Access and Use of the Application
ValenciaTrip is a web application that provides a place for you to search for, publish and comment on lists with a community of users.
You do not have to register in order to visit valenciatrip.com. To access certain features of the Service, though, including adding lists and posting comments, you will need to register.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, including but not limited to, text, files, information, images, audio and video clips, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with ValenciaTrip.
You may never use another Member’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ValenciaTrip immediately of any breach of security or unauthorized use of your account. Although ValenciaTrip will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of ValenciaTrip or others due to such unauthorized use.
By providing ValenciaTrip your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending an email to email@example.com stating your desires. Opting out will prevent you from receiving email messages regarding updates, improvements, or offers.
Subject to the terms and conditions of this agreement, ValenciaTrip grants you permission to use the Service for your personal, non-commercial purposes only. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the ValenciaTrip servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names and email addresses, from the Service; (vii) using the Service for any commercial solicitation purposes; (viii) using any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent, (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; or, (xi) bypassing the measures we may use to prevent or restrict access to the Service. ValenciaTrip may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in ValenciaTrip ’s sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at ValenciaTrip’s sole discretion. ValenciaTrip reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that ValenciaTrip will not be liable to you for any interruption of the Service, delay or failure to perform.
You are solely responsible for your interactions with other ValenciaTrip Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. ValenciaTrip shall have no liability for your interactions with other Users, or for any User’s action or inaction.
License grant and our proprietary rights
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to ValenciaTrip a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to grant and authorize sublicenses of the foregoing for any purpose at the sole discretion of ValenciaTrip.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. ValenciaTrip reserves all rights not expressly granted herein in the Service and the ValenciaTrip Content (as defined below). ValenciaTrip may terminate this license at any time for any reason or no reason.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “ValenciaTrip Content”), and all Intellectual Property Rights related thereto, are the exclusive property of ValenciaTrip and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the ValenciaTrip Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. More information about copyright on our Copyright Policy.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place ValenciaTrip under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, ValenciaTrip does not waive any rights to use similar or related ideas previously known to ValenciaTrip, or developed by its employees, or obtained from sources other than you.
Some areas of the Service may allow Users to post reviews, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. ValenciaTrip reserves the right, but is not obligated, to reject and/or remove any User Content that ValenciaTrip believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
ValenciaTrip takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. ValenciaTrip is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that ValenciaTrip shall not be liable for any damages you allege to incur as a result of such User Content. ValenciaTrip may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
Privacy and Security
We care about the privacy of our Users. By using the Service, you are consenting to have your personal data transferred to and processed in Spain.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
A) Billing Policies. Certain aspects of the ValenciaTrip Service may be provided for a fee or other charge. These fees and charges, if any, are described on the Site, and in the event you elect to use paid aspects of the ValenciaTrip Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted at the website. ValenciaTrip may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
B) No Refunds. You may cancel your ValenciaTrip Account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, ValenciaTrip has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that ValenciaTrip suspends or terminates your ValenciaTrip Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the ValenciaTrip Service, any content or data associated with your ValenciaTrip Account, or for anything else. You acknowledge that ValenciaTrip has the perpetual and irrevocable right to delete any or all of your content and data from ValenciaTrip’s servers and from the ValenciaTrip Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.
You agree to defend, indemnify and hold harmless ValenciaTrip and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of Spain or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall ValenciaTrip, its affiliates, its directors, its employees or its licensors be liable for any direct or indirect damages, including without limitation damages for loss of profits, data or other intangible losses, that result from the use of, or inability to use, the service. Under no circumstances will ValenciaTrip be responsible for any damage, loss or injury resulting from hacking or other unauthorized access or use of the service or your account or the information contained therein.
In no event shall ValenciaTrip, its affiliates, its directors, its employees or its licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to ValenciaTrip hereunder.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Service is controlled and operated from its facilities in Spain. ValenciaTrip makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Choice of Law, Mandatory Arbitration and Venue
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the law of the province of Valencia, Spain without regard to choice or conflicts of law principles. Further, you and ValenciaTrip agree to the exclusive jurisdiction of the state and federal courts in Valencia to resolve any dispute, claim or controversy that arises in connection with these Agreements.