By using this site you agree and accept the Holiday Critic Terms of Use and our Privacy Policy. If you do not agree to these Terms & Conditions then you are not authorised to use this website.

Any item submitted to this site immediately become the property of Holiday Critic upon submission. Unauthorised copying is prohibited.

All material on this website is copyright © 2007 Holiday Critic. The name and logo of Holiday Critic are trademarks and any unauthorised use will infringe such trademarks. This website also contains products and services of other companies and will be subject to the relevant owner’s trademarks. All rights reserved.

This agreement covers your access and use of all areas of the Holiday Critic website. In using this website you agree to the Holiday Critic terms and conditions below:

1. TERMS OF ACCEPTANCE

By using the Holiday Critic website you hereby agree to be bound by the terms of this Agreement and any modifications we may make to it from time to time.

2. THE SERVICE

Holiday Critic is a website service (otherwise known as an online application) which enables you to jointly participate with others in reviewing and submitting reviews about holidays and travel related items. Holiday Critic provides this service ‘As-Is’ and accepts no responsibility for services outages, interruptions, unavailability of any feature or service, failure or inability to post material, the deletion of material or the failure to store material already posted. We retain the sole rights to all material posted and the rights to publish it (or not) and the right to remove any material without notice.

3. REGISTRATION

You do NOT have to register to use the Holiday Critic service. There are certain benefits to registration if you choose to do so but this is entirely voluntary.

4. CONTENT

The content on the Holiday Critic service includes but is not exclusive to, directions, pictures, video, audio, data, messages (“The Content") which is posted by our users. You accept and understand that any material posted on this site is the responsibility of the person who posted it or uploaded it. Always use caution and your own common sense when using this website. You are solely responsible for any content that you may post or upload.

Holiday Critic uses your acceptance of these terms as your acknowledgement that Holiday Critic does not control, verify or endorse any content posted to the service or available anywhere on this website. We also make no guarantees to the reliability or otherwise of the legitimacy, accuracy or quality of any content displayed on this website.

You further agree that you will bear all risk of reliance on legitimacy, accuracy or quality of any such content. Holiday Critic will under no circumstances be liable in any way for any content errors or omissions. Further we will not be held responsible for any loss or damage incurred as a result of you choosing to use the Holiday Critic service.

You accept that Holiday Critic does not pre-review or screen content posted by our users. You also agree that Holiday Critic has the right (without obligation) to access and remove, edit or restrict access to any part of the service or content at the sole discretion of Holiday Critic and without notice or compensation.

You also acknowledge (and agree) that Holiday Critic has the right to disclose or preserve any content if it reasonably believes preservation or disclosure is required by law, or if Holiday Critic believes that such preservation or disclosure is reasonably necessary to: (i)Comply with legal process (ii)Enforce this Agreement (iii)Respond to claims that any content breaches the rights of third-parties (iv)Protect the personal safety, rights, or property of Holiday Critic, our users or any other members of the public.

5. LICENSE GRANTED TO HOLIDAY CRITIC

You hereby grant Holiday Critic the worldwide, royalty free and non exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service, for the purposes of displaying such information on the Holiday Critic website or any of the websites owned or operated by us, or for the promotion and marketing of any of our services.

6. USER CONDUCT

You agree NOT to use this service to:

(a) Violate or solicit the violation of any applicable local, state, national or international law;

(b) Infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights

(c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortuous, defamatory, obscene, libellous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and preaching; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses 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; or (7) you do not have a right to upload or post due to contractual or other legal obligation.

(d) Impersonate any person or entity, including, but not limited to, a Holiday Critic official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(e) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(f) Interfere with or disrupt the Service, computer servers or boards accessible through the Service;

(g) Disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.

If you do use the Service to commit any of the above, Holiday Critic may, at its sole discretion terminate your ability to use the Service, and remove and discard any Content within the Service.

7. MEMBER DISPUTES

You are solely responsible for your interactions with other users of the Service. Holiday Critic reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.

8. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE

You agree that Holiday Critic may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that Holiday Critic has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. MODIFICATION AND TERMINATION OF SERVICE

Holiday Critic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Holiday Critic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that Holiday Critic, in its sole discretion, may terminate your ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that Holiday Critic shall not be liable to you or any third-party for any termination of your use or ability to access the Service.

10. OTHER WEB SITES AND RESOURCES

Third parties using the Service may provide links or access to other web sites and resources. Because Holiday Critic has no control over such sites and resources, you acknowledge and agree that Holiday Critic is not responsible for the availability of such sites or resources, and does not endorse and is 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 Holiday Critic 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.

11. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) Your use of the service is at your sole risk, the service is provided on an ‘AS IS’ basis and ‘As Available’ your use of the service is at your sole risk. Holiday Critic expressly disclaims all warranties of any kind, whether expressed or implied, Including but not exclusive nor limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(b) HOLIDAY CRITIC MAKES NO WARRANTY THAT

(c) Any material downloaded or otherwise obtained through the use of the service is obtained and used at your sole risk and discretion and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material.

(d) No advice or information, whether oral or written, obtained by you through or from the service shall create any warranty by Holiday Critic.

13. LIMITATION OF LIABILITY

You expressly understand and agree that Holiday Critic shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damagfes for loss of profits, goodwill, use, data or other intangible losses (even if Holiday Critichas been advised of the possibility of such damages), RESULTING FROM:

14. EXCLUSIONS AND LIMITATIONS

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 sections 12 and 13 may not apply to you.

15. INDEMNITY

You agree to indemnify and hold Holiday Critic, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.

16. NOTICES

Notices to you may be made via either email or regular mail. Holiday Critic may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.

17. LEGAL DISPUTES

This Agreement and your relationship with Holiday Critic shall be governed by the laws of England without regard to its conflict of law provisions. You and Holiday Critic agree to submit to the personal and exclusive jurisdiction of the courts located within England and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. MODIFICATION

We may amend this Agreement at any time. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications.

We reserve the right to change the terms, conditions, and notices under which this Web site is offered.

You are therefore advised to check them each time you visit the site to ensure that you still accept them and are therefore still authorised to use the site.

19. GENERAL

This Agreement constitutes the entire agreement between you and Holidays Critic with respect to the Service and supersedes all prior agreements and understandings between you and Holiday Critic. Any failure by Holiday Critic to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs 13, 12, 12, 14 and 15 of this Agreement shall survive any termination of the Agreement.

This agreement is governed by the laws of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorised 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, employment, or agency relationship exists between you and us as a result of this agreement or use of this Web site.

The operation of this site is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by us with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between you and us with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Web site. 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 documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

20. OFFICIAL LANGUAGE - ENGLISH

This agreement and the Holiday Critic website is developed in English and may be translated into other languages. To the extent of the translation of this agreement or the site is provided, it is afforded as a convenience only. For all purposes, only the English version of this agreement and the English version of the Holiday Critic website shall be official and binding on the parties. Holiday Critic is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read and understand the English text and you agree that you may not rely on translations provided as official documents or representations.

21. PERSONAL AND NON-COMMERCIAL USE LIMITATION

This Web site is for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

22. TRADING NAME

Holiday Critic is a trading name of Complete Critic Ltd. A company registered in England and Wales.


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