Terms of Use

1.Acceptance of Terms of Use.Thank you for visiting this website, https://www.travly.com (the “Site”). Travly US LLC (“We,” “Our,” “Us,” and “Travly”) offers access to and use of the Site subject to your acceptance without modification of these terms, conditions, and notices contained herein. Please read these Terms of Use carefully before using the Site. By using this Site, you are accepting these Terms of Use (“Terms of Use”).
2.Description of the Site.The Site allows access and use of Travly services to the extent and in the manner offered through the Site.
3.Consents.
3.1.Disclosures.By visiting the Site, you understand and agree that We use various service providers to host, administer, update, and otherwise manage the Site and the service available on the Site. You understand and agree that these third parties are agents of Travly, and as such are the same as Travly. You further agree and understand that the Site uses automated technologies to collect and transfer information related to your visit and use of the Site to such third party service providers. The information collected and transferred includes navigation data, search string data, and video watching data. You agree to the disclosure of the data related to your navigation around, and use of, the Site to these third parties for the purposes specified in the privacy policy which links to the Site.
3.2.Communications.By providing your telephone number, you are providing express written consent to receive communications from Travly, (including its affiliates, agents, service providers, and affiliates for the purposes defined above) for any purpose, including but not limited to marketing various services from both Travly and companies Travly has joint marketing agreements with. Additionally, you agree to receive communications from Travly regarding any service, and any information you may have obtained via your use of a website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email, or other similar means. Note, regardless of whether your phone number is registered on a state or federal Do Not Call list, You agree that Travly is not responsible for any charges made to you regarding these communications. Standard voice and data rates may apply. Should you wish to no longer receive communications, you may text “STOP” to cease receiving such communications. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.
3.3.Electronic Signatures.By using the Site, you agree to transact electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual written signature. You further agree that your use of a keypad, mouse, or other device to select an item, button, icon, or similar act/action constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
4.Password.You are required to choose a password and a username when setting up your account or otherwise enrolling in provided services. You are responsible for maintaining the confidentiality of your username and password, account information, and all activities that occur through the use of your password, account, or as a result of your access to the Site. You agree not to share your password, account information, or access to the Site with any other person. You agree to immediately notify Travly of any actual or suspected unauthorized use of your account or password. Travly will not be responsible for any loss whatsoever arising from the misappropriation of your password by a third party.
5.USER CONTRIBUTIONS..The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, reviews, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:
  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Travly, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination

We have the right to:
  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Travly.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.
  • Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement
If you believe that any User Contributions violate your copyright, please send us an email at: developer@travly.com with the basis to your claims. It is the policy of the Travly to terminate the user accounts of repeat infringers.
6.Intellectual Property and Rights to Access Site..
6.1.Ownership.The Site’s database, and all data in the Site, is owned by Travly and/or its agents, and the underlying technology and format are owned or licensed by Travly. The Site’s technology and format are protected by applicable domestic and international patent, copyright, and other intellectual property and proprietary rights and laws, and is offered to you, as it exists on the Site, for limited use pursuant to these Terms of Use. You shall not copy, distribute, publish, perform, modify download, transmit, transfer, sell, or license, create derivative works from or based on, publicly display, frame, link, or in any other way exploit any of the Site, in whole or in part, other than any of your own personal information that is found through the use of the Site, without the prior written permission of Travly or the respective copyright holder.
6.2.License.Subject to this Agreement, Travly hereby grants you a non-exclusive, non-transferable license for your personal purposes and in order to manage information regarding your ability: (i) to access and use the Service; and (ii) to access and use reports, materials, or other content generated through or available on the Site. All rights not explicitly granted in this Agreement are reserved by Travly. You may not use the Site in any manner inconsistent with this Agreement.
6.3.Trademark Notices.All trademarks, service marks, trade names, and logos contained in the Site are the property of their respective owners.
7.Linking to the Website and Social Media Features.You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Site may provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain content on this Site.
  • Send emails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by Us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
8.Links to Third Party Sites..The Site may contain links to other websites (“Linked Sites”) and access to third party content, products, and services. These Linked Sites are not under Travly control and Travly is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Travly is not responsible for webcasting or any other form of transmission received from any Linked Site. Travly is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Travly of the site or any association with its operators. You bear all risks associated with the access to, and use of, such websites and third party content, products and services.
9.Geographic Restrictions.Travly is a Delaware limited liability company based in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
10.No Unlawful or Prohibited Use.By using the Site, you represent and warrant to Travly that you will not use the Site in any manner that: (a) is defamatory, derogatory, degrading, or harassing of another or constitutes a personal attack; (b) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive, or personal information; (c) promotes bigotry, racism, hatred, or harm against any group or individual; (d) is obscene or not in good taste; (e) violates, infringes, or promotes the violation or infringement of another’s rights, including intellectual property rights; (f) violates or promotes the violation of any applicable laws or regulations; (g) contains a solicitation of funds, goods, or services, or promotes or advertises goods or services; (h) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer; (i) could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; or (j) for any purpose that is prohibited by these terms, conditions, and notices. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. We may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
11.Reliance on Information Posted.The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Travly, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Travly. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12.Changes to Site.We reserve the right to modify, suspend, or discontinue this Site, in whole or in part, at any time, with or without notice.
13.Disclaimer.You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRAVLY NOR ANY PERSON ASSOCIATED WITH TRAVLY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, NEITHER TRAVLY NOR ANYONE ASSOCIATED WITH TRAVLY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, TRAVLY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14.Limitation of Liability.TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TRAVLY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
15.Indemnification.
15.1. You agree to defend, indemnify, and hold harmless the Travly, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
16.Security.We have implemented commercially reasonable administrative, procedural, and technical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Measures will vary depending on the sensitivity, format, location, amount, distribution, and storage of the personal information. However, due to the nature of the Internet and related technology, We cannot absolutely guarantee the security of personal information, and Travly expressly disclaims any such obligation. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues.
17.Termination.Travly reserves the right, at its sole discretion, to terminate or limit your access to the Site and the related services or any portion thereof at any time, without notice.
18.Governing Law, Venue and Validity.To the maximum extent permitted by law, these Terms of Use is governed by the laws of Delaware, and you hereby consent to the exclusive venue of Delaware in all arbitrations or other disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Travly as a result of these Terms of Use or use of the Site. Travly performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Travly right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Travly with respect to such use. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between the user and Travly with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Travly with respect to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19.Dispute Resolution.
19.1. Dispute Resolution Objective. Unless otherwise expressly provided in these Terms, all disputes will be subject to this Section 21.1. Either Party may initiate the dispute resolution procedure of this Section 21.2 by giving the other Party written notice of any dispute (“Notice of Dispute”).
19.2. Negotiation and Mediation. If the dispute is not resolved within forty-five (45) calendar days following the Notice of Dispute, the parties shall initiate mediation proceedings through the CPR International Institute for Conflict Prevention and Resolution, Inc.’s Mediation Procedure. All negotiations pursuant to this paragraph are confidential and are deemed compromise and settlement negotiations for the purposes of applicable rules of evidence. The parties will share equally the costs of any such mediation, and shall bear its own attorneys’ fees and expenses.
19.3. Arbitration. In the event the parties are unable to resolve any dispute by negotiations or mediation within the earlier of ninety (90) calendar days after the Notice of Dispute, fourteen (14) calendar days after the completion of the mediation, or fourteen (14) business days after a party’s refusal to mediate, the parties shall submit the dispute to binding arbitration before the American Arbitration Association. Any arbitrator chosen hereunder must have reasonable educational training and industry experience relevant to the particular dispute. The place of arbitration will be in Seattle, Washington. Any arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

The arbitrator must make a decision concerning the dispute and set forth findings of fact and conclusions of law. The arbitrator’s decision will be binding on the parties and will be final and nonappealable. Any decision by the arbitrator will not be interpreted as an admission against interest of any Party and will not be admissible as evidence in any subsequent court action with a third party.

The non-prevailing Party shall pay the fees charged by the American Arbitration Association and the arbitrator for any arbitration; each Party shall bear its own attorneys’ fees, experts fees, and expenses, provided that if a non-prevailing Party refused to mediate, then such non-prevailing Party shall pay the costs of the prevailing Party’s attorneys’ fees, expert fees, and expenses related to any arbitration.

19.4. No Court Proceedings. Unless otherwise provided elsewhere in these Terms, neither Party may institute any court proceedings concerning any dispute relating to these Terms. The dispute resolution procedure of this Section 21.2 is the sole remedy, unless otherwise provided elsewhere in these Terms, for resolving disputes. Notwithstanding the foregoing, the parties may initiate court proceedings subject to Section 22: (a) for disputes concerning the scope, validity, enforceability, or infringement of intellectual property rights; (b) to enforce any arbitration award between the parties; and (c) for claims for equitable relief.
20.No Class Actions or Representative Proceedings.You agree that, to the fullest extent permitted by law, you waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding.
21.Waiver and Severability.The failure of Travly to exercise or enforce any rights or provisions in these Terms of Use will not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified, legal, and enforceable. The rest of the Terms of Use will not be affected.
22.Contact Information.If you have any questions regarding these Terms of Use, please contact Travly at developer@travly.com.