MYTravelGuide Terms and Conditions

Copyright Notice

You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of priceline.com and/or various third party providers (“Providers”). Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

Trademark Notice

“MYTravelGuide”, “PRICELINE.COM” and “PRICELINE” are service marks and/or trademarks of priceline.com Incorporated. Other product and company names identified on this Site may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party. The use on this Site of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party, and the availability of specific goods or services from such third party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third party, or the participation by such third party in the offering of goods, services or information through this Site.

Acceptable Use

This Site is intended for personal, noncommercial use. The content and information on this Site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to Priceline.com or its suppliers and providers. Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by these Terms & Conditions. While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. In addition, you agree not to:

i.   access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of priceline.com;

ii.   violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;

iii.   take any action that imposes, or may impose, in the discretion of priceline.com, an unreasonable or disproportionately large load on the priceline.com infrastructure; or

iv.   deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of priceline.com

Privacy Policy

You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by priceline.com and/or its third-party providers in accordance with the terms of and for the purposes set forth in the Privacy Policy. Priceline.com makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Priceline.com will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

No Warranties

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an “as is”, “as available” basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, (ii) that use of this Site and all software, products or services associated with this Site will be error free, (iii) regarding the results that may be obtained from the use of this Site, (iv) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site, or (v) regarding the performance or non-performance of this Site. You expressly agree that the use of this Site is at your sole risk.

General Limitation of Liability

IN NO EVENT SHALL PRICELINE.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR PROVIDERS (COLLECTIVELY, THE “COVERED PARTIES”), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond the Covered Parties’ control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider’s breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider’s failure to comply with these Terms and Conditions nor for any Provider’s failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty, and return of perishables.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the fee or charge to the User assessed by priceline.com in connection with the use of this Site. Some states, to the extent their law might be deemed to apply notwithstanding the selection of Delaware law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall be and remain the exclusive property of priceline.com and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Use of Interactive Areas (Posting Reviews, Uploading Photos etc.)

The Site may contain discussion forums, bulletin boards, review services photo submission areas or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If MyTravelGuide provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

i. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

ii. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

iii. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

iv. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

v. Unsolicited promotions, political campaigning, advertising or solicitations;

vi. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

vii. Viruses, corrupted data or other harmful, disruptive or destructive files;

viii. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

ix. Content that, in the sole judgment of MyTravelGuide, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose MyTravelGuide or its affiliates or its users to any harm or liability of any type.

MyTravelGuide takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MyTravelGuide liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, MyTravelGuide is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although MyTravelGuide has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, MyTravelGuide reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect MyTravelGuide's systems and customers, or to ensure the integrity and operation of MyTravelGuide's business and systems, MyTravelGuide may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. MyTravelGuide's right to disclose any such information shall govern over any terms of MyTravelGuide's Privacy Policy.

Rights to User Content

By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant MyTravelGuide and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant MyTravelGuide and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant MyTravelGuide the right to pursue at law any person or entity that violates your or MyTravelGuide rights in the Content by a breach of these Site Terms.

Content submitted by users will be considered non-confidential and MyTravelGuide is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, MyTravelGuide reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. MyTravelGuide is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once the it has been submitted to MyTravelGuide. MyTravelGuide shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by MyTravelGuide or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release MyTravelGuide, and its licensees, successors and assigns, from any claims that you could otherwise assert against MyTravelGuide by virtue of any such moral rights.

Links to other Websites and Services

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.

Certain Services

In order to provide you with certain services, MyTravelGuide may share your Personal Data with our third party partners, or require that you transact directly with a third party partner. Third party partners consist of companies with which MyTravelGuide has contracted in order to provide you with services or products featured on our Site. Below is a list of some of such services:

Hotel Planner FindGroupDeals. The Hotel Planner FindGroupDeals functionality and service is offered through Lexyl Travel Technologies, Inc. ("Lexyl"). When you provide Personal Data in connection with Hotel Planner FindGroupDeals, you are providing such Personal Data directly to Lexyl, which holds such Personal Data in accordance with its own privacy policy on Lexyl’s website.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Miscellaneous

The captions in these Terms and Conditions are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.

These Terms and Conditions, and the related Parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements or representations. The internal laws of the State of Delaware shall govern the performance of these Terms and Conditions.