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| | | | eTourismInsight's Terms of Use | | | | Terms and Conditions for use of the website
Please read this user agreement and these terms and conditions carefully before using this site. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions.
| 1. GENERAL |  |
TERM This User Agreement ("Agreement") is made between THE TOURISM AUTHORITY OF THAILAND which owns and operates the internet site with the URL: http://www.eTourismInsight.com ("eTourismInsight.com / the Site") and you who access and/or visit or cause to access and/or visit the Web Site ("you/your").
Your usage, access, or visits is on express condition that you accept without variation the terms and conditions set out herein. The information contained in these webpage may be amended by us from time to time without notice to you. You need to review these webpage each time you use this Site. Your usage, access, or visits, at this site constitutes your agreement to all the terms and conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use this Site. | | | | 2. USE OF SITE | | |
This site and the content provided in this site, including the text, graphics, button icons, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of eTourismInsight.com, and/or its third party providers and distributors, except that you may download, email and print the materials presented on this site for your personal, non-commercial use only.
You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of eTourismInsight.com. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that eTradeInsight.com deems in its sole discretion to be unreasonable or disproportionate to the benefits eTourismInsight.com obtains from your use of the site.
Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
You shall retain ownership of all copyright in data you submit to the website. You grant us a world-wide exclusive, royalty-free, non-terminable license to use, copy, distribute, publish and transmit such data in any manner | | | | 3. YOUR REGISTRATION OBLIGATIONS | | |
Once a user has registered with eTourismInsight.com, every user will be able to choose his/her own unique Username and Password to access information available on eTourismInsight.com. eTradeInsight.com 's servers have been specially designed to intelligently identify each user during the entire process of data communication. However, to ensure that a user's information will not be accessible by any other user from another computer, you agree to: | | | | 1. | Keep your Username and Password secured and protected from unauthorized access or use. | | 2. | Immediately notify eTradeInsight.com if you become aware of, or suspect, any unauthorized access to your Username and Password, or any other breach of security. eTradeInsight.com will not be liable for any loss that you may incur as a result of any unauthorized usage of your Username or Password or account, either with or without your knowledge. | | 3. | Maintain and promptly update your Account to keep it true, accurate, current and complete. | | 4. | Use the information available on or from these Sites for non-commercial use and information purposes only. Any unauthorized commercial use of the information or services provided through this Site is expressly prohibited. | | 5. | Not to use this Site in a way which interferes with its availability for other users. | | 6. | Not to use the account of any other eTourismInsight.com 's member, without the express permission of the account holder. | | 7. | Take standard precautions as follows to further protect your information:
| (a) | Memorizing your Username and Password Changing your Password on a regular basis. | | (b) | Not giving your Password to others | | | | | | 4. POLICY | | |
You have read the eTradeInsight.com Privacy Policy, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by eTourismInsight.com and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the eTourismInsight.com Privacy Policy. | | | | 5. DATA SUBMITTED BY USERS | | |
| 5.1 | We accept no liability for data supplied by any user for display on the Website and the limitations in condition 7 below apply. | | 5.2 | If you submit data for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary. | | 5.3 | If you submit data for display on the Website you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties. | | 5.4 | You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology. | | 5.5 | We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website. | | 5.6 | You will indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition | | | | | 6. AGE AND RESPONSIBILITY | | |
(Representative Warranties)If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information. All information supplied by you in using these Sites is complete, true and accurate. You shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. | | | | 7. AGE AND RESPONSIBILITY | | |
eTradeInsight.com and any third party providers and distributors make no warranty of any kind regarding this site and/or any materials provided on this site, all of which are provided on an "as is" basis. eTourismInsight.com and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither eTourismInsight.com nor any third party providers or distributors warrant that this site, its servers or any e-mail sent from eTourismInsight.com are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights, which vary from state to state. | | | | 8. LIMITATION OF LIABILITY | | |
eTourismInsight.com assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect you computer equipment or other property on account of you access to, use of , or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. In no eTourismInsight.com nor its suppliers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with: | | | | 1. | Any use of this site or content found herein, | | 2. | Any failure or delay, or | | 3. | The performance or non performance by eTourismInsight.com or any third party providers or distributors, Even if such party has been advised of the possibility of damages to such parties or any other party. Notwithstanding anything contained in this Agreement, the liability of eTourismInsight.com and/or its Suppliers and their officers, directors, employees and agents shall in no event exceed, in the aggregate, US $100 | | | | | 9. LINKS TO THIRD PARTIES AND ADVERTISEMENTS | | |
eTourismInsight.com, as well as third party ad servers displayed on eTourismInsight.com, may provide links and advertisements to other Websites which are not under the control of, or which are not maintained by, eTourismInsight.com. The links to any such third party Websites are provided for your convenience and information only. If you access these Websites you do so at your own risk. eTourismInsight.com is not responsible for the content of those Websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content. The fact that a Website is linked to eTourismInsight.com does not imply any endorsement or sponsorship by eTradeInsight.com of that Website or that eTourismInsight.com is affiliated in any way with the third party operating that third party Website.
Products and services offered for sale or advertised, and other information found on eTourismInsight.com, are the products, services and information of third parties where third parties can directly link to this website and update their latest information on products and services (including contents and articles). You're purchasing, booking and making any transaction will link directly to our web partners (Affiliate Partners).
Again, it is clearly acknowledged that third party products and services are not provided by eTourismInsight.com. You will not be doing any payment transaction with eTourismInsight.com but will be at your own risk in making such payment transaction with our web partners. eTourismInsight.com provides an interactive environment in which users who are interested in sourcing products or services may find information about them on eTourismInsight.com If you purchase third party products and services, your legal relationship will be with the third party supplier and not with eTourismInsight.com. You must check with any third party supplier as to the terms of provision of such products and services and the costs and charges involved including security of payment transaction.
In some cases and times, eTourismInsight.com may receive advertising fees from third parties for promoting and advertisement of such products and services. eTourismInsight.com makes no representations about the accuracy or suitability of the information provided on eTourismInsight.com. The information is provided 'as is' without express or implied warranty. You use the information at your own risk and therefore agree to indemnify eTourismInsight.com against any security breaches or any other problems that arise from payments through third party sites. eTourismInsight.com does not control the legality, quality, safety or timeliness of any product or service that is purchased as a result of the use of information contained on eTourismInsight.com. | | | | 10. CHANGES | | |
| 10.1 | eTourismInsight.com reserves the right to change the functionality of this Website. eTourismInsight.com may add, delete or stop offering content, functions and/or any other part of this Website at its own discretion at any time. | | 10.2 | eTourismInsight.com reserves the right to change these Terms and Conditions from time to time. The Terms and Conditions governing your use are based on what is in effect at your time of use. The new Terms and Conditions will be posted on this page. These Terms and Conditions were last modified on April 16, 2007. | | | | | 11. MISCELLANEOUS | | |
| 11.1 | Failure by eTourismInsight.com to enforce any of the Terms of this agreement does not mean those Terms or any of the other Terms in this agreement are waived. | | 11.2 | The relationship between you and eTourismInsight.com is not one of agency or partnership and you will not be deemed to be a partner, employee, agent or representative of eTourismInsight.com by your use of this Website. eTourismInsight.com reserves the right to assign or subcontract any or all of its rights and obligations under this agreement. You may not assign, dispose of or transfer your rights to any third parties without the written consent of eTourismInsight.com. | | 11.3 | The headings in these Terms and Conditions are only for convenience and not for interpretation. | | 11.4 | Users of this Website agree that by posting any information or submitting any data to this Website, they are of an age to understand these Terms and any implications these might hold for them. | | | | | 12. SEVERABILITY | | |
These Terms and Conditions are severable. If ever any of these provisions is deemed to be unenforceable or invalid, such a provision will be enforced to the maximum permitted by applicable law. Such a provision will not affect the validity and enforceability of any other remaining provisions. | | | | 13. FORCE MAJEURE | | |
eTourismInsight.com shall not be liable for damages of any kind arising out of any failure or delay by eTourismInsight.com in performing any or all of our obligations contained herein or in respect of any product, service, information if the failure or delay is due to circumstances or cause beyond our reasonable control. | | | | 14. RESTRICTION/ CANCELLATION OF SERVICE | | |
eTourismInsight.com may, at any time and at its sole discretion and without cause or notice, terminate or restrict your access to any component of this Site or terminate your password, account (or any part thereof) or use of this Site, and remove and discard any Content within this Site, without being required to give any reasons or advance notice to you. | | | | 15. INDEMNITY | | |
You agree to indemnify, defend and hold harmless eTourismInsight.com, its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney's fees) arising from your failure to comply with these Terms, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, Member Content provided by you or from your violation of any applicable law. | | | | 16. ATTORNEY'S FEES | | |
If eTourismInsight.com or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled. | | | | 17. TERMINATION | | |
eTourismInsight.com may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which eTourismInsight.com and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to eTourismInsight.com | | | | 18. GOVERNING LAW | | |
This Agreement and its performance shall be governed by and construed in accordance with the laws of Thailand and you consent and submit to the non-exclusive jurisdiction of the courts of Thailand. | | | | 19. ENTIRE AGREEMENT | | |
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site. | | | | | | | | | | | | |
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