Terms of Service
Last updated 4/28/2019
Fun, we know. Annnnnnnnd…. here we go:
“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. “We,” “us,” and “our” refer to Host Agency Reviews.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, event check-ins, questions/answers, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “Host Agency Reviews Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Host Agency Reviews or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Host Agency Reviews Content.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Site to promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account in accordance with the Business Terms. (see below)
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Host Agency Reviews’ web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Host Agency Reviews’ web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Host Agency Reviews at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Host Agency Reviews’ web site are provided “as is”. Host Agency Reviews makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Host Agency Reviews does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Host Agency Reviews or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Host Agency Reviews’ Internet site, even if Host Agency Reviews or a Host Agency Reviews authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Host Agency Reviews’ web site could include technical, typographical, or photographic errors. Host Agency Reviews does not warrant that any of the materials on its web site are accurate, complete, or current. Host Agency Reviews may make changes to the materials contained on its web site at any time without notice. Host Agency Reviews does not, however, make any commitment to update the materials.
Host Agency Reviews has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Host Agency Reviews of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Host Agency Reviews’ web site shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions.
9. General website expectations
Host Agency Reviews is designed to help travel agents make an informed decision on their prospective host agencies. The information on this website is provided by outside contributors, many of whom may do so anonymously. They may occasionally post reviews/make statements that are untrue, misleading, or downright wrong. Host Agency Reviews does not endorse and is not responsible for any opinion, advice, information, or statement made or displayed on the website by third parties. You acknowledge that by accessing the website, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Host Agency Reviews shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
10. Unacceptable Content
Users of the Host Agency Reviews must not post content or information that is unlawful, fraudulent (including but not limited to reviews with identical IP addresses and/or email addresses), threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or that contains sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content, which goes beyond profanity into obscenity or abhorrence, or which is otherwise in violation of the law. Users are also prohibited from posting any proprietary information, trade secrets or confidential information. Users may not post any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding.
Although we are not obligated to do so, Host Agency Reviews may monitor reviews posted on our site and reserves the right to delete portions of or entire posts which violate the above rules, messages, topics that are unrelated to the specific page on which they are posted, advertisements, recruiting or other commercial messages, and any other post that Host Agency Reviews deems in its sole discretion is inappropriate. If you believe a message violates our policies, please contact Host Agency Reviews immediately so that we can consider its editing or removal. Host Agency Reviews reserves the right to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate its site properly; to protect itself, its partners and its visitors; and to comply with legal obligations or governmental requests.
If you feel a review has been wrongfully deemed as unacceptable content, please contact Host Agency Reviews immediately to
11. Ownership and Rights to Use Materials
If you post content or submit material, you grant Host Agency Reviews a nonexclusive, worldwide, perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, you grant Host Agency Reviews, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You agree not to impersonate any person or communicate under a false name or a name you are not entitled or authorized to use. You will defend and indemnify Host Agency Reviews and its affiliates from any claims resulting from any content or materials you provide hereunder.
At your discretion, you may provide feedback to Host Agency Reviews concerning the functionality and performance of the website from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby grant Host Agency Reviews a nonexclusive, worldwide, perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that Host Agency Reviews may disclose that Feedback to any third party in any manner and you agree that Host Agency Reviews has the ability to sublicense all Feedback in any form to any third party without restriction.
12.Your Content Responsibilities
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Host Agency Reviews.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
13. Site Content
Information pulled from the public domain (including but not limited to public websites, government documents, print and online publications) or information submitted to Host Agency Reviews may be published at the discretion of Host Agency Reviews. If you feel content is incorrect or has been removed erroneously, please contact us to appeal.
14. User Accounts
You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Host Agency Reviews.
15. User Access
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
17. Copyright And Trademark Disputes
We do not allow copyright and trademark infringement on Host Agency Reviews. If you believe someone has violated your copyright and/or trademark. Please contact us, including the URL of the page(s) where you believe the infringement has occurred.
18. Suggestions and Improvements
We love to hear from our readers! When you send us ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Host Agency Reviews and its users any claims and assertions of any moral rights contained in such Feedback.
19. Saying Goodbye
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 – 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
ADDITIONAL TERMS FOR BUSINESS ACCOUNTS
The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Business Account. “Business Account” refers to an account used to access administrative features of a company profile on Host Agency Reviews’ Site. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased products or services from Host Agency Reviews on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with Host Agency Reviews. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.
In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.
1. You represent and warrant that:
- you have the authority to act on behalf of the business or businesses associated with your Business Account and bind any such business to the Business Terms (such business or businesses, your “Business”);
- your access to or use of a Business Account will only be in your capacity as an authorized representative of your Business.
2. You also represent and warrant that you will not, and will not authorize or induce any other party, to:
- offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews;
- pay or induce any third party to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent our fraud detection systems;
- write reviews for your Business or your Business’s competitors;
- use any automated means or form of scraping or data extraction to access, query or otherwise collect Host Agency Reviews’ data, content and/or reviews from the Site;
- misrepresent your identity or affiliation to anyone in connection with Host Agency Reviews.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like Host Agency Reviews, for their role in publishing third-party Content, including consumer reviews.