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Website Terms of Use

1. Introductions and Definitions

1.1 This agreement describes the terms and conditions for the use of Excursionist.com and our related services. The services featured on this website are operated by Excursionist LLC, which is registered as a Limited Liability Company formed in the District of Columbia, United States and registered in the State of New York. The following terms of use will form part of your contract with Excursionist related to the use of the Excursionist.com website and related Services. Please read them carefully before you use this site or its services.

1.2 Excursionist.com is a private, members-only travel website that provides travel planning and booking services to its members (the “Services”). A portion of the website is viewable by the public (non-members) for informational purposes only, while membership is required to view detailed information about our services and to reserve and utilize these services.

1.3 The website contains content (the “Content”) related to travel around the world, including travel itineraries, hotel information, photographs, articles, biographies, organizational information, maps, videos, and links to other websites.

1.4 By using Excursionist.com or any Excursionist-affiliated website, you agree to be legally bound by these terms, which shall take effect immediately.

1.5 You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

1.6 Membership in Excursionist confirms that you have read and accept these terms of use, and that you agree to be bound by them.

1.7 If you do not agree to be legally bound by all the following Terms of Use please do not access and/or use Excursionist.com or an Excursionist-affiliated website.

1.8 You must be 18 or over to use Excursionist.com

1.9 Excursionist may change these Terms of Use at any time by posting changes online. Please review these Terms of Use regularly to ensure you are aware of any changes made by Excursionist. Your continued use of Excursionist.com or an Excursionist-affiliated website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

2. Membership and Account

2.0 Portions of this website and membership are not available to the general public and require you to register as a member. You are required to create an account and provide information about yourself in order to complete the membership registration process.

2.1 Excursionist offers two levels of membership. The Voyager membership is complimentary, but requires either a) a direct invitation by Excursionist; b) an invitation by an existing member of Excursionist; or c) an invitation by an affiliated partner organization. As a Voyager member, a customer to the site can view a portion of our Services available to Voyager members and book travel packages listed on the site. The Explorer Membership requires a membership fee, which needs to be renewed every two years and provides access to additional content and services not available to Voyager members.

2.2 You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 By having a membership account in Excursionist, you acknowledge that you meet our requirements for membership. Your account is for your personal, non-commercial use only. You may not impersonate someone else, open an alternative account if your membership is suspended, create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.

2.4 You may not sell, trade, or transfer a membership account to another person, nor accept or use an account that was not originally yours. If an account violates these conditions, the account will be terminated immediately.

2.5 Your membership in Excursionist is based upon the assumption that all information you provide regarding yourself is truthful and accurate. You may not use a pseudonym or alias. Misleading or false information is sufficient reason for us to terminate your account.

2.6 Members are expected to invite only respected persons within their own real-world communities and not individuals who might bring discredit to or harm the reputation of Excursionist.

2.7 Excursionist.com reserves the right to limit the number of invitations that a member is entitled to make at any time.

2.8 We reserve the right to change or adjust membership criteria and to make changes in the existing membership at any time and without prior notice.

2.9 We reserve the right to suspend or terminate, at our discretion, a member's account for violations of our rules, guidelines, or terms of use or for any other reason.

3. Conditions of Use

3.0 You agree to use Excursionist.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of Excursionist.com.

3.1 Your use of Excursionist.com and the Services is intended for personal, non-commercial use and/or to make legitimate requests to book the products or services offered.

3.2 By using this site, You agree not to: a. Use this site to make any speculative, false or fraudulent requests; b. Use the Services or Content for any commercial purposes; c. Use the Services to export software or data in violation of applicable U.S. laws or regulations; d. Sell, rent, lease, loan, distribute, transfer, sublicense, or otherwise permit any third party to use or have access to the Services for any purpose (except as expressly permitted by Excursionist in writing), whether by timesharing, service bureau, networking or any other means; e. Remove any copyright, trademark, patent or other proprietary notices from the Services or any portion thereof; f. Distribute, publish, exhibit, or otherwise use the Services, or any portion thereof, in any manner and for any purpose not expressly permitted under this Agreement; g. 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 our express written permission; h. Permit or otherwise enable unauthorized users to access and/or use the Services; i. Use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state and federal laws and regulations and international treaties; j. Use the Services for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that Excursionist deems, in its sole discretion, to be objectionable whether or not such material is unlawful; k. Copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Excursionist.com content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use. Any other use of Excursionist.com content requires the prior written permission of Excursionist. l. Deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; m. 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 download or copy account information for the benefit of another vendor or any other third party; n. Cache or create unauthorized hypertext links to the Site; o. Frame”, “mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization; p. Upload, post, or transmit any content that you do not have a right to make available (such as the intellectual property of another party); q. Upload, post, or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; r. Impersonate any person or entity, including, but not limited to, a Excursionist employee or an authorized representative of a Supplier, or falsely state or otherwise misrepresent your affiliation with a person or entity; s. Take any action that imposes or may impose (in Excursionist’s sole discretion) an unreasonable or disproportionately large load on Excursionist’s infrastructure; t. Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service.

3.3 Any unauthorized use as noted in Section 3.2 by you shall terminate the permission or license granted to you by Excursionist.

3.4 You represent and warrant that you: a. Have not previously been suspended by Excursionist or otherwise banned from the site; b. Are not a direct competitor of Excursionist; c. Do not have more than one Excursionist account at any given time; d. Are Eighteen years of age or older; e. Have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party; f. If purchasing services for someone else, are authorized to act and will inform such other persons about the Terms and Conditions and/or Privacy Policy that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto).

4. Content We Provide

4.0 You understand that all Content (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services, are the sole responsibility of the person from which such content originated.

4.1 The Content (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such Content and information, is proprietary to Excursionist or our licensors, Suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through Excursionist, you agree not to otherwise 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 Excursionist or through this Website.

4.2 You acknowledge that Content presented to you as part of the Services may be protected by intellectual property rights. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Excursionist in writing.

4.3 Excursionist reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content.

4.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

4.5 The curators listed under each of our passion categories and in our curator section are independent parties with no direct affiliation to Excursionist and act as general advisors. They do not warrant, represent or promise the quality, validity of any product or service offered by Excursionist.

5. Content Provided by You

5.0 From time to time, members and the general public may submit Content to Excursionist for public dissemination including, but not limited to, pictures, videos, articles, and reviews. This Content is separate from, and not categorized as Personal Information, which is governed by our Privacy Policy.

5.1 In connection with Content you submit to Excursionist, you affirm, represent, and/or warrant that: a. You own or have the necessary licenses, rights, consents, and permissions to use and authorize Excursionist to use such Content in the manner contemplated by the Services and these Terms of Use; b. You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant Excursionist all of the license rights granted herein.

5.2 By submitting, posting or displaying the Content you grant Excursionist a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and otherwise exploit this Content.

5.3 You agree that you are solely responsible for (and that Excursionist has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Excursionist may suffer) by doing so.

5.4 You understand that Excursionist, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Excursionist to take these actions.

5.5 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: a. An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the Services; d. Your address, telephone number, and e-mail address; e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

5.6 Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Excursionist actual knowledge of facts or circumstances from which infringing material or acts are evident. Excursionist’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Norman Aynbinder 467 Central Park West, Suite 5C New York, NY 100125 norman@excursionist.com

6. Intellectual Property and Trademarks

6.0 You acknowledge and agree that Excursionist (or Excursionist’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The Services include, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including the information in any application, registration, or renewal thereof that may be protected under the intellectual property laws, regulations, or rules of any country. Without limiting the foregoing, all data, graphics, icons, images, logos, text, and the compilation of all content therein, and all service marks, trademarks, trade names, and trade dress depicted on the Services are owned by Excursionist (or Excursionist’s licensors).

6.1 Users are prohibited from using any trademarks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Excursionist or such third party which may own the trademarks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

6.2 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

7. Privacy Policy

7.0 In conjunction with this Website Terms of Use, Excursionist maintains a separate Privacy Policy is to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our Services. See the Privacy Policy here.

8. Provision of Services

8.0 Excursionist is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Excursionist provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Excursionist may decline to provide you access to the Services or stop (permanently or temporarily) providing the Services (or any features or programs within the Services) to you or to users generally at Excursionist’s sole discretion, without liability or prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Excursionist when you stop using the Services.

9. Miscellaneous

9.0 Term and Termination. This Agreement is effective until terminated by Excursionist or you. Excursionist shall have the right to terminate this Agreement including, without limitation, your right to access and use the Services, at any time in Excursionist’s sole discretion and without advance notice to you. The licenses granted herein shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. Upon termination of this Agreement for any reason, you shall immediately cease using the Services. The provisions of this Agreement shall survive the termination of this Agreement to the extent necessary to effectuate their purposes.

9.1 Governing Law and Venue. This Agreement shall be governed by the laws of the State of New York without giving effect to conflict or choice of law principles, and the parties agree that any litigation between the parties arising under this Agreement or concerning the Services shall be conducted exclusively in state or federal courts located in the State and City of New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. The parties agree that “United Nations Convention on Contracts for the International Sale of Goods” shall not apply to this Agreement.

9.2 Severability. If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.

9.3 No Assignment, Sublicense or Transfer. You may not assign, sub-license, or transfer this Agreement or any rights or obligations hereunder without prior written consent of Excursionist. Any such attempted assignment, sublicense, or transfer will be null and void and Excursionist, in its sole discretion, shall have the right to immediately terminate this Agreement.

9.4 Communications by Excursionist. You agree that Excursionist may communicate with you electronically. Such electronic communications may consist of e-mail or other notices posted on the Services. You agree that all agreements, notices, disclosures, and other communications Excursionist sends to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.

9.5 Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter and may be amended only in a writing signed by both parties. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. Any terms and conditions of any purchase order or other document submitted by you in connection with the services that are in addition to, different from, or inconsistent with the terms and conditions of this agreement are not binding on excursionist and are ineffective. No vendor, distributor, dealer, retailer, agent, sales person, or other person is authorized by excursionist to modify this agreement or to make any warranty, representation, or promise that is different than or in addition to the warranties, representations, or promises expressly set forth in this agreement.

This Excursionist Website Terms of Use Agreement was last updated on July 16th, 2011.