Terms Of Service
The following terms and conditions govern
all use of the MetroEuro.Travel website and
all content, services and products available
at or through the website (taken together,
the Website). The Website is owned and
operated by MetroEuro NEWS (“MetroEuro”).
The Website is offered subject to your
acceptance without modification of all of
the terms and conditions contained herein
and all other operating rules, policies
(including, without limitation, MetroEuro
Privacy Policy) and procedures that may be
published from time to time on this Site by
MetroEuro (collectively, the “Agreement”).
Please read this Agreement carefully before
accessing or using the Website. By accessing
or using any part of the web site, you agree
to become bound by the terms and conditions
of this agreement. If you do not agree to
all the terms and conditions of this
agreement, then you may not access the
Website or use any services. If these terms
and conditions are considered an offer by
MetroEuro, acceptance is expressly limited
to these terms. The Website is available
only to individuals who are at least 13
years old.
Your MetroEuro.Travel Account and Site. If
you create a blog/site on the Website, you
are responsible for maintaining the security
of your account and blog, and you are fully
responsible for all activities that occur
under the account and any other actions
taken in connection with the blog. You must
not describe or assign keywords to your blog
in a misleading or unlawful manner,
including in a manner intended to trade on
the name or reputation of others, and
MetroEuro may change or remove any
description or keyword that it considers
inappropriate or unlawful, or otherwise
likely to cause MetroEuro liability. You
must immediately notify MetroEuro of any
unauthorized uses of your blog, your account
or any other breaches of security. MetroEuro
will not be liable for any acts or omissions
by You, including any damages of any kind
incurred as a result of such acts or
omissions.
Responsibility of Contributors. If you
operate a blog, comment on a blog, post
material to the Website, post links on the
Website, or otherwise make (or allow any
third party to make) material available by
means of the Website (any such material,
“Content”), You are entirely responsible for
the content of, and any harm resulting from,
that Content. That is the case regardless of
whether the Content in question constitutes
text, graphics, an audio file, or computer
software. By making Content available, you
represent and warrant that:
the downloading, copying and use of the
Content will not infringe the proprietary
rights, including but not limited to the
copyright, patent, trademark or trade secret
rights, of any third party;
if your employer has rights to intellectual
property you create, you have either (i)
received permission from your employer to
post or make available the Content,
including but not limited to any software,
or (ii) secured from your employer a waiver
as to all rights in or to the Content;
you have fully complied with any third-party
licenses relating to the Content, and have
done all things necessary to successfully
pass through to end users any required
terms;
the Content does not contain or install any
viruses, worms, malware, Trojan horses or
other harmful or destructive content;
the Content is not spam, is not machine- or
randomly-generated, and does not contain
unethical or unwanted commercial content
designed to drive traffic to third party
sites or boost the search engine rankings of
third party sites, or to further unlawful
acts (such as phishing) or mislead
recipients as to the source of the material
(such as spoofing);
the Content is not pornographic, does not
contain threats or incite violence towards
individuals or entities, and does not
violate the privacy or publicity rights of
any third party;
your blog is not getting advertised via
unwanted electronic messages such as spam
links on newsgroups, email lists, other
blogs and web sites, and similar unsolicited
promotional methods;
your blog is not named in a manner that
misleads your readers into thinking that you
are another person or company. For example,
your blog’s URL or name is not the name of a
person other than yourself or company other
than your own; and
you have, in the case of Content that
includes computer code, accurately
categorized and/or described the type,
nature, uses and effects of the materials,
whether requested to do so by MetroEuro or
otherwise.
By submitting Content to MetroEuro for
inclusion on your Website, you grant
MetroEuro a world-wide, royalty-free, and
non-exclusive license to reproduce, modify,
adapt and publish the Content solely for the
purpose of displaying, distributing and
promoting your blog. If you delete Content,
MetroEuro will use reasonable efforts to
remove it from the Website, but you
acknowledge that caching or references to
the Content may not be made immediately
unavailable.
Without limiting any of those
representations or warranties, MetroEuro has
the right (though not the obligation) to, in
MetroEuro sole discretion (i) refuse or
remove any content that, in MetroEuro
reasonable opinion, violates any MetroEuro
policy or is in any way harmful or
objectionable, or (ii) terminate or deny
access to and use of the Website to any
individual or entity for any reason, in
MetroEuro sole discretion. MetroEuro will
have no obligation to provide a refund of
any amounts previously paid.
Payment and Renewal.
General Terms.
By selecting a product or service, you agree
to pay MetroEuro the one-time and/or monthly
or annual subscription fees indicated
(additional payment terms may be included in
other communications). Subscription payments
will be charged on a pre-pay basis on the
day you sign up for an Upgrade and will
cover the use of that service for a monthly
or annual subscription period as indicated.
Payments are not refundable.
Automatic Renewal.
Unless you notify MetroEuro before the end
of the applicable subscription period that
you want to cancel a subscription, your
subscription will automatically renew and
you authorize us to collect the
then-applicable annual or monthly
subscription fee for such subscription (as
well as any taxes) using any credit card or
other payment mechanism we have on record
for you. Upgrades can be canceled at any
time by submitting your request to MetroEuro
in writing.
Services.
Fees; Payment. By signing up for a Services
account you agree to pay MetroEuro the
applicable setup fees and recurring fees.
Applicable fees will be invoiced starting
from the day your services are established
and in advance of using such services.
MetroEuro reserves the right to change the
payment terms and fees upon thirty (30) days
prior written notice to you. Services can be
canceled by you at anytime on thirty (30)
days written notice to MetroEuro.
Support. If your service includes access to
priority email support. “Email support”
means the ability to make requests for
technical support assistance by email at any
time (with reasonable efforts by MetroEuro
to respond within one business day)
concerning the use of the VIP Services.
“Priority” means that support takes priority
over support for users of the standard or
free MetroEuro.Travel services. All support
will be provided in accordance with
MetroEuro standard services practices,
procedures and policies.
Responsibility of Website Visitors.
MetroEuro has not reviewed, and cannot
review, all of the material, including
computer software, posted to the Website,
and cannot therefore be responsible for that
material’s content, use or effects. By
operating the Website, MetroEuro does not
represent or imply that it endorses the
material there posted, or that it believes
such material to be accurate, useful or
non-harmful. You are responsible for taking
precautions as necessary to protect yourself
and your computer systems from viruses,
worms, Trojan horses, and other harmful or
destructive content. The Website may contain
content that is offensive, indecent, or
otherwise objectionable, as well as content
containing technical inaccuracies,
typographical mistakes, and other errors.
The Website may also contain material that
violates the privacy or publicity rights, or
infringes the intellectual property and
other proprietary rights, of third parties,
or the downloading, copying or use of which
is subject to additional terms and
conditions, stated or unstated. MetroEuro
disclaims any responsibility for any harm
resulting from the use by visitors of the
Website, or from any downloading by those
visitors of content there posted.
Content Posted on Other Websites. We have
not reviewed, and cannot review, all of the
material, including computer software, made
available through the websites and webpages
to which MetroEuro.Travel links, and that
link to MetroEuro.Travel. MetroEuro does not
have any control over those non-MetroEuro
websites and webpages, and is not
responsible for their contents or their use.
By linking to a non-MetroEuro website or
webpage, MetroEuro does not represent or
imply that it endorses such website or
webpage. You are responsible for taking
precautions as necessary to protect yourself
and your computer systems from viruses,
worms, Trojan horses, and other harmful or
destructive content. MetroEuro disclaims any
responsibility for any harm resulting from
your use of non-MetroEuro websites and
webpages.
Copyright Infringement and DMCA Policy. As
MetroEuro asks others to respect its
intellectual property rights, it respects
the intellectual property rights of others.
If you believe that material located on or
linked to by MetroEuro.Travel violates your
copyright, you are encouraged to notify
MetroEuro in accordance with MetroEuro
Digital Millennium Copyright Act (“DMCA”)
Policy. MetroEuro will respond to all such
notices, including as required or
appropriate by removing the infringing
material or disabling all links to the
infringing material. MetroEuro will
terminate a visitor’s access to and use of
the Website if, under appropriate
circumstances, the visitor is determined to
be a repeat infringer of the copyrights or
other intellectual property rights of
MetroEuro or others. In the case of such
termination, MetroEuro will have no
obligation to provide a refund of any
amounts previously paid to MetroEuro.
Intellectual Property. This Agreement does
not transfer from MetroEuro to you any
MetroEuro or third party intellectual
property, and all right, title and interest
in and to such property will remain (as
between the parties) solely with MetroEuro.
MetroEuro, MetroEuro.Travel, the
MetroEuro.Travel logo, and all other
trademarks, service marks, graphics and
logos used in connection with
MetroEuro.Travel, or the Website are
trademarks or registered trademarks of
MetroEuro or MetroEuro licensors. Other
trademarks, service marks, graphics and
logos used in connection with the Website
may be the trademarks of other third
parties. Your use of the Website grants you
no right or license to reproduce or
otherwise use any MetroEuro or third-party
trademarks.
Advertisements. MetroEuro reserves the right
to display advertisements on your blog
unless you have purchased an ad-free
account.
Attribution. MetroEuro reserves the right to
display attribution links such as ‘Blog at
MetroEuro.Travel,’ theme author, and font
attribution in your blog footer or toolbar.
Partner Products. By activating a partner
product (e.g. theme) from one of our
partners, you agree to that partner’s terms
of service. You can opt out of their terms
of service at any time by de-activating the
partner product.
Domain Names. If you are registering a
domain name, using or transferring a
previously registered domain name, you
acknowledge and agree that use of the domain
name is also subject to the policies of the
Internet Corporation for Assigned Names and
Numbers (“ICANN”), including their
Registration Rights and Responsibilities.
Changes. MetroEuro reserves the right, at
its sole discretion, to modify or replace
any part of this Agreement. It is your
responsibility to check this Agreement
periodically for changes. Your continued use
of or access to the Website following the
posting of any changes to this Agreement
constitutes acceptance of those changes.
MetroEuro may also, in the future, offer new
services and/or features through the Website
(including, the release of new tools and
resources). Such new features and/or
services shall be subject to the terms and
conditions of this Agreement.
Termination. MetroEuro may terminate your
access to all or any part of the Website at
any time, with or without cause, with or
without notice, effective immediately. If
you wish to terminate this Agreement or your
MetroEuro.Travel account (if you have one),
you may simply discontinue using the
Website. Notwithstanding the foregoing, if
you have a paid services account, such
account can only be terminated by MetroEuro
if you materially breach this Agreement and
fail to cure such breach within thirty (30)
days from MetroEuro notice to you thereof;
provided that, MetroEuro can terminate the
Website immediately as part of a general
shut down of our service. All provisions of
this Agreement which by their nature should
survive termination shall survive
termination, including, without limitation,
ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
Disclaimer of Warranties. The Website is
provided “as is”. MetroEuro and its
suppliers and licensors hereby disclaim all
warranties of any kind, express or implied,
including, without limitation, the
warranties of merchantability, fitness for a
particular purpose and non-infringement.
Neither MetroEuro nor its suppliers and
licensors, makes any warranty that the
Website will be error free or that access
thereto will be continuous or uninterrupted.
You understand that you download from, or
otherwise obtain content or services
through, the Website at your own discretion
and risk.
Limitation of Liability. In no event will
MetroEuro, or its suppliers or licensors, be
liable with respect to any subject matter of
this agreement under any contract,
negligence, strict liability or other legal
or equitable theory for: (i) any special,
incidental or consequential damages; (ii)
the cost of procurement for substitute
products or services; (iii) for interruption
of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees
paid by you to MetroEuro under this
agreement during the twelve (12) month
period prior to the cause of action.
MetroEuro shall have no liability for any
failure or delay due to matters beyond their
reasonable control. The foregoing shall not
apply to the extent prohibited by applicable
law.
General Representation and Warranty. You
represent and warrant that (i) your use of
the Website will be in strict accordance
with the MetroEuro Privacy Policy, with this
Agreement and with all applicable laws and
regulations (including without limitation
any local laws or regulations in your
country, state, city, or other governmental
area, regarding online conduct and
acceptable content, and including all
applicable laws regarding the transmission
of technical data exported from the United
States or the country in which you reside)
and (ii) your use of the Website will not
infringe or misappropriate the intellectual
property rights of any third party.
Indemnification. You agree to indemnify and
hold harmless MetroEuro, its contractors,
and its licensors, and their respective
directors, officers, employees and agents
from and against any and all claims and
expenses, including attorneys’ fees, arising
out of your use of the Website, including
but not limited to your violation of this
Agreement.
Miscellaneous. This Agreement constitutes
the entire agreement between MetroEuro and
you concerning the subject matter hereof,
and they may only be modified by a written
amendment signed by an authorized executive
of MetroEuro, or by the posting by MetroEuro
of a revised version. Except to the extent
applicable law, if any, provides otherwise,
this Agreement, any access to or use of the
Website will be governed by the laws of the
Pristina,Kosovo, excluding its conflict of
law provisions, and the proper venue for any
disputes arising out of or relating to any
of the same will be the state and federal
courts located in Kosovo. Except for claims
for injunctive or equitable relief or claims
regarding intellectual property rights
(which may be brought in any competent court
without the posting of a bond), any dispute
arising under this Agreement shall be
finally settled in accordance with the
Comprehensive Arbitration Rules of the
Judicial Arbitration and Mediation Service,
Inc. (“JAMS”) by three arbitrators appointed
in accordance with such Rules. The
arbitration shall take place in , in the
English language and the arbitral decision
may be enforced in any court. The prevailing
party in any action or proceeding to enforce
this Agreement shall be entitled to costs
and attorneys’ fees. If any part of this
Agreement is held invalid or unenforceable,
that part will be connued to reflect the
parties’ original intent, and the remaining
portions will remain in full force and
effect. A waiver by either party of any term
or condition of this Agreement or any breach
thereof, in any one instance, will not waive
such term or condition or any subsequent
breach thereof. You may assign your rights
under this Agreement to any party that
consents to, and agrees to be bound by, its
terms and conditions; MetroEuro may assign
its rights under this Agreement without
condition. This Agreement will be binding
upon and will inure to the benefit of the
parties, their successors and permitted
assigns
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