAR UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Violating the security of our Site is prohibited and may result in criminal and civil liability. OmniTourism may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
You agree that OmniTourism may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Site or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if OmniTourism elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Site, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Site. You agree that all terminations and suspensions for cause shall be made in OmniTourisms sole discretion and that OmniTourism shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Site. Further, OmniTourism reserves the right, to immediately terminate or suspend your account, block any associated email address, and restrict or prohibit access to the Site at any time for any reason and without notice to you in its sole discretion.
The Terms of Service and the relationship between you and OmniTourism shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and OmniTourism agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of California, Orange County. You and OmniTourism each agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County in the State of California. The failure of OmniTourism to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
HOW TO CONTACT US
This Site, www.virtuallyyourstravel.com is operated by:
2885 Sanford Ave SW, Ste. # 16955
Grandville, MI 49418
UPDATED AND REVISED AS OF APRIL 18, 2021