Holiday Golightly Terms of Use

Effective Date: March 1, 2008

The following are terms of a legal agreement ("Agreement") between you and Holiday Golightly, LLC ("HGL"). By accessing, browsing and/or otherwise using this website (the "Site"), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.

These terms of access apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with HGL for products, software, services or otherwise, unless otherwise expressly indicated. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.

Your use of this Site is also subject to the Holiday Golightly Privacy Policy. Please review the Privacy Policy for information about how HGL collects, uses and discloses personal information.

Ownership and Copyright

Except as may be otherwise indicated, all Site materials, including, without limitation, text, pictures, graphics, sound files and other files and the selection and arrangement thereof ("Content") are proprietary property of HGL or its licensors or users. Permission is granted to display, copy, and download the materials on this Site for personal, noncommercial use only, provided you do not modify or create derivative works of the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of HGL. You may not "mirror" any material contained on this Site on any other server without prior written permission from HGL. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Trademarks

The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered trademarks, in the United States and/or other countries, belonging to HGL or their respective owners. In addition, all page headers, custom graphics, button icons, and scripts are Trademarks of HGL or third parties, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HGL. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of HGL or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of HGL or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is prohibited.

Hyperlinks

You are granted a limited, nonexclusive right to create a "hypertext" link to this Site provided that such link does not portray HGL or any of its products or services in a false, misleading, derogatory or defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any HGL Trademark or other proprietary information including the images found at the Site, the content of any text or the layout or design of any page or any form contained on a page without HGL's express written consent. Links to third-party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. HGL has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. HGL does not endorse or make any representations about third-party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. You acknowledge and agree that HGL 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 the use of or reliance on any third-party sites.

Limited Access

Except as expressly permitted by HGL, any access or attempt to access non-public or registered user areas of the Site or HGL servers for any purposes is prohibited. You agree that you will not (i) use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the pages on the Site or the Content therein without HGL's express written permission, (ii) spam or send unsolicited email to any other user of the Site for any reason, (iii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or (iv) take any action that imposes an unreasonable or disproportionately large load on HGL's infrastructure.

Content; Interactive Areas

The Site may contain discussion forums, review services or other interactive areas in which you or third parties may post reviews of travel experiences or other Content. You are solely responsible for your use of such interactive areas and use them at your own risk.

HGL takes no responsibility for Content provided by you or any third party (including, without limitation, any viruses or other disabling features), nor does HGL have any obligation to monitor such Content. Content submitted by users will be considered non-confidential and HGL is under no obligation to treat such Content as proprietary information. HGL reserves the right at all times to remove, edit or refuse to distribute any Content on the Site.

HGL claims no ownership or control over any Content submitted, posted or displayed by you on or through the Site. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Site and you are responsible for protecting those rights, as appropriate, subject to the following license. By posting or distributing Content to or through the Site, unless HGL indicates otherwise, you grant HGL a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable license to (a) use, reproduce, modify, distribute, publish, create derivative works from and publicly display and perform such Content in any media and (b) to use the name that you submit in connection with such Content.

In addition, by posting or distributing such Content, you represent and warrant that (a) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site and (b) the use and posting or other transmission of such Content does not violate this Agreement, applicable law, or the rights of any person or entity.

By using any interactive areas of this Site, you agree not to post to or display on the Site any of the following:

  • Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening (of violence or otherwise), invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, sexual orientation or gender identity;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or entity, or that would otherwise violate any local, state, national or international law;
  • Private or confidential information of another without the owner's authorization, such as credit card numbers, Social Security Numbers, driver's and other license numbers, addresses, phone numbers, email addresses;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Viruses, corrupted data or other harmful or disruptive code or files; or
  • Content that is unrelated to the topic of the interactive area(s) in which such Content is posted.

Purchase of Travel-Related Goods and Services

Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you may select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier 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. Some third-party providers offering certain services or activities may require you to sign their liability waiver prior to participating in the service or activity. 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, in your forfeiting any monies paid for such reservation(s), and/or in our charging you for any costs we incur as a result of such violation.

Third-Party Advertisements and Promotions

HGL may include advertisements and promotions from third parties on the Site. Your interactions and any transactions with these third parties are solely between you and those third parties. HGL is not responsible or liable for any loss or damage incurred as the result of any such interactions or transactions or as the result of the presence of third-party advertisers on the Site.

Travel Destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk. HGL urges 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.

Seller of Travel

HGL is a registered seller of travel in each of the states listed below:

  • Washington registration number: 602-765-712
  • California registration number: 2091437-40

Copyright Infringement Notices

HGL responds to clear notices of alleged copyright infringement. This section describes the information that should be included in these notices. The form of the notice described below is consistent with the form suggested by the United States Digital Millennium Copyright Act [pdf] (the text of which can be found at the U.S. Copyright Office website, www.copyright.gov).

Regardless of whether HGL may be liable for infringement under applicable law, our response to notices alleging infringement may include removing or disabling access to allegedly infringing material and terminating users. If we remove or disable access in response to a notice, we will make a good-faith attempt to contact the provider of the affected content so that they may make a counter notification. In addition to being forwarded to the person who provided the allegedly infringing content, a copy of the notice may be sent to a third-party and may be published and annotated.

To file a notice of infringement with us, you must provide the notice by fax or regular mail and include the items specified below. You may be held liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material on the Site infringes your copyright, we suggest that you contact an attorney. Your notice must include the following (please use the following format, including section numbers):

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim infringes the copyrighted work identified under #1 above, and information that will allow HGL to locate that material on the Site (such as a link to the material).
  3. Your name, and contact information sufficient to permit HGL to contact you in response to your complaint, preferably including, at a minimum, an email address and telephone number.
  4. Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
  5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
  6. Sign the notice.
  7. Send the notice to the following address:
    Holiday Golightly LLC
    2068 2nd Ave., Suite 501
    Seattle, WA 98121

    OR fax to:
    (877) 475-3763
    Attn: Holiday Golightly DMCA Notices

The provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When HGL receives a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide the notice by fax or regular mail and include the items specified below. You may be held liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. If you are not sure whether material you provided on the Site is not infringing the copyrights of others, we suggest that you contact an attorney. Your notice must include the following (please use the following format, including section numbers):

  1. A clear identification of the material that HGL has removed or to which HGL has disabled access.
  2. Your name, address, and preferably also your telephone number and email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or King County, Washington if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
  4. Sign the notice.
  5. Send the notice to the following address:
    Holiday Golightly LLC
    2068 2nd Ave., Suite 501
    Seattle, WA 98121

    OR fax to:
    (877) 475-3763
    Attn: Holiday Golightly DMCA Notices

Some HGL services do not have account holders or subscribers. For those that do, HGL will, in appropriate circumstances, terminate the accounts of repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact HGL and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

Warranty Disclaimer

This Site, including all services, information, content, materials and functions on the Site, is provided "as is" without warranties of any kind, either express or implied. HGL disclaims all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment or data accuracy. HGL does not and cannot guarantee or warrant that Content or any materials or information available from this Site will be accurate, reliable, current, complete or error-free, or that the Site or its servers are free of viruses or other harmful components.

Limitation of Liability

In no event will HGL, its suppliers or other third parties mentioned at or in this Site be liable under any provision or subject matter of this agreement or under any contract, negligence, strict liability or other legal or equitable theory for (a) any amounts aggregating in excess of the amount paid by you to HGL for any service provided by HGL through this Site in the six month period before the claim arises, or (b) any indirect, special, incidental, or consequential damages, or (c) cost of procurement of substitute goods or services or (d) interruption of use or loss or inaccuracy or corruption of data, whether or not HGL is advised of the possibility of any such loss or damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.

Indemnification

You agree to defend and indemnify HGL, its affiliates and/or their respective suppliers and any of their officers, directors, employees and agents 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 or the documents referenced herein, (b) your violation of any law or the rights of a third party, or (c) your use of this Site.

Contacting us

If you have any questions or concerns about this Agreement, please feel free to contact us any time at by email at support@holidaygolightly.com or at the following mailing address:


Holiday Golightly LLC
2068 2nd Ave., Suite 501
Seattle, WA 98121

Revisions to This Agreement

HGL may revise this Agreement at any time by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then-current terms and conditions.

Applicable Law and Venue; Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to the conflict of laws provisions thereof. Except as may be otherwise specifically set forth herein, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington for any litigation, claim, controversy or dispute arising out of or relating to this Agreement and agree not to commence any litigation arising out of or relating to this Agreement except in such courts.

If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. HGL's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HGL in writing. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. This Agreement may be assigned in whole or in part by HGL. Neither this Agreement nor any rights or obligations under this Agreement may be assigned in any manner by you without the express, prior written permission of HGL, and any purported assignment in violation of this restriction will be void.