Travelstar
Terms & Conditions


Terms & Conditions

Travelstar.com is operated by Travelstar, Inc. ("Travelstar"). This Terms of Use Agreement (the "Agreement") sets forth the legally binding terms for your use of the Travelstar.com website (the "Website") and membership ("Membership") in the Travelstar service (the "Service"). If you wish to become a member of the Service (a "Member") and communicate with other Members and make use of the Service, please read this Agreement and indicate your acceptance to the terms and conditions herein by following the instructions on the registration page. Notwithstanding whether you become a Member, your use of the Website and/or the Service is expressly conditioned on your acceptance of the terms and conditions in this Agreement. Accordingly, regardless of whether you become a Member, by using the Website and/or the Service, you agree to the terms and conditions herein just as if you had signed this Agreement. If you do not agree with any part of these terms and conditions you must not use the Website and the Service.

This Agreement may be modified by Travelstar at any time without prior notice. Any modifications of this Agreement will be effective immediately upon Travelstar's posting thereof on the Website. Your continued use of the Website and/or the Service constitutes your acceptance of any modifications or amendments to this Agreement. If at any time you do not agree to any modification or amendment to this Agreement, you agree that your sole remedy is to discontinue using the Website and the Service and to request that your Membership be discontinued. This Agreement includes, among other things, Travelstar's Privacy Policy and any notices regarding the Website and/or the Service.

1. ELIGIBILITY. You must be eighteen (18) or over to register as a Member and/or use the Website and/or the Service. Membership in the Service is void where prohibited. By using the Website and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions herein. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your Membership may be terminated without warning and you may be barred from any future use of the Website and/or the Service if you provide any information that is untrue, inaccurate, not current, or incomplete, including but not limited to misrepresenting your age, or if Travelstar has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Your Membership is solely for your personal use, and you agree not to authorize others to use your Membership account, including but not limited to your profile. You are solely responsible for all content published or displayed through your Membership account, including but not limited to e-mail messages, and for your interactions with other Members. Travelstar reserves the right to refuse or revoke Membership to anyone at any time for any reason.

2. TERM. This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Account Settings page of the Website. You acknowledge that Travelstar reserves the right, in its sole discretion, to restrict, suspend, or terminate your Membership or deny you access to all or any part of the Website and/or the Service at any time, for any or no reason, including but not limited to your violation of any provision of this Agreement. You agree that termination of your Membership or restriction on access to the Service, including but not limited to the discontinuance of providing the Service, may be effected without prior notice, and acknowledge and agree that upon termination of your Membership or restriction on access to the Service, Travelstar may immediately deactivate and delete all related content, information and files, including but not limited to your photographs, Trip Flicks, Trip Albums, Trip Blogs, Reviews, Profile, Trip Forum posts, Rants and Raves, e-mail messages, and comments associated with your Membership, and bar any further access by you to such files and/or the Service. Travelstar is not obliged to preserve, keep, or maintain back-up copies of any material submitted or posted on the Website and/or through the Service. You agree that Travelstar shall not be liable to you or any third party for termination of your Membership, denial of access to the Service, discontinuance of providing the Service, or deletion of your content, information, and files. The Service is currently available to you free of charge. By using the Service and by becoming a Member, you acknowledge, however, that Travelstar reserves the right to charge for the Service or any part thereof and has the right to terminate your Membership should you fail to pay for the Service. If Travelstar terminates your Membership, you will not be entitled to any refund of unused subscription fees, if any. Even after your Membership is terminated, this Agreement shall remain in full force and effect.

3. NON-COMMERCIAL USE ONLY. The Website and/or the Service is for the personal use of Members only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed and/or approved in writing by the management of Travelstar. Organizations, companies, and/or businesses may not become Members and should not use the Website and/or the Service for any purpose.

4. PROPRIETARY RIGHTS. You understand and agree that Travelstar owns and retains all proprietary rights in the Website and the Service. The Website and the Service contain copyrighted material (including but not limited to graphic designs, source code, member-created content, and compilations of individual data), trademarks, trade dress, and other proprietary information of Travelstar (collectively, "Proprietary Information"). Except for that information which is in the public domain or licensed by you to Travelstar (as set forth below and for which you have legal authority to license) or for which you have been given written permission by the management of Travelstar, you may not copy, modify, publish, transmit, distribute, publicly perform, display, reverse engineer, create derivate works of, sell, or otherwise exploit any Proprietary Information. In addition, you may not attempt to discover any source code used in connection with the Website and/or the Service. By agreeing to the terms herein, Travelstar grants you a limited, non-transferable, revocable, and non-exclusive license to reproduce and display the interface of the Website and/or the Service and content posted thereon (excluding any source code) solely for your personal use in connection with viewing the Website and using the Service.

5. CONTENT POSTED ON WEBSITE.
a. You understand and agree that Travelstar may review, modify, or delete, without notice, any data, text, software, music, sound, message, photograph, graphic, image, video, profile, forum post, blog, review, information, Tripvite, comment, work of authorship, or other material or expression (collectively, "Content"), whether posted publicly or posted privately to other Members, that in the sole judgment of Travelstar violates this Agreement or which might be offensive, indecent, or illegal, or which might harm, violate the rights, or threaten the safety of any person. Travelstar is the final arbiter of what IS and IS NOT allowed on the Website.

b. You are solely responsible for the Content that you publish, transmit, upload, communicate, or display (collectively, "post") on the Website and/or through the Service, whether posted publicly or posted privately to other Members. You understand that Travelstar has no obligation to monitor the Website, or monitor, control or edit the Content thereon, or monitor any use of the Service by Members, or remove inappropriate Content. Travelstar is not responsible in any way for the Content posted by Members on any area of the Website, including but not limited to Profiles, Tripvites, Trip Forums, Reviews, Trip Blogs, Trip Albums, Trip Flicks, and Messages, or otherwise posted through the Service. By posting Content on the Website and/or through the Service, you agree to bear all risks associated with the accuracy and completeness of such Content.

c. If you post Content to any public area of Travelstar, you automatically grant to Travelstar an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to use, reproduce, publicly perform, display, modify, adapt, distribute, access, view, store, prepare derivative works of, incorporate into other works, and/or otherwise exploit such Content, or any part thereof, including but not limited to any copyrighted material, and your name, image, and likeness, for any purpose and in any form, media, or technology now known or later developed, including but not limited to featuring such Content, name, image, or likeness on Travelstar's homepage (www.travelstar.com) or any other page of the Website, or in any marketing, promotional materials or advertisements for Travelstar, and to grant and authorize sublicenses of the foregoing (the "License"). You further agree to permit anyone to access, display, view, store and reproduce such Content for personal use. By posting any information about or photographs or images of yourself on the Website and/or through the Service, you thereby waive any rights of privacy or publicity to such information, photographs, or images.

d. You further represent and warrant that:

(1) You exclusively and irrevocably own the Content posted by you on the Website and/or through the Service or otherwise have the right to grant the License set forth in this section;

(2) any Content posted by you on the Website and/or through the Service does not violate or infringe the privacy rights, publicity rights, copyrights, trademarks, trade secrets, patents, moral rights or other intellectual property, contract, or proprietary rights of any person or entity. You agree to pay all royalties, fees, and other monies owing to any person or entity by reason of any Content that you post on the Website and/or through the Service.

e. The following is a partial list of the kind of Content that you are prohibited from posting on the Website and/or through the Service. Travelstar reserves the right to investigate and take appropriate legal action against anyone who, in Travelstar's sole discretion, violates this provision, including but not limited to removing the offending Content from the Website and terminating the Membership of such violators. Prohibited Content includes but is not limited to Content that, in Travelstar's sole discretion:

(1) is patently offensive to the online community, including but not limited to Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or cruelty to animals;

(2) is vulgar, profane, abusive or indecent;

(3) contains nudity, violence, or offensive subject matter;

(4) exploits people in a sexual or violent manner;

(5) threatens, harasses, or advocates harassment of another person;

(6) invades another person's privacy;

(7) violates or infringes the rights of others, including but not limited to Content that is protected by contract, rights of publicity, or intellectual property laws, such as copyright, trademark, trade secret, and patent laws, without first obtaining permission from the owner or rights holder;

(8) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, "spimming," or "spamming;"

(9) is false, misleading, disparaging, or defamatory, or promotes illegal activities or conduct that is abusive, threatening, obscene, disparaging, or defamatory;

(10) promotes illegal or unauthorized copying of another person's or entity's copyrighted work, including but not limited to providing pirated computer programs or links thereto, providing information to circumvent manufacture-installed copy-protect devices or digital rights management software, or providing pirated music or videos or links thereto;

(11) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page of the Website);

(12) exploits people under the age of eighteen (18) in a sexual, violent, or otherwise objectionable manner, or solicits personal information from anyone under the age of eighteen (18);

(13) involves pornographic or sexually explicit material of any kind, including but not limited to sexually suggestive imagery or language;

(14) promotes, furthers, or provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(15) solicits passwords or personally identifying information from other Members for commercial or unlawful purposes;

(16) involves commercial activities, including but not limited to sales, contests, raffles, sweepstakes, barter, advertising, and pyramid schemes, without the prior written consent of Travelstar management;

(17) contains a personal telephone number, address, e-mail address, or URL;

(18) contains a person's last name;

(19) violates any applicable local, state, federal or international law or regulation.

Notwithstanding the prohibition on the Content listed above, you might become exposed to such information or material, in which event, you agree to hold harmless and covenant not to sue Travelstar for any such exposure and any injuries based thereon.

f. You may restrict access to certain Content created by you to your tripmates' eyes only by changing your Account Settings or choosing the privacy options on the Website. However, any unrestricted Content is accessible to the general public. In addition, although Travelstar makes reasonable efforts to maintain the security of any Content that you elect to restrict to your tripmates' eyes only, you understand that the internet is never 100% secure and any Content you post, whether restricted or unrestricted, is vulnerable to being accessed by unintended persons. Therefore, you agree to exercise caution not to post Content on the Website and/or through the Service that is of so personal or sensitive a nature that, if accessed by unintended persons, would cause you harm, loss or damage.

g. Travelstar reserves the right to disclose any Content posted on the Website and/or through the Service as necessary to satisfy any applicable law, regulation, legal process or governmental request.

h. Travelstar uses the VideoEgg Publisher (the "Publisher"), Video Player (the "Player"), and Content Delivery Network (the "CDN") to provide its Trip Flicks video feature on the Website and as part of the Service. Accordingly, your use of the Website and/or the Service, thereby constitutes your agreement to the following terms and conditions:

(1) by uploading Content to the CDN, You are directing and authorizing VideoEgg to, and granting VideoEgg and its contractors a royalty-free, perpetual, non-exclusive right and license to, host, cache, route, transmit, store, copy, distribute, perform, display, reformat, excerpt, analyze, and create algorithms based on the Content in order to (a) host the Content on the CDN servers and on other computers within the CDN, (b) index the Content; (c) display, perform and distribute the Content through the CDN; and (d) to distribute copies of the Content to Travelstar through whom You uploaded the Content to the CDN.

(2) VideoEgg is not responsible for any loss, theft or damage of any kind to the Content.

(3) You further represent and covenant that:

(a) the upload, public display, public performance, distribution and reproduction of the Content on the CDN does not and will not violate any applicable law, statute, ordinance or regulation, or breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories;

(b) the Content is not, in whole or in part, pornographic or obscene.

(4) VideoEgg shall have the right, as per 512 of the Digital Millennium Copyright Act of 1998 (the "DMCA"), 17 U.S.C. 512 et seq., with appropriate notice to remove, take down or otherwise disable Content that is claimed to be infringing, irrespective of whether Content is ultimately determined to be infringing, and that VideoEgg shall be in compliance with 512(c)(2) of the DMCA by sending written notice to a user's last known email and/or U.S. mailing address (or in care of the Site through which User uploaded the Content to the CDN) detailing the alleged infringement.

(5) Your act of installing the Publisher and uploading Content to the CDN indicates your agreement with VideoEgg's privacy policy located at http://www.videoegg.com/privacy. In accordance with the privacy policy, VideoEgg may use information that You provide to VideoEgg (or your information that Travelstar provides to VideoEgg) in accordance with the privacy policy.

(6) VideoEgg's sole obligation with respect to uploaded Content in the event of its discontinuation of the CDN shall be to make commercially reasonable efforts to transfer copies of all uploaded Content to Travelstar through whom You obtained the Publisher and uploaded Content to CDN.

(7) You expressly understands and agree that VideoEgg and its licensors 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, loss of reported earnings, data or other intangible losses (even if VideoEgg or its licensors have been advised of the possibility of such damages), however and whenever arising, and regardless of the theory of liability, including without limitation any such damages relating to (a) the use or the inability to access or use the publisher, the player, the CDN, any third-party component or any Content; (b) 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 publisher, the player, the CDN, any Content or any third-party component; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party; or (e) any other matter relating to the publisher, the player, the CDN, any Content and any third-party component.

(8) VideoEgg is an express third party beneficiary to the terms and conditions entered into by You with Travelstar.

(9) You further agree that You shall not:

(a) modify or alter the Publisher or the Player;

(b) remove any titles, trademarks, copyright and other notices or any information included by VideoEgg in the Publisher and the Player from any copy of the Publisher and the Player;

(c) copy or distribute the Publisher or the Player;

(d) use any version of the Publisher and the Player other than the most recent version provided to Travelstar by VideoEgg;

(e) modify, alter, remove, obstruct or otherwise interfere with any advertising or other information provided by VideoEgg in connection with the Publisher, the Player, the CDN or any Content;

(f) use any media player to play back any Content made available through the CDN other than the Player.

(10) You agree that VideoEgg may place, enable and otherwise cause to be displayed advertisements and/or communications from VideoEgg and its advertisers in, through or in connection with the Publisher, the Player, the CDN and any Content, including but not limited to videos uploaded by You. The selection, placement and timing of such advertisements and/or communications shall be determined by VideoEgg in its sole discretion. Comments and requests relating to such advertisements and communications may be made to VideoEgg at [adfeedback@videoegg.com]. VideoEgg may provide, or third parties may provide, links to other websites or resources. VideoEgg has no control over such sites and resources. Therefore, You acknowledge and agree that VideoEgg is not responsible for the availability of such external websites 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 websites or resources. In addition, You acknowledge and agree that VideoEgg shall have no responsibility or liability whatsoever 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 website or resource. All correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Publisher, the Player, the CDN and any Content, 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.

6. PROHIBITED ACTIVITIES.
a. You may only use the Website and/or the Service for legitimate purposes for which the Website and/or the Service is available, and shall not use the Website and/or the Service for any other purposes. You must use the Website and/or the Service in a manner consistent with any and all applicable laws and regulations. In addition, Travelstar prohibits activities that may harm the Website, the Service, Members, or other persons or property. Travelstar reserves the right to investigate and take appropriate legal action, including but not limited to contacting law enforcement authorities and seeking remedies at law and equity, against anyone who, in Travelstar's sole discretion, makes illegal or unauthorized use of the Website and/or the Service. Prohibited activity includes but is not limited to:

(1) criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, prostitution, gambling, harassment, stalking, spamming, spimming, distributing viruses or other harmful files, copyright infringement, patent infringement, trademark infringement, misappropriation of trade secrets, or invading another's privacy;

(2) using the Website and/or the Service to engage in advertising to, or solicitation of, other Members to buy, sell, test, or view any product or service without the prior written consent of Travelstar management. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Membership privileges. In addition, Travelstar does not authorize any Content found on the Website to be transferred or copied from the Website for use with any other product or service;

(3) using the Website and/or the Service to collect names and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to a website. Although Travelstar cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Website and/or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell any product or service to any Member without their prior explicit consent. In order to protect Members from such advertising or solicitation, Travelstar reserves the right to restrict the number of e-mail messages that a Member may send to other Members in any 24-hour period to a number which Travelstar deems appropriate in its sole discretion;

(4) covering or obscuring banner or other advertisements on any page of the Website via HTML/CSS or any other means;

(5) automated use of the Service or its systems, such as using scripts to add tripmates;

(6) interfering with, disrupting, or creating an undue burden on the Website and/or the Service and/or the networks connected thereto, including but not limited to posting or otherwise transmitting any material that contains software viruses, trojans, bots, worms, scripts, scrolling, or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website and/or the Service and/or software or hardware used in connection therewith;

(7) attempting to impersonate another person or a Travelstar employee;

(8) attempting to probe, scan, or test the vulnerability of the Website and/or the Service and/or the networks connected thereto;

(9) attempting to modify, reverse-engineer, decompile, or disassemble the Website and/or the Service and/or the source code associated therewith;

(10) using the Membership account or password of another Member, accessing Content not intended for you, disclosing your password to any third party, or permitting any third party to access your Membership account. You are solely responsible for maintaining the confidentiality of your password. You agree to notify Travelstar immediately if you suspect any unauthorized use of your Membership account or access to your password;

(11) selling or otherwise transferring your profile;

(12) using any robot, spider, or other automated device, or a program, algorithm, or methodology having similar processes or functionality, or any manual process to monitor or copy any information, data, or Content from the Website and/or the Service;

(13) using the Website and/or the Service to collect personally identifying information about Members;

(14) accessing the Service by any means other than through the interface that is provided by Travelstar or otherwise breaching Travelstar's security or authentication measures;

(15) using the interface provided by Travelstar to invite people with whom you do not have a personal relationship to join the Service.

7. COPYRIGHT POLICY. You may not post, display, publicly perform, distribute, sell, reproduce, create derivative works of, or otherwise exploit in any way any copyrighted material information found on the Website and/or through the Service without obtaining the prior written consent of the owner or holder of such rights. Travelstar reserves the right, but not the obligation, to terminate your Membership if it determines in its sole discretion that you are involved in infringing activity, including but not limited to alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide Travelstar's Copyright Agent with the following information pursuant to the Digital Millennium Copyright Act of 1998 (17 U.S.C. section 512): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Travelstar's Copyright Agent for notice of claims of copyright infringement can be reached as follows: e-mail: copyright@travelstar.com. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

8. MONITORING. Travelstar reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates the terms and conditions herein, including but not limited to removing any offending Content from the Website and terminating the Membership of such violators without notice. Accordingly, you agree that Travelstar will have the right to access your Membership account and Content at any time, without advance notice, to investigate a violation of this Agreement or other misuse of the Website and/or the Service. You acknowledge and agree that Travelstar reserves the right to, and may from time to time, monitor any and all information posted on the Website and/or through the Service, including but not limited to e-mail messages and Content restricted to your tripmates' eyes only, for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with Travelstar's Privacy Policy.

9. MEMBER DISPUTES. You are solely responsible for your interactions with other Travelstar Members. Travelstar reserves the right, but has no obligation, to monitor disputes between you and other Members and take appropriate action if Travelstar, in its sole discretion, finds any violation of this Agreement or other improper conduct.

10. PRIVACY. All information gathered from you in connection with your use of the Website and/or the Service will be governed by Travelstar's Privacy Policy. You acknowledge that you have read Travelstar's Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such Privacy Policy are reasonable. You consent to Travelstar's use of your personal information in accordance with and for the purposes set forth in Travelstar's Privacy Policy.

11. DISCLAIMERS.
a. The Website and the Service are provided on an "AS IS" and "AS AVAILABLE" basis. Travelstar expressly disclaims any warranty of any kind, whether express or implied, including but not limited to warranties of merchantability, of fitness for a particular purpose, or of non-infringement. Travelstar cannot guarantee and does not promise any specific results from use of the Website and/or the Service. Travelstar makes no guarantee that the Website and/or the Service will be timely, secure, or error-free. The Website and/or the Service may be temporarily or indefinitely unavailable for maintenance or other reasons. Travelstar makes no guarantee of availability of the Website and/or the Service and reserves the right to modify, withdraw, suspend or discontinue providing any or all functionality or features of the Website and/or the Service without notice at any time. No advice or information, whether oral or written, obtained by you from the Website or through the Service or from any Member shall create any warranty not expressly stated herein.

b. The Website contains opinions, recommendations, statements, and information provided by third parties, including but not limited to Content posted by other Members. Travelstar does not represent, endorse, verify, or guarantee the truthfulness, accuracy, completeness, integrity, quality, or reliability of any such Content posted by such third parties, or vouch for any opinions or recommendations expressed by such third parties. The opinions and views expressed by such third parties do not necessarily represent those of Travelstar. Accordingly, Travelstar is not responsible for any incorrect or inaccurate Content posted on the Website and/or through the Service, whether caused by Travelstar, any visitor of the Website (a "Visitor"), any Member, or by any of the equipment or programming associated with or utilized in connection with the Website and/or the Service. You understand and agree that you use Content or other information obtained from the Website and/or through the Service at your own discretion and risk. Any reliance by you on Content or other information posted by Members or other third parties on the Website and/or through the Service will be at your own risk.

c. Under no circumstances will Travelstar be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone's use of the Website and/or the Service, any Content posted on the Website and/or through the Service, or any interactions between Members or Visitors, whether online or offline. Travelstar is not responsible for the conduct, whether online or offline, of any Member or Visitor.

d. Travelstar assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Visitor or Member communications. Travelstar is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of e-mail on account of technical problems or traffic congestion on the internet, the Website, a third party's website, or a combination thereof, including but not limited to injury or damage to a Visitor's or a Member's or any other person's computer equipment related to or resulting from participating in or downloading materials in connection with the internet, the Website, the Service, or a third party's website.

e. The Website and/or the Service may contain advertisements of and links to external websites operated by parties other than Travelstar. Such advertisements and links are provided for your reference only. Travelstar does not control such websites and is not responsible for their contents. Travelstar's display of advertisements for or inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Accordingly, you agree that Travelstar does not endorse those advertisements or websites, is not responsible for their availability or accuracy, or for their content, advertising, products, services or other resources. You further agree that Travelstar will not be liable or responsible, directly or indirectly, for any loss suffered or alleged to be suffered in connection with your use of or reliance upon such content, advertising, products, services or other resources made available by such advertisements or websites. Your business dealings with, or participation in promotions of, advertisers found on the Website and/or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers.

f. You understand and agree that web storage or space provide by Travelstar to its Members is intended solely for the presentation of travel-related Content authorized under this Agreement. Photographs, videos, and other Content posted by you on the Website and/or through the Service are saved for the purpose of display on the Website and not for storage or other purposes. You understand and agree that Travelstar is not responsible for and assumes no liability for preserving, maintaining, or continuing to offer access to any photograph, video, Trip Album, Trip Blog, Review, e-mail message, comment, Trip Forum posting, Profile, or other Content posted by you on the Website and/or through the Service.

12. LIMITATION ON LIABILITY. IN NO EVENT SHALL Travelstar BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE WEBSITE AND/OR THE SERVICE, EVEN IF Travelstar HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Travelstar IS NOT LIABILE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, INCLUDING BUT NOT LIMITED TO: (I) YOUR INABILITY TO USE THE WEBSITE AND/OR THE SERVICE OR ACCESS CONTENT THEREON; (II) REMOVAL OF, ALTERATION OF, DELETION OF, UNAUTHORIZED ACCESS TO, OR THEFT OF YOUR E-MAIL MESSAGES, CONTENT, OR OTHER INFORMATION; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY POSTED OR OTHERWISE EXPRESSED ON THE WEBSITE AND/OR THROUGH THE SERVICE; (IV) ACCESS DELAYS TO, INTERRUPTIONS TO, SUSPENSION OF, OR TERMINATION OF THE WEBSITE AND/OR THE SERVICE; (V) NON-DELIVERY, MISDELIVERY, OR CORRUPTION OF E-MAIL MESSAGES OR CONTENT; (VI) PERSONAL INJURY; OR (VII) PROPERTY DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Travelstar'S LIABILTY TO YOU, IF ANY, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Travelstar FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.

13. INDEMNITY. You agree to indemnify and hold Travelstar, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees and costs, relating to or arising out of your use of the Website and/or the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein, including but not limited to your posting of Content or other material that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property rights of any person or entity, or that defames any person, or violates their rights of privacy or publicity, or disparages any entity. By consenting to this Agreement, you willingly and voluntarily agree to unconditionally waive California Civil Code section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

14. MANDATORY FORUM SELECTION AND CHOICE OF LAW. If there is any dispute about or in any way involving the Website and/or the Service, you unconditionally agree that such dispute shall be governed exclusively by the laws of the State of California without regard to the conflict of law provisions thereof. You also agree to submit to the personal jurisdiction of the State of California. Venue for any and all disputes shall be exclusively in the state and federal courts of the State of California, City of Los Angeles. In the event any dispute is brought outside of the State of California, you agree to pay all costs and attorneys fees associated with the enforcement of this clause, irrespective of the ultimate resolution of the dispute.

15. AGENCY. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Travelstar and any Member or Visitor.

16. U.S. EXPORT CONTROLS. Software from the Website (the "Software") is subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. By using the Software, you represent and warrant that you are not in violation of any such law.

17. INTEGRATION. This Agreement contains the entire agreement between you and Travelstar regarding your use of the Website and/or the Service, and supersedes all prior oral or written understandings and agreements relating thereto.

18. WAIVER. The failure of Travelstar to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

19. ASSIGNMENT. Travelstar may assign its rights under this Agreement to any party without your consent. The rights under this Agreement shall inure to the benefit of Travelstar, its successors and assigns. You may not assign, convey, or delegate your rights, duties, or obligations hereunder.

20. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

21. TRADEMARKS. "Travelstar" and the Travelstar logo are trademarks and/or servicemarks of Travelstar, and all other trademarks, servicemarks and trade names used on the Website are the property of their respective owners. All such trademarks, servicemarks, and trade names may not be copied, downloaded, or otherwise exploited without permission of their respective owners.

Please contact us if you have any questions regarding this Agreement.