Welcome to 45Off.com, your online travel advisor ('45Off').
Description of the Services
45Off offers you information about holiday destinations based on your personal preferences, such as nightlife, dining, nature and outdoors, sports, shopping, languages, climate, time of year, holiday duration, budget, port of departure, etc (the "Services"). We aggregate information on holiday destinations from a variety of resources and rank it using our proprietary algorithm. 45Off strives to compound an up-to-date collection of travel warnings issued by government agencies and other official institutions. However, this information may not be complete. It is therefore recommended to consult the relevant government agency in your country of residence (Foreign Ministry, Embassy, etc.) prior to your departure.
Acceptable use of 45Off
The following Terms define the acceptable use of 45Off. You may use 45Off for private and personal purposes only. You agree not to use 45Off for any other purpose without our prior explicit written consent, and while using 45Off you agree to refrain from willfully, or carelessly -
(1) Interfering with or disrupting the functionality of 45Off;
(2) Disobey or breach these Terms or any other applicable instructions conveyed by the Company and its officers;
(3) Using robots, crawlers and similar applications to collect and compile content from 45Off;
(4) Displaying 45Off or any part thereof in an exposed or concealed frame;
(5) Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
(6) Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
(7) Linking to certain elements on 45Off independently from the web pages on which they originally appear.
45Off serves all Internet users. However, certain Services, such as saving and sharing results with your friends, are available to registered users only. When you register with 45Off We will ask you to provide personal details such as your age, gender and e-mail address. You must submit only true, accurate and complete details. False or incorrect details may prevent your registration and impair our ability to provide you with Services and contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will be unable to register with 45Off. By submitting the registration form, you represent and warrant that the details you provide adhere to these Terms. To login, you must use your personal username and password. We may establish and require from time to time additional or different means of identification for logging in and accessing certain Services. Please maintain your username and password in absolute confidentiality and refrain form disclosing them to others. Make sure you change your password frequently and at least once every six months. You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details during the registration process, and for any use (or misuse) of your account on 45Off as a result of conveying your details to someone else. We may deny, or cancel any individual subscription, for any reason, at any time and in our sole discretion. We may notify you that we canceled your subscription by sending a message to the e-mail address that you provided during the registration process. The cancellation shall come into effect on the date stated in the message. Such notification may come into effect immediately.
Your content on 45Off
We may offer a variety of Services and ways to use your content on 45Off. You may upload, distribute, e-mail transmit or otherwise make your content, as may be available when using 45Off (for convenience purposes we will name all of these actions as "Post' or 'Posting"). We do not warrant or guarantee that any content that you wish to Post on 45Off shall be posted or that we shall Post it indefinitely. By uploading content on 45Off, you accept you are fully accountable for any consequences resulting from Posting the content. You must ensure that such content and its use on 45Off are lawful. Among other things, you must not Post any content on 45Off which may we may reasonably deemed to be -
(1) Infringing or violating intellectual rights of other parties, including copyrights and trademarks;
(2) False and misleading;
(3) Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other malicious false and misleading Applications;
(4) Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offence, under the applicable laws;
(5) Constituting defamation of a person or violating a person's privacy;
(6) Commercial content, including advertisements, sponsorships, endorsements and public relations material, unless you received our prior written consent, and subject to the terms of our consent;
(7) Information the posting of which is prohibited by any applicable law, including court restraining orders;
(8) Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
(9) Passwords, usernames and other details enabling the use of computer software, digital files, Internet sites or Services, requiring registration or charge, without such payment or registration;
We encourage free speech and open discussion on 45Off. However, We may review posted content and delete it in order to prevent misuse of our Services, or when we deem the content to be in breach of these Terms, whether as a result of a person's complaint, or of our own initiative. Under no circumstances shall any of the above be construed as an obligation on the Company's part to review, or monitor users' content on 45Off. We may also delete content after a certain period of time from initial Posting. Consequently, you might not find content that you or any other user previously Posted on 45Off. We encourage you to treat content posted on the Internet, including the content and user comments / rankings Posted by others on 45Off, with caution and discretion. Such content is not posted on our behalf and We are not responsible for its credibility, authenticity, accuracy or integrity. Bear in mind that such content does not supersede consultation with appropriate professionals, whenever required.
Links to Other Sites
45Off may contain links to other web sites. We do not operate, or monitor these websites. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, We do not endorse, or sponsor its content, or confirm its accuracy, reliability, validity, or legality.
45Off may include paid advertisements. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. We are not responsible for the privacy practices of the advertisers, or the content of their websites, information, messages or offers. You are fully accountable for all communications with the advertisers and to all transactions that take place subsequently.
All rights, title and interest in and to 45Off, except for users content on 45Off, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned, or licensed to the Company. You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify and create derivative works of any of the content on 45Off, which is subject to intellectual property rights, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, other than expressly permitted in these Terms. You may not remove, erase, or distort any message or sign pertaining to ownership rights, such as ' Copyright mark ['] or Trademark [' or '] accompanying content you are using on 45Off. We do not claim ownership over content that you upload to 45Off. However, when you do so, you represent and warrant that you are the rightful owner of all rights in that content, or that you are licensed by the rights owners to Post such content on 45Off. By submitting content for Posting on 45Off, you grant us a free, worldwide, non-exclusive license, for an unlimited period of time to copy, distribute, display publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify and create derivative works on 45Off, and in other communication and information networks, platforms, applications and Services, as well as in printed publications and as part of physical products.
Changes and Availability
We may from time to time change 45Off's layout, design or display, as well as the scope and availability of the content and Services therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom. 45Off's availability and functionality depend on various factors and elements, such as software, hardware and communication networks of the Company, its contractors and suppliers. The Company does not warrant or guarantee that 45Off will operate without disruption, or interruption, or that it will be immune from unauthorized access or error free.
Termination of 45Off's operation
We may at all times, in our sole discretion, discontinue the operation of 45Off, or any part thereof, temporarily or permanently. We may not give any notice prior to such discontinuance. At any time, we may block, remove or delete any content from 45Off, without maintaining any backup copy.
Changes to these Terms
You must read these Terms periodically, as they may change from time to time. You agree to be bound by any of the changes made in these Terms.
DISCLAIMER OF WARRANTY
45Off IS PROVIDED FOR USE AS IS. THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO 45Off, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. THE COMPANY DOES NOT WARRANT THAT 45Off WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFULL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF 45Off IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. LIMITATION OF LIABILITY THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE 45Off, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF 45Off, OR FROM ANY FAULT, OR ERROR MADE BY THE COMPANY'S STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON 45Off. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE LIMITED TO THE CORRECTION OF SUCH ERRORS, OR MALFUNCTIONS, OR A FULL, OR PARTIAL REFUND, IN THE COMPANY'S SOLE DISCRETION AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES, OF SUBSCRIPTION FEES, IF CHARGED.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, at your own expense, from and against any damages, loss, costs, expenses and payments, including reasonable attorney's fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of 45Off, or your breach of these Terms, or any other rules or regulations applicable to 45Off, or your violation, or infringement of other persons rights. Governing Law and Jurisdiction These Terms and the relationship between you and the Company shall be governed by the laws of the State of New York, U.S.A. without regard to its conflict of law provisions. The competent courts located in the Southern District of New York, U.S.A., shall have sole jurisdiction over any claim in connection with 45Off or the Services and with respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. The United Nations Convention on Contracts for the International Sale of Goods does not govern these Terms. You agree to the jurisdiction of the above mentioned courts, agree to accept Services of process by mail, or by e-mail, and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.
These Terms constitute the entire agreement between you the Company with respect to the use of 45Off and supersede any and all other agreements. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms or pursuant hereto shall be effective unless consented to explicitly and executed in writing by an authorized representative of the Company. Failure on the part of the Company to demand performance of any provision in these Terms shall not constitute a waiver of any of the Company's rights under these Terms.
The section headings in these Terms are included for convenience only and shall take no part in the interpretation, or construing of these Terms.
If any provision of these Terms is held illegal, invalid, or unenforceable by a competent court, than the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full effect and force.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification Sections, shall survive the termination, or expiration of these Terms.