MyTripJournal - Personal Travel Blogs MyTripJournal - Personal Travel Blogs
Terms and Conditions
General
  1. This agreement (the "Agreement") sets forth the terms and conditions relating to your use of the services provided by MyTripJournal.com. MyTripJournal and MyTripJournal.com are trade names of MyTripJournal Technologies Inc. and are herein collectively referred to as "MyTripJournal". You further agree and acknowledge that each and every reference herein to "MyTripJournal" shall be read as a reference to MyTripJournal Technologies Inc. and shall include, as applicable, its White-Label Affiliates and Subsequent Service Providers as hereinafter defined.

  2. To complete the subscription process, you must acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement, and any rules or policies that are or may be published by MyTripJournal from time to time. This Agreement will become effective upon acceptance of your subscription by MyTripJournal and shall apply to all products and services, whether paid or unpaid, which you may elect to subscribe for or purchase from time to time.

  3. MyTripJournal, its White Label Affiliates and Subsequent Service Providers may at their sole discretion, elect to accept or reject any application for subscription for a MyTripJournal Website (tm) as hereinafter defined.

  4. MyTripJournal, through the MyTripJournal System (tm), currently provides users with rights ("Rights") to access a collection of on-line features as set out herein (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MyTripJournal resources, shall be subject to these terms of service. The Service shall also consist of and include any other collection of on-line features, whether residing on the MyTripJournal.com domain or otherwise and whether similar to the set of features on the MyTripJournal.com domain or not, onto which the Service may be subsequently transitioned, continued and/or exported by MyTripJournal and whether owned by MyTripJournal or by any other persons, individuals, corporations, partnerships, trusts or other entities (each being a "Subsequent Service Provider").

  5. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees which may be associated with such access. In addition, you must provide or have access to all equipment necessary to make such connection to the World Wide Web, including a computer and modem, mobile or other access device.

  6. The Service is offered for subscription and/or sale both at MyTripJournal's web site and elsewhere by affiliates of MyTripJournal, and may be offered for subscription and/or sale by White-Label Affiliates and by Subsequent Service Providers. In certain cases MyTripJournal Websites have an appearance different from the appearance of MyTripJournal Websites offered directly from MyTripJournal.com domain, may have Rights different from those on the MyTripJournal.com domain, may not include use of the MyTripJournal name and may include the use of names, branding and logos of MyTripJournal's White Label Affiliates or of Subsequent Service Providers . All Rights created through the System, including those created or continued through White-Label Affiliates and Subsequent Service Providers, are herein referred to as "MyTripJournal Websites" regardless of their appearance and whether they are offered for subscription and/or sale under the name MyTripJournal or under another name, and regardless of where the Rights were originally offered for subscription and/or sale.

Subscription
  1. Subscription to the Service may be either free or paid by subscription fee paid by the subscriber. The two levels of service currently offered are referred to herein respectively as the "Complimentary Service" and the "Paid Service".

  2. The availability, terms and subscription price, if any, of Rights applicable to the various levels of Service are subject to change from time to time without notice to existing subscribers upon those Rights being posted on the MyTripJournal.com (tm)website and, if applicable, on the websites of our White-Label Affiliates and of Subsequent Service Providers (as hereinafter defined). You further agree to comply with the terms and conditions in effect by our White-Label Affiliates and by Subsequent Service Providers, as amended from time to time. All such changes shall become effective immediately upon the posting thereof. Please review the said terms and conditions to keep yourself apprised of any changes. Your continued use of the Service, or the continued residence of your Registration Data and Content (as hereinafter defined) in the MyTripJournal System, or both, following the posting of changes, shall constitute your acceptance of the revised terms and conditions.

MyTripJournal's Service and proprietary rights
  1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

  2. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content (as hereinafter defined) contained in information presented to you through the Service or advertisers may be subject to and protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MyTripJournal or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
    You agree not to access the Service by any means other than through the interface that is provided by MyTripJournal, its White-Label Affiliates and Subsequent Service Providers for use in accessing the Service.

Fees
  1. In consideration of MyTripJournal, its White-Label Affiliates and/or Subsequent Service Providers providing Paid Service to you, you agree to pay, prior to the paid subscription being accepted, the amounts set forth in the applicable pricing schedule, as amended from time to time, for the initial paid subscription and for subsequent upgrades and renewals. Your application for Paid Service will not be accepted until your actual payment of the subscription fee is received. If MyTripJournal, its White-Label Affiliates and/or Subsequent Service Providers, do issue a MyTripJournal Website(tm) prior to payment of the subscription fee, they reserve the right to cancel that subscription or restrict use of the relevant MyTripJournal Website(tm) until payment has been received. All fees must be prepaid and are non-refundable, in whole or in part, even if the subscription is subsequently suspended, cancelled or transferred prior to the end of the subscription term.

  2. In the event of a charge back by a credit card company or other payment provider authorized by MyTripJournal, the relevant MyTripJournal Website(tm) shall be transferred to MyTripJournal as the paying entity for the subscription. MyTripJournal may reinstate your MyTripJournal Website(tm) at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently US$30.

  3. Payment must be made by credit card or other methods we indicate in registration application or renewal form. If you are on a pre-authorized billing plan, we will upgrade or extend your paid subscription, to the extent authorized, provided your credit card or other billing information is available and up to date. If your billing information is not accurate and you wish to upgrade or extend your MyTripJournal Website(tm), you will have to provide us with updated and acceptable billing information before we can consider your application for upgrade or extension of your paid subscription.

Registration obligations
  1. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information, together with your personal login password and Visitor Access Passwords (as hereinafter defined), if any, being collectively defined herein as your "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyTripJournal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyTripJournal has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You understand that your Content is not protected by Internet-protocol secure server technology and is therefore inherently vulnerable to being accessed by unintended persons. You agree to therefore exercise caution not to post Content on your MyTripJournal Website (tm) which is of so personal or sensitive a nature, and not to use Registration Data that, if accessed by unintended persons, or if misused by persons to whom such Content or Registration Data is provided in accordance with the terms of this Agreement or our privacy policy, as amended from time to time, would cause you harm, loss or damage.
  2. You also understand and agree that the Service may include certain communications from MyTripJournal, such as service announcements and administrative messages, and that these communications are considered part of MyTripJournal membership and that, at MyTripJournal's discretion, you may not be able to opt out of receiving them.

  • Privacy Policy
    1. Pursuant to MyTripJournal's privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce this Agreement, or under any of the other circumstances set forth in this Agreement or in our privacy policy, as may be amended from time to time. Notwithstanding the foregoing, you understand that this agreement and our privacy policy permit us to disclose your personally identifying information, including your Registration Data and your Content, to White-Label Affiliates (as hereinafter defined) with whom you are associated, to Subsequent Service Providers and to their respective related parties for any purposes relating to the Service. For more information, please see our full privacy policy. Our White-Label Affiliates and Subsequent Service Providers may have their own privacy policies which will be applicable to any use and/or display by them of your Content, your Registration Data and/or your other personally identifying information whether or not such use and/or display is in accordance with the purpose for which it was provided to them.

    2. You understand and agree that, whether or not you require a Visitor Access Password, other System users and members of the public who are searching the System under any search criteria may view Your name and other information relating to the status of Your MyTripJournal Website including, without limitation, its URL, whether it is open or closed and whether it is public or private.

    Content
    1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MyTripJournal, its White-Label Affiliates or Subsequent Service Providers, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service.

    2. You acknowledge that MyTripJournal does not pre-screen Content, but that MyTripJournal, its White-Label Affiliates and Subsequent Service Providers and their respective designees shall have the right (but not the obligation) in their sole discretion to refuse, or to remove, any Content that is available via the Service. Without limiting the foregoing, they shall have the right to remove any Content that violates their terms of use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

    3. MyTripJournal, its White-Label Affiliates and Subsequent Service Providers do not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

    Confidentiality and Use of Your Content
    1. The Rights applicable to certain subscribers may (but do not require us to) include the ability to keep confidential from the public all Content which You may elect to publish on your MyTripJournal Website (tm), by requiring a password ("Visitor Access Password") to be entered by visitors to Your MyTripJournal Website (tm) before your Content can be viewed.

    2. Your Content that is uploaded to and/or published on your MyTripJournal Website at a time when you are entitled to, and do, require a Visitor Access Password, and for which You have continued without interruption to require a Visitor Access Password, is herein referred to as "Private Content".

    3. Content that is uploaded to and/or published on Your MyTripJournal Website (other than Content associated with unpublished entries) under either of the following conditions is herein referred to as "Public Content":
      The Content was uploaded to and/or published at a time when you were not entitled to require, or if entitled to did not opt to require, a Visitor Access Password; or
      1. The Content was uploaded and/or published at a time when you required a Visitor Access Password, but you have since ceased to require a Visitor Access Password.

      2. For greater certainty, and without limiting the generality of the foregoing, Content that is at any time Public Content cannot subsequently become Private Content, whether by the imposition of a Visitor Access Password or in any other manner whatsoever.

    4. MyTripJournal does not claim ownership rights to any of Your Content. However, if any of Your Content is Public Content, You hereby grant to MyTripJournal, its White-Label Affiliates and Subsequent Service Providers, in further consideration of Your access to the Rights during Your Term of Service, a non-exclusive, royalty-free, fully paid, worldwide license to use, copy, distribute, and display your Public Content and to provide Your Public Content to MyTripJournal's affiliates and on-line partners, including White-Label Affiliates and Subsequent Service Providers, to use, copy, distribute, and display on a royalty-free, fully paid basis through their on-line and off-line facilities worldwide, both during Your Term of Service and thereafter.

    5. Without limiting the generality of the foregoing, such license includes, but is not limited to:
      1. the right to display or reproduce Your Public Content, in whole or in part and in any altered format which MyTripJournal or its affiliates or on-line partners, may, in their respective sole discretion, determine, in or through the "Best of MyTripJournal" system;
      2. The right to display Your Public Content in or through keyword, user name, geographical and other searches for MyTripJournal Websites and Public Content generally;
      3. the right to display or reproduce Your Public Content, in whole or in part and in any altered format which MyTripJournal or its affiliates or on-line partners, including White-Label Affiliates and Subsequent Service Providers, may, in their respective sole discretion, determine, in or through webpages, newsletters, magazines, produced by or on behalf of any of them;
      4. the right to display or reproduce Your Public Content in connection with advertisements and other materials of a promotional nature;
      5. the right to charge a fee to third parties for affording them the opportunity to display Your Public Content.

    6. You waive any right or claim to any revenue earned or otherwise produced through the display of Your MyTripJournal Website or Your Public Content, whether in their original or in altered form and whether by MyTripJournal or by its affiliates or on-line partners, including White-Label Affiliates and Subsequent Service Providers, in accordance with the foregoing provisions, and further waive any right to prevent Us from so displaying, or allowing others to display, Your MyTripJournal Website and Your Public Content.

    7. You understand and acknowledge that all persons to whom you circulate your Visitor Access Password will have unfettered access to your Content, and that in the event unintended persons acquire your Visitor Access Password, from whatever source, or after repeated attempts are able to enter your Visitor Access Password, such persons as well will have unfettered access to your Content. You understand that your Content is not protected by Internet-protocol secure server technology and is therefore inherently vulnerable to being accessed by unintended persons. You agree to therefore exercise caution not to post Content on your MyTripJournal Website (tm) which is of so personal or sensitive a nature that, if accessed by unintended persons, would cause you harm, loss or damage.

    8. You further understand and agree that in the event you have Public Content, members of the public will have the ability to view such Public Content, whether in its original or an altered format. You agree to therefore exercise caution not to post Content on your MyTripJournal Website (tm) which is of so personal or sensitive a nature that, if accessed by members of the public, would cause you harm, loss or damage.

    9. You further acknowledge and agree that your MyTripJournal Website (tm) may have been created by you after following a link from one of MyTripJournal's affiliates who refer customers to our web site ("Affiliates") or by use of a promotional code that is particular to one of our Affiliates.
    10. You further acknowledge and agree that certain of MyTripJournal's Affiliates ("White-Label Affiliates") have entered into agreements that enable them to offer certain customers the opportunity to create MyTripJournal Websites (tm) in our System which have a different "look and feel" from that which their MyTripJournal Websites (tm) would have if created without following such a link onto the System or entering such a promotional code. You further acknowledge and agree that, regardless of whether you have followed such a link or entered such a promotional code, and regardless of whether your MyTripJournal Website (tm) was created with the "look and feel" of a White-Label Affiliate your MyTripJournal Website (tm) may be accessed by persons initiating searches from the web sites of our White Label Affiliates and of Subsequent Service Providers, and further, that in certain circumstances your MyTripJournal Website (tm) may take on a "look and feel" of one of our White-Label Affiliates and Subsequent Service Providers.

    User Conduct
    1. You agree to not use the Service to:

      1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. Access or attempt to access the editor functions on MyTripJournal Websites (tm) of other users of the Service unless you have been given express written consent by such user to do so;
      3. Access or attempt to access other users' MyTripJournal Websites(tm) which such users have elected to designate as password-protected ("Private MyTripJournal Websites (tm)") unless you have been given express written consent by such user to do so;
      4. Download, attempt to download, the Private MyTripJournal Website (tm) of another user, unless you have been given express written consent by such user to do so;
      5. Upload, post or otherwise transmit any Content on, or otherwise tamper with or change, or attempt to tamper with or change, MyTripJournal Websites (tm) on which you are not the subscribing user, unless you have been given express written consent by such user to do so;
      6. Harm minors in any way;
      7. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      8. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
      9. Upload, post or otherwise transmit any Content that you do not have a legal right to transmit or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      10. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
      11. Transmit notices that you have updated your MyTripJournal Website ("Update notices") to, or enter into our system the names and email addresses of, persons who do not qualify as 'Friends'. From such person to qualify as a 'Friend', two conditions must be met: (a) you must have a personal relationship with that person or have received express permission from him or her to send 'Update Notices' to him or her; AND(b) that person must not have asked you or us not to receive further Update Notices from you;
      12. Upload, post or otherwise 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;
      13. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
      14. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
      15. Intentionally or unintentionally violate any applicable local, provincial, state, national or international law;
      16. "stalk" or otherwise harass another;
      17. Collect or store personal data about other users;
      18. Promote or provide instructional information about illegal activities, promote physical harm or injury against, or hatred toward, any group or individual, or promote any act of cruelty to animals;
      19. Use your MyTripJournal Website (tm) as storage for remote loading or as a door or signpost to another web page, whether inside or beyond MyTripJournal; or
      20. Engage in commercial activities without enrolling in MyTripJournal-approved programs or otherwise without the express written consent of MyTripJournal. This includes, but is not limited to, the following activities:
        1. Offering for sale any products or services;
        2. Soliciting for advertisers or sponsors;
        3. Conducting raffles or contests that require any type of entry fee;
        4. Displaying a sponsorship banner of any kind, with the sole exceptions of banners expressly authorized by MyTripJournal; and
        5. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites;
        6. Build or attempt to build a link or hyperlink from your MyTripJournal Website (tm) to a web page outside of your MyTripJournal Website (tm).

    Contact with MyTripJournal
    1. You acknowledge and recognize that all contact with MyTripJournal in the first instance should be made via the online forms available on our web site or via our postal address. You agree that MyTripJournal is not obliged to offer telephone support as part of your agreement.

    DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

      1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYTRIPJOURNAL, ITS WHITE-LABEL AFFILIATES AND SUBSEQUENT SERVICE PROVIDERS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
      2. MYTRIPJOURNAL, ITS WHITE-LABEL AFFILIATES AND SUBSEQUENT SERVICE PROVIDERS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
      3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
      4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYTRIPJOURNAL, ITS WHITE-LABEL AFFILIATES AND SUBSEQUENT SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYTRIPJOURNAL, ITS WHITE-LABEL AFFILIATES AND SUBSEQUENT SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYTRIPJOURNAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE; WHETHER WITHIN OR OUTSIDE THE CONTROL OF MYTRIPJOURNAL, ITS WHITE-LABEL AFFILIATES AND SUBSEQUENT SERVICE PROVIDERS AND WHETHER OR NOT ATTRIBUTABLE TO THEIR NEGLIGENCE OR TO THE NEGLIGENCE OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS.

    2. IN PARTICULAR, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT MYTRIPJOURNAL, ITS WHITE-LABEL AFFILIATES AND SUBSEQUENT SERVICE PROVIDERS SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN PARTICULAR (WITHOUT LIMITING THE GENERALITY OF THE FOREGOING) MYTRIPJOURNAL, ITS WHITE-LABEL AFFILIATES AND SUBSEQUENT SERVICE PROVIDERS WILL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING FROM THE FOLLOWING:
      1. SUSPENSION OR LOSS OF YOUR BASIC RIGHTS OR ADDITIONAL RIGHTS;
      2. INTERRUPTION OF YOUR TRIP OR BUSINESS ACTIVITIES;
      3. ACCESS DELAYS OR INTERRUPTIONS TO ANY WEB SITES ACCESSED BY YOU OR BY PERSONS ATTEMPTING TO ACCESS YOUR MYTRIPJOURNAL WEBSITE(tm);
      4. ACCESS NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR MODIFICATION OF DATA;
      5. ACCESS TO A MYTRIPJOURNAL WEBSITE(tm) WHICH YOU HAVE ELECTED TO DESIGNATE AS PRIVATE, IN ANY MANNER BY A PERSON WHO WAS NOT INTENDED TO GAIN ACCESS THERETO.

      WHETHER WITHIN OR BEYOND THE REASONABLE CONTROL OF MYTRIPJOURNAL AND WHETHER OR NOT ATTRIBUTABLE TO THE NEGLIGENCE OF MYTRIPJOURNAL, ITS WHITE-LABEL AFFILIATES AND SUBSEQUENT SERVICE PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS.
    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE FOREGOING SECTIONS MAY NOT APPLY TO YOU.
    4. IN THE EVENT AND TO THE EXTENT THAT THE AFORESAID LIMITATIONS OR EXCLUSIONS OF LIABILITY MAY NOT APPLY, MYTRIPJOURNAL, ITS WHITE-LABEL AFFILIATES AND SUBSEQUENT SERVICE PROVIDERS' MAXIMUM COLLECTIVE LIABILITY SHALL NOT EXCEED THE GREATER OF:
      1. THE TOTAL AMOUNT PAID BY YOU FOR YOUR SUBSCRIPTION TO THE RELEVANT MYTRIPJOURNAL WEBSITE(tm), INCLUDING ANY UPGRADES AND EXTENSIONS THEREOF; AND
      2. US$20.00.

    Indemnity
    1. You agree to indemnify and hold MyTripJournal and its affiliates, White Label Affiliates, Subsequent Service Providers and their respective officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.

    Modifications, limitations on usage and termination of Service
    1. You acknowledge that MyTripJournal may establish general practices and limits concerning use of the Service, and that these practices may vary from time to time without notice being given to users of MyTripJournal Websites(tm). We reserve the right to impose limitations on the numbers of journal text entries posted or the numbers of photos and/or movie clips uploaded to or saved as part of MyTripJournal Premium Websites in the event that we, in our sole and unfettered discretion, determine that such data are not being posted and uploaded in the course of normal use by travelers in the ordinary course of their travels. In particular, and without limiting the generality of the foregoing, you will be considered to be posting journal text entries, uploading photos or movie clips or transmitting data other than in the ordinary course of travels in any of the following circumstances:
      1. In the course of a commercial enterprise; or
      2. If doing so would violate any of the terms hereof.

    2. MyTripJournal, its White Label Affiliates and Subsequent Service Providers reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MyTripJournal, its White Label Affiliates and Subsequent Service Providers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

    3. You agree that any of MyTripJournal, its White Label Affiliates and Subsequent Service Providers, in its sole discretion, may terminate your password, MyTripJournal Website (tm), and your use of the Service, and to remove and discard any Content within the Service, for any reason whatsoever and in their sole and unfettered discretion. MyTripJournal may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice and whether or not your Registration Data and Content are being transitioned or exported to a Subsequent Service Provider. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that MyTripJournal, its White Label Affiliates and Subsequent Service Providers may immediately deactivate or delete your MyTripJournal Website (tm) and all related information and files in your MyTripJournal Website (tm) and account and/or bar any further access to such files or the Service. Further, you agree that MyTripJournal, its White Label Affiliates and Subsequent Service Providers shall not be liable to you or any third-party for any termination of your access to the Service.

    Advertisements, promotions and links
    1. MyTripJournal may run advertisements and promotions through the MyTripJournal System. The manner, mode and extent of advertising by MyTripJournal, its White Label Affiliates and Subsequent Service Providers is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MyTripJournal, its White Label Affiliates and Subsequent Service Providers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the MyTripJournal System.

    2. The Service may include, or third parties may provide, links to other web sites or resources. Because they have no control over such sites and resources, you acknowledge and agree that MyTripJournal, its White Label Affiliates and Subsequent Service Providers are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyTripJournal, its White Label Affiliates and Subsequent Service Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.


    Changes to this Agreement
    1. You acknowledge that the business of MyTripJournal, its White Label Affiliates and Subsequent Service Providers is an evolving one and that any of them, in its sole and unfettered discretion, modify the terms and conditions applicable to the Service, to your Registration Data and to Content, as it considers necessary or advisable from time to time. Your continued use of your MyTripJournal Website(s)(tm) or the residence of your Registration Data or Content on the System, or both, constitute your acceptance of such terms and conditions and all amendments thereto. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your MyTripJournal Website (tm) be discontinued.

    Miscellaneous
    1. This agreement and the relationship between you and MyTripJournal, its White Label Affiliates and Subsequent Service Providers shall be governed by the laws of the Province of British Columbia, Canada. You and MyTripJournal agree to submit to the exclusive jurisdiction of the courts of British Columbia in respect of any matters arising from or relating to this Agreement or a MyTripJournal Website (tm). The failure of MyTripJournal, its White Label Affiliates and Subsequent Service Providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the balance of terms herein contained shall have full force and effect.

    2. The section titles and headings contained in this Agreement are for convenience only and have no legal or contractual effect.

    3. You agree that MyTripJournal may assign its rights and responsibilities relating to you, your Registration Data and Content applicable to you, at any time to any person without obtaining your prior consent. Your subscription for a MyTripJournal Website (tm) and the residence of your Registration Data and your Content on the System, constitutes your acceptance of any such assignment by MyTripJournal and your agreement to deal with all of MyTripJournal's successors and assigns as if they were primary contracting party hereunder.