Terms, Conditions, Disclosures and Notices

Welcome to the website of Valarie D’Elia and D’Elia Travel Productions (the “Website”).

The terms “we”, “us”, and “our” and refer to Valarie D’Elia and D’Elia Travel Productions. The term “you” refers to the person visiting the Website and/or clicking through the website to a third party site.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; and, (iii) you will use this Website in accordance with this Agreement.  We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

DISCLOSURE OF COMPLIMENTARY TRAVEL AND/OR “MEDIA” RATES

As is common practice in the travel industry, we may receive complimentary travel or reduced “media” rates at hotels, resorts and attractions.  We may not expressly disclose such offers in our posts or video clips.  Such consideration is not taken in exchange for any promise or understanding of any nature, especially about the content of our work.  Irrespective of these arrangements, we strive to be fair and impartial in reviewing travel providers we cover.

PROHIBITED ACTIVITIES

The content and information on this Website (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 us or our suppliers and providers.  While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, 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 or through this Website. Additionally, you agree not to:

(i) use this Website or its contents for any commercial purpose;

(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;

(iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures that may be employed to prevent or limit access to this Website;

(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(vi) deep-link to any portion of this Website for any purpose without our express written permission; or

(vii) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

SUPPLIER RULES AND RESTRICTIONS

The Website may offer information about travel related goods, services, destinations, offers, prices or deals (“Information”).   This information is provided solely to assist you in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes.  We do our best to confirm the accuracy and completeness of the Information, but often the Information is provided to us by third-parties and may contain errors.   Moreover, Information is subject to change at any time.  ACCORDINGLY, WE CANNOT GUARANTEE THE ACCURACY OF THE INFORMATION.  Terms, conditions, exclusions and restriction may apply to the Information.   These restrictions are determined by third parties and not by us.  Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any supplier or third party with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and/or in your forfeiting any monies paid for such reservation(s).  WE SHALL NOT BE RESPONSIBLE FOR ANY REFUND OR REIMBURSEMENT FOR ANY PURCHASE MADE BY YOU, AGREEMENT YOU ENTER OR RESERVATION YOU BOOK WITH ANY THIRD PARTY.

Moreover, we currently offer users the use a travel information service through www.Momondo.com, which is a travel related deal aggregator.  Momondo.com is a third-party and is governed by its own terms and conditions and privacy policy.  YOU AGREE TO REVIEW and ABIDE BY MOMONDO.COM’S TERMS AND CONDITIONS AND PRIVACY POLICY IF YOU USE MOMONDO.COM.

REVIEWS, COMMENTS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, questions, comments, suggestions, pictures, videos, ideas or the like contained in any submissions (collectively, “Submissions”), you grant us and our assigns and/or affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that we may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our affiliates, agents or other third parties.  You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.  We reserve the right (within our discretion and compliance with applicable laws) to reveal your identity and contact information to a third party that claims that a Submission made by you violates their legal rights.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.  You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that we may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.   You warrant and represent that no Submission shall contain material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.  You agree to indemnify, defend and hold harmless Valarie D’Elia and /or D’Elia Travel Productions from any and all damages, losses, fines, penalties, recoveries, costs or expenses (including attorneys fees), claims, demands, suits and/or actions sustained by us caused by, or arising from, an allegation that any Submission made by you or any material or content therein infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.

Additional terms / policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.

TAXES

You acknowledge that we do not collect taxes for remittance to applicable taxing authorities.

TRAVEL DESTINATIONS

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.   You may need a visa to travel to certain destinations.

BY OFFERING INFORMATION ABOUT TRAVEL RELATED DESTINATIONS, GOODS AND SERVICES IN OR TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), SOME OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US.  ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.   WE DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THIS SITE.   WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE DISCLAIM ALL LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND WE DISCLAIM AND HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed One-Hundred Dollars (US$100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of us.

INDEMNIFICATION

You agree to defend and indemnify the us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(a) your breach of this Agreement;

(b) your violation of any law or the rights of a third party; or

(c) your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than the Website. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: ©2013 Valarie D’Elia All rights reserved.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

A clear identification of the copyrighted work you claim was infringed.

A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.

Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”

A statement that “The information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent by email or by mail to the following address, or you may contact us by phone at the number below:

The Law Office of Anthony N. Elia, P.C.

Attn:  Travel With Val IP/Trademark Counse

74 Trinity Place, Suite 1609

New York, New York 10006

(212) 233-5300

Anthony@anelaw.com

We will review and address all notices that comply with the requirements above.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

PRIVACY POLICY

This online Privacy Policy discloses our information practices for the Website, including what type of information is collected, how the information is used, and with whom the information is shared.

Information That May Be Collected and Its Uses. We do not collect any personally identifiable information, except that which you submit to us (for example by creating an on-line profile with our site).

No Tracking of Personal Information. Our website is not set up to collect or distribute personal information not entered by visitors.  Through website access logs, we do collect certain information such as clickstream data and HTTP protocol elements, which generate non-identifying data, such as the number of hits and visits to our sites. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties for analysis.  We use non-identifying information for the following purposes: for statistical analysis of behavior to see what you like and don’t like about the site; for product development to for content improvement; for internal company reviews; to solve technical problems, to calculate overall usage statistics and to help us to better understand the types of advertising or promotions that are most appealing to you.  We do not send unsolicited email. 

Disclosure of Your Information. Your information will only be disclosed under the following circumstances:

(a)          Within Corporate Organization. We may share your information within the corporate organization.

(b)          Mergers and Acquisitions. Circumstances may arise where for business reasons, we decide to sell, buy, merge or otherwise reorganize its businesses in the United States or some other country.  Such a transaction may involve the disclosure of your information to prospective or actual purchasers, and/or receiving such information from sellers. In such transactions, customer information is generally one of the transferred business assets. Also, in the event we are acquired, customer information will be one of the transferred assets.  It is our practice to seek appropriate protection for information in these types of transactions.

(c)         Agents. We from time to time employ or engage other companies and individuals to perform business functions on our behalf. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit, card payments and providing customer services.

(d)          We may ask third party to analyze the non-identifying information from the site for marketing analysis.

(e)          Disclosure to Governmental Authorities.  Under certain circumstances, personal information may be subject to disclosure pursuant to a judicial or other government subpoenas, warrants or orders. We release personal identifying information when we reasonably believe release is appropriate to comply with the law, to enforce our agreements, or to protect the rights, property or safety of our uses, or where there is reason to believe that the person’s whose information is being sought has violated the legal rights of a third party.

Links to Other Websites.  This website may contain links to other websites. We are not responsible for the privacy practices, security practices or the content of those other websites

Information Security. We employ physical, electronic and managerial procedures to safeguard the security and integrity of personal information.  Personal information is accessible only by staff designated to handle such information.  We will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, we shall not be liable for unauthorized disclosure of personal information due to no fault of ours including, but not limited to, errors in transmission and unauthorized acts of our staff and/or third parties.

GENERAL

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of New York, USA. You hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and us as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and us with respect to this Website. A printed version of this Agreement 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.

Any rights not expressly granted herein are reserved.