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Digital Millennium Copyright Act
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A. If you are a copyright owner or an agent thereof and believe that any User Submission
or other 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):
• A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled
and information reasonably sufficient to permit the service provider to locate the
material;
• Information reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
• • A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
• A statement that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
B. Counter-Notice. If you believe that your User Submission that was removed (or
to which access was disabled) is not infringing, or that you have the authorization
from the copyright owner, the copyright owner's agent, or pursuant to the law, to
post and use the content in your User Submission, you may send a counter-notice
containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been
disabled and the location at which the content appeared before it was removed or
disabled;
A statement that you have a good faith belief that the content was removed or disabled
as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent
to the jurisdiction of the federal court in San Francisco, California, and a statement
that you will accept service of process from the person who provided notification
of the alleged infringement.
If a counter-notice is received by the Copyright Agent, TraveStreamz may send
a copy of the counter-notice to the original complaining party informing that person
that it may replace the removed content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the content
provider, member or user, the removed content may be replaced, or access to it restored,
in 10 to 14 business days or more after receipt of the counter-notice, at TraveStreamz’s
sole discretion.
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Warranty Disclaimer
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YOU AGREE THAT YOUR USE OF THE TraveStreamz WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, TraveStreamz, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND YOUR USE THEREOF. TraveStreamz MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA TraveStreamz WEBSITE. TraveStreamz DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TraveStreamz WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TraveStreamz
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
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Limitation of Liability
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IN NO EVENT SHALL TraveStreamz, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE TraveStreamz WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TraveStreamz SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by TraveStreamz from its facilities in the
United States of America. TraveStreamz makes no representations that the TraveStreamz
Website is appropriate or available for use in other locations. Those who access
or use the TraveStreamz Website from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
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Protection
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TraveStreamz as well its members and employees, protected against all blame and
claims/damages resulting from you use or misuse of our service, your violation of
any Terms of Service, or your violation of any third-party rights. This protection
and indemnification obligation will survive these Terms of Service and your use
of the TraveStreamz Website.
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Acceptance
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As a subscriber/member, you agree that you are either an adult or a minor with the
permission of a parent or guardian to use this service. You further agree that based
on your adulthood or adult permission, you understand and accept all the terms and
conditions on these pages. If you do not understand or do not have parental permission,
please exit and visit a more appropriate site.
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Transference
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The rights and licenses granted by these TOS/Terms of Service and any rights and
licenses granted hereunder, may not be transferred or assigned by you, but may be
assigned by TraveStreamz without restriction.
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Final Overview
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Terms of Service and any other legal notices published by TraveStreamz on the
Website, shall constitute the entire agreement between you and TraveStreamz concerning
the TraveStreamz Website. If any provision of these Terms of Service is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these Terms of Service, which
shall remain in full force and effect. No waiver of any term of this these Terms
of Service shall be deemed a further or continuing waiver of such term or any other
term, and TraveStreamz ‘s failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or provision. TraveStreamz
reserves the right to amend these Terms of Service at any time and without notice,
and it is your responsibility to review these Terms of Service for any changes.
Your use of the TraveStreamz Website following any amendment of these Terms of
Service will signify your assent to and acceptance of its revised terms.
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