By downloading a TravelPod Widget from the TravelPod website ("TravelPod") you agree to be bound by the terms set out below (the "TravelPod Widget Terms"). These TravelPod Widget Terms may be updated by TravelPod at its discretion. Please review these TravelPod Widget Terms each time you download a TravelPod Widget.
Your download and/or use of a TravelPod Widget indicates your agreement to these TravelPod Widget Terms.
1.1 Subject to the TravelPod Widget Terms, TravelPod grants you a non-transferable, non-sublicensable, royalty free, non-exclusive license to display on your website ("Site") the widget and other information or materials that you specifically select to receive from TravelPod through the TravelPod Widget.
1.2 All title, ownership rights and intellectual property rights in and to the TravelPod Widget and TravelPod Content shall remain the property of TravelPod.
1.3 Nothing in these TravelPod Widget Terms grants you any right to use the TravelPod trademark on your Site or elsewhere, other than as set forth in the TravelPod Widget and associated TravelPod Content.
2. Use of TravelPod Widget
2.1 You may not use the TravelPod Widget on any Site that is a web site that is excluded by TravelPod (set forth below the list of excluded websites, which may be amended by TravelPod from time to time).
2.2 YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING TRAVELPOD WIDGETS AND TRAVELPOD CONTENT OR OTHERWISE COMMERCIALIZE SUCH TRAVELPOD WIDGETS AND CONTENT, NOR ATTEMPT TO RE-SELL, REDISTRIBUTE, OR SYNDICATE THE TRAVELPOD WIDGETS AND CONTENT IN ANY WAY.
2.3 You may not directly or indirectly suggest any endorsement or approval by TravelPod of your Site, product or content or any views expressed within your site or service.
2.4 Should you receive any enquiries which relate to TravelPod or the TravelPod Widget or content you should promptly refer such enquiries to http://www.travelpod.com/feedback
3. Warranties & Liability
3.1 You warrant to TravelPod that:
i. you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
ii. the Site shall contain no material which is libelous, defamatory, pornographic, obscene, unsuitable for family viewing, or which tarnishes the image of TravelPod, or which is in breach of any third party intellectual property rights; and
iii. users of the Site shall be required to comply with terms that are equivalent to the TravelPod Widget Terms in relation to their use of the TravelPod Widget or Content.
3.2 The TravelPod Widget and content are made available by TravelPod on an "as is" and "as available" basis and TravelPod gives no warranty of any kind in relation to the TravelPod Widget,, or any content on the TravelPod website. TravelPod disclaims all implied warranties, including but not limited to the implied warranties of quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the TravelPod Widget and the TravelPod website and any content thereon.
3.3 TRAVELPOD EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THE TRAVELPOD WIDGET TERMS, THE TRAVELPOD WIDGET, THE TRAVELPOD WEBSITE, AND ANY AND ALL CONTENT ON, OWNED, LICENSED, OR DISPLAYED BY TRAVELPOD INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE TRAVELPOD WIDGET OR ANY CONTENT ON THE TREAVELPOD WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF TRAVELPOD WIDGET.
4.1 You hereby agree to indemnify, hold harmless and defend TravelPod in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the TravelPod Widget Terms or otherwise in connection with your use of the TravelPod Widget (including the TravelPod Content).
5.1 You may terminate this Agreement and the license granted herein at any time by destroying or removing all copies of the TravelPod Widget (including the TravelPod Content) from your Site, all hard drives, networks and other storage media.
5.2 TravelPod may restrict, suspend or terminate the TravelPod Widget, TravelPod Widget Terms, the license granted herein or your access to the TravelPod Widget and TravelPod Content at any time with or without reason. You agree to destroy all copies of the TravelPod Widget (including the TravelPod Content) upon receiving notice of termination from TravelPod.
5.3 Clauses 3, 4 and 6 shall survive termination of this Agreement.
6.1 You may not assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party.
6.2 This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement.
6.3 Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.
6.4 The TravelPod Widget Terms shall be governed by, construed and take effect in accordance with the laws of the Commonwealth of Massachusetts and You agree that all claims you may have against TravelPod arising from or relating to the TravelPod Widget Terms, TravelPod Content, or TravelPod Widget will be heard and resolved in a court of competent subject matter jurisdiction located in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Boston, Massachusetts, you will be responsible for compliance with all local laws of such other jurisdiction.
The TravelPod Widget and any TravelPod content contained in the TravelPod Widget may only be displayed on websites that do not fall into any one or more of the categories listed below. A site will be deemed to fall within one of the following categories where there is a material and prominent section of the Site that falls within such category.