TERMS OF USE

By your access to any part of TravelPimp.info, TravelPimp.net, PacificTravelBlogger.com or @pacifictravelblogger (referred to as either the “Website” or “TravelPimp”), you fully agree with the Terms of Use as articulated: We (TravelPimp and its creator, Jehan’Ad Martinez) reserve the right to update these terms at any time, so please review the Terms of Use periodically to keep up to date on our agreement, since your use of the Website on or after the effective date of any such modification or update will constitute your acceptance of the Terms of Use as modified and/or updated. If you are not of legal age to form a binding contract you may not access the Website.

 

These Terms of Use were last revised on July 11, 2020.

 

Content (including Submissions) Ownership and Intellectual Property Rights unless otherwise indicated, the Website and all content and other materials are the property of Jehan’Ad Martinez, or his assigns. All of the content of the Website are proprietary and the subject of copyright and other intellectual property rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property right. The contents of the Website may not be copied, modified, distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted in writing by Jehan’Ad Martinez.

 

Subject to your compliance with these Terms of Use, and only for as long as you are permitted by TravelPimp to access and use the Website, we grant you a limited license to use the content of the Website, for your own personal, non-commercial use.

 

Where you have submitted content and/or materials to or through the Website (hereafter referred to as “Submission”), you grant Jehan’Ad Martinez a transferable, sub-licensable (so we can use our service providers to provide the Website), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed, whether related to TravelPimp or not.

 

You may not modify, rent, lease, loan, sell, distribute or create derivative works based upon content (either in whole or in part) on the Website. TravelPimp reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content contained within or submitted to the Website.

 

For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section and that such Submission and your provision of it through the Website comply with all applicable laws, rules, and regulations and do not violate the rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

 

Personal Information and Data Privacy

 

Your privacy is very important to us. TravelPimp strongly discourages you from posting personally identifiable information. Any information that you post on the Website constitutes a reasonable assumption of the risk by you. For more information on the information we collect, and how it is collected, used, and disclosed, please review our Privacy Policy. The terms of our Privacy Policy are incorporated herein by this reference and constitute a part of these Terms of Use.

 

Website and TravelPimp blog Postings

 

TravelPimp reserves the right to manage the postings on the Website to provide an orderly presentation of the information and to ensure legal and civility standards imposed by law and the Website.

 

Rules of Civility

 

While visiting the Website, you agree to obey the law, respect the rights of others, and avoid objectionable, defamatory, or disruptive behavior. In addition, you will comply with the following rules of civility, as they may be updated from time to time. You will not post, transmit, or otherwise make available, through or in connection with the Website:

 

(1) Any "sensitive" personally identifiable information, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, Social Security numbers or national identifiers, driver’s license numbers, credit card, bank account or other financial information, other information concerning sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters;

 

(2) Anything that is or may be perceived as (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortuous or otherwise violates the legal rights of others; (d) obscene, indecent, pornographic or otherwise objectionable; (e) cyber-stalking or cyber-bullying; or (f) protected by copyright, trademark, trade secret, right of publicity or other proprietary right (including non-public information) without the express prior consent of the owner of such right;

 

(3) Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as, but limited to, "hacking," "cracking," or "phreaking;"

 

(4) Any virus, worm, Trojan horse, spyware, or other computer code, file, or program that is harmful or invasive or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;

 

(5) Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation;

 

(6) Use the Website for any fraudulent or unlawful purpose, including, but not limited to, impersonating any person or entity, including without limitation any representative of Travelpimp.net; falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Website; or expressing or implying that we endorse any statement you make.

 

(7) Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available or violate any requirements, procedures, policies or regulations of such networks. Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).

 

(8) Frame or mirror any part of the Website without Jehan’Ad Martinez’s express prior written consent, which consent may be withheld for any reason whatsoever. Create a database by systematically downloading and storing Website content. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without Jehan’Ad Martinez’s express prior written consent; or

 

(9) Violate any other terms articulated in these Terms of Use.

 

Registration

 

When registration is required to use any part of the Website. TravelPimp may refuse to grant you, and you may not use, a username that is already being used by someone else, belongs to or impersonates another person, violates the intellectual property or other rights of any person (including but not limited to trademark rights), is offensive, or that we reject for any other reason, in our sole discretion. To the extent that you are issued a username and password, your username and password are for your personal use only and should be kept confidential. You are responsible for any use of your username and password, and you agree to promptly notify TravelPimp of any unauthorized use of your username and password or breach of confidentiality.

 

Monitoring

 

You acknowledge and agree that TravelPimp reserves the right (but has no obligation) to do any or all of the following, at its discretion: (a) monitor Submissions; (b) alter, remove, or refuse to post or allow to be posted any Submission; and/or (c) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Website; to protect Jehan’Ad Martinez, his assigns, affiliates, employees, officers, directors, shareholders, agents, representatives, licensors, suppliers, service providers and their affiliates, and the Website’s visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason.

 

Access to Website

 

TravelPimp reserves the right to deny or revoke access to the Website, or any part thereof, at any time in its sole discretion, with or without cause. Your access to the Website will terminate upon the termination of these Terms of Use for any reason. Jehan’Ad Martinez shall not be liable if, for any reason, the Website is unavailable at any time or for any period.

 

Disclaimer of Warranties

 

THE WEBSITE AND ANY MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE WEBSITE. JEHAN’AD MARTINEZ, HIS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS AND THEIR AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY MATERIALS OR SERVICES OBTAINED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

 

Limitation of Liability

 

JEHAN’AD MARTINEZ, HIS ASSIGNS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS AND THEIR AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, JEHAN’AD MARTINEZ, HIS ASSIGNS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS AND THEIR AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT POSTED ON THE WEBSITE BY JEHAN’AD MARTINEZ OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

 

Hold Harmless and Indemnification

 

You agree to defend, indemnify, and hold harmless Jehan’Ad Martinez, his assigns, Affiliates, employees, officers, directors, shareholders, agents, representatives, licensors, suppliers and service providers and their affiliates, from and against all claims, losses, costs and expenses (including all attorneys fees) arising out of (a) your use of, or activities in connection with, the Website; or (b) any violation of these Terms of Use by you.

 

Third-Party Links

 

TravelPimp provides links to third-party websites and resources for your information only. Neither Jehan’Ad Martinez, nor his assigns and affiliates are not responsible for such websites or resources. YOUR ACCESS TO AND USE OF THIRD-PARTY WEBSITES AND RESOURCES IS SOLELY AT YOUR OWN RISK.

 

Intellectual Property

 

TravelPimp is the intellectual property of Jehan’Ad Martinez. Other products or company names referred to on Website may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of Jehan’Ad Martinez or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo or company name.

 

Choice of Law, Choice of Forum and Compliance with Laws

 

Access to and use of the Website and these Terms of Use are governed by federal law of the United States of America and/or the laws of the territory of Guam, U.S.A. Any legal action or proceeding relating to your access to, or use of the Website or these Terms of Use shall be instituted only in the Superior Court of Guam, U.S.A., without regard to conflict of law provisions. You agree to submit to the jurisdiction of, and agree that venue is proper in, the Superior Court of Guam in any such legal action or proceeding.

 

Non-waiver

 

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

 

Contact Us

 

If you have any questions regarding these Terms of Use, please contact us.

 

Claims of Copyright Infringement

 

The Digital Millennium Copyright Act ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material available via the Website infringes your copyright, you may send TravelPimp a notice requesting that it remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send TravelPimp a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Jehan’Ad Martinez,1008 DNA Building, 238 Archbishop F.C. Flores Street, Hagatna, Guam 96910. We suggest that you consult your legal advisor before filing a notice or counter-notice.

 

Parental Controls

 

Pursuant to 47 U.S.C. §230(d) as amended, TravelPimp hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on OnGuard Online (http://onguardonline.gov/). We do not endorse any of the products or services listed at such websites.

 

General and Miscellany

 

These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Jehan’Ad Martinez. If any part of these Terms of Use is found to be unlawful, void or unenforceable, that part will be deemed severable from these Terms of Use and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of the Website for illegal purposes will be provided to law enforcement authorities. These Terms of Use and the Privacy Policy, previously incorporated by this reference, constitute the entire agreement between you and Jehan’Ad Martinez, or his assigns, relating to the use of the Website and supersede and replace any prior agreement and communication between the parties, except as otherwise expressly provided by Jehan’Ad Martinez in writing. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without the express prior written consent of Jehan’Ad Martinez. Jehan’Ad Martinez may assign, transfer, or sublicense any or all of his rights or obligations under these Terms of Use without restriction.

 

Notices to you may be made via posting to the Website, by e-mail, or by regular mail, in Jehan’Ad Martinez’s sole discretion. You agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Jehan’Ad Martinez will not be responsible for failures to fulfill any obligations due to causes beyond his control.

 

Jehan’Ad Martinez, or his assign may, at any time, modify or discontinue all or any part of the Website.

 

In the event you access or use another website owned, operated or hosted by Jehan’Ad Martinez, you may be subject to alternative terms and conditions of use, as may be specified on such website. In such event, the terms and conditions of use applicable to that website will govern your use of the Website.