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Terms and Conditions
PLEASE READ THE FOLLOWING PRIOR TO USING THIS SITE:
Melanin Globe® Website Terms and Conditions
Thank you for visiting the Melanin Globe® website located at www.melaninglobe.com (the "Site"). The Site is an Internet property of Melanin Globe, LLC ("Melanin Globe®", "we", "our", or "us"). The following Melanin Globe® Website Terms and Conditions ("Terms and Conditions") are inclusive of the Melanin Globe® Privacy Policy ("Privacy Policy"), the Melanin Globe® Booking Agreement, the FAQ section of the Site, the terms applicable to the Referral Program (as defined below) ("Referral Program Terms") and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement").
Each end-user visitor to the Site ("User," "you" or "your") agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or downloads any of the text, brochures, audio, video, photographs, graphics, artwork, blog posts, testimonials, customer ratings and/or other Melanin Globe® content featured on the Site, including information concerning Melanin Globe® travel, cruise and tour packages (collectively, "Content"); (c) browses the Price Quotes (as defined below) posted on the Site and/or requests Price Quotes (collectively, "Price Quote Services") for one (1) or more travel, cruise and tour packages featured on the Site (collectively, "Travel Packages"), as made available and operated by our third-party tour/travel service providers including, without limitation, any tour operators, cruise lines, hotels, airlines, transportation services providers, bus/motorcoach operators, conveyance operators, ground handlers, carriers, accommodations providers, local operators, travel suppliers, travel protection or insurance companies and all other similar entities (collectively, "Third-Party Travel Service Providers"); (d) registers and books a Travel Package through the Site ("Booking Services"); (e) purchases travel insurance featured on the Site ("Travel Insurance"), as made available and fulfilled by our third-party travel insurance service providers ("Third-Party Insurance Providers"); (f) accesses links to Melanin Globe® social media pages/accounts featured on third-party social media websites, such as Facebook®, Instagram®, Twitter® and YouTube® (collectively, "Social Media Pages"); (g) registers to receive Melanin Globe® Price Quotes and other Travel Package information ("Newsletter"); (h) views her/his Melanin Globe® vacation booking and/or adds services and/or other features to her/his booking, such as Travel Insurance, where available ("Booking Management Services"); (i) accesses certain message boards, comments sections, customer ratings and other interactive features of the Site (collectively, "Interactive Services"); (j) accesses information pertaining to our Refer-a-Friend program ("Referral Program"); and/or (k) utilizes the contact forms and/or other functionality as a means to contact, or request to be contacted by, Melanin Globe® (collectively, "Contact Services," and together with the Site, Content, Price Quote Services, Travel Packages, Booking Services, Travel Insurance, Social Media Pages, Newsletter, Interactive Services, Booking Management Services and Referral Program, the "Site Offerings").
PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM WHATSOEVER.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST MELANIN GLOBE®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY TRAVEL SERVICE PROVIDERS, THIRD-PARTY INSURANCE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, "COVERED PARTIES"), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
Please be advised that by providing us with your phone number, you provide written express consent authorizing Melanin Globe, LLC to contact you by telephone, delivered via automated technology, to the phone number(s) that you have provided to us. You acknowledge and understand that your consent is not required to conduct business with us. To speak with a team member in order to transact with us without providing consent, please call 1-866-364-4301.
Please be advised that Melanin Globe® does not itself offer, service or administer the Travel Packages, and the ultimate terms and conditions of any Travel Package made available via the Site Offerings will be determined by the applicable Third-Party Travel Service Provider. Without limiting the foregoing, you agree that Melanin Globe® shall not be liable or responsible for any acts, errors, warranties, representations, breaches, negligence or omissions of any Third-Party Travel Service Provider, or for any personal injury, death, property damage or other loss or expense, accident, delay, inconvenience or irregularity in connection with any Travel Package, whether caused by the applicable Third-Party Travel Service Provider or any other party, including any flight cancellations, delays or missed connections that cause you to miss all or any portion of a Travel Package.
Please be advised that Melanin Globe® does not itself offer, service or administer any Travel Insurance or related products and/or services, and the ultimate terms and conditions of any Travel Insurance made available via the Site Offerings will be determined by the applicable Third-Party Travel Insurance Providers.
All Price Quotes, Travel Package availability, Travel Package details/itinerary and other Content posted by and through the Site Offerings are subject to change without notice. For purposes of planning your travel, we recommend that you utilize the Site Offerings only as a starting point for your travel planning. All travel details published by and through the Site Offerings should be confirmed directly with the applicable Third-Party Travel Service Provider prior to making any definite travel plans and/or placing a deposit, which may be non-refundable in some instances. Reliance on any information made available to you by and through the Site Offerings, including the Content, is solely at your own risk. Melanin Globe® disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Site Offerings.
For foreign entry requirements, you may find additional information at: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/americans-traveling-abroad.html. For State Department travel advisories, you may find additional information at: https://travel.state.gov/content/passports/en/alertswarnings.html. For foreign health requirements and dangers, you may find additional information at: http://www.cdc.gov/travel/index.htm.
Instagram® and Facebook® are registered trademarks of Facebook, Inc. ("Facebook"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). YouTube® is a registered trademark of Google, Inc. ("Google"). Please be advised that Melanin Globe® is not in any way affiliated with Facebook, Google, or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.
1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site Offerings. The Agreement constitutes the entire and only agreement between you and Melanin Globe® with respect to your use of the Site Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site Offerings shall be subject to the Agreement. You understand and agree that Melanin Globe® is not responsible or liable in any manner whatsoever for your inability to use the Site Offerings.
2. Modification of Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
3. Requirements; Necessary Equipment. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions). If an individual is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his respective jurisdiction), that individual does not have permission to use and/or access the Site Offerings.
Users shall be responsible, at all times, for ensuring that they have a mobile device, Internet connection, wireless service plan and/or other equipment necessary to access and use the Site and other Site Offerings. Melanin Globe® does not guarantee that the Site and other Site Offerings can be accessed: (a) on all computers and/or mobile devices; (b) through all Internet/wireless service plans; and/or (c) in all geographical areas. Melanin Globe® does not guarantee the quality, speed or availability of your computer and/or mobile device’s Internet connection. Standard messaging, data and wireless access fees may apply to your use of the Site and other Site Offerings. You are fully responsible for all such charges, and Melanin Globe® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
4. Site Forms. In order to utilize certain Site Offerings, you may be required to submit a registration form (collectively, "Form"). The information that you must supply on the Form may include, without limitation: (a) your name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your credit card information (where purchasing Travel Insurance and/or a Travel Package); (f) your booking number, where using the Booking Management Services; (g) your passport information, where applicable; (h) your travel preferences; (i) your designated emergency contact and associated contact information; and/or (j) any other information requested on the Form (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Melanin Globe® may reject your Form and/or terminate your Site account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation where Melanin Globe® believes that you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.
5. Content. Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Site Offerings. The Content is compiled, distributed and displayed by Melanin Globe®, as well as third-party content providers, such as Third-Party Travel Service Providers and Third-Party Insurance Providers (collectively, "Third-Party Providers"). AffordableTours.com® does not control the Content provided by Third-Party Providers that is made available by and through the Site Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Melanin Globe® does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Melanin Globe® will not be responsible for, and Melanin Globe® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Melanin Globe® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
6. Purchases/Billing.
(a) Travel Insurance and Travel Packages. Where and to the extent made available by Melanin Globe® , you can purchase Travel Packages and/or Travel Insurance by completing the applicable Form and providing the requisite Registration Data. Where you purchase Travel Packages and/or Travel Insurance, the credit card that you provided on the Form ("Payment Method") will be charged the amount listed, plus applicable sales tax. NOTWITHSTANDING THE FOREGOING, NOTHING ASSOCIATED WITH THE SITE AND/OR OTHER SITE OFFERINGS SHALL BE CONSTRUED TO BE AN OFFER TO SELL, OR A BINDING CONTRACT FOR, ANY TRAVEL PACKAGE UNTIL THE APPLICABLE TRAVEL PACKAGE BOOKING IS CONFIRMED IN WRITING BY/WITH THE APPLICABLE THIRD-PARTY TRAVEL SERVICE PROVIDER AND YOUR ASSOCIATED TRAVEL DEPOSIT HAS BEEN RECEIVED. UNLESS OTHERWISE INDICATED, ALL SALES OF TRAVEL PACKAGES AND TRAVEL INSURANCE ARE FINAL AND NON-REFUNDABLE.
(b) General Billing Provisions. Unless otherwise indicated on the Site, prices are quoted in U.S. Dollars, and are payable in U.S. Dollars. Failure to use the Travel Packages and/or Travel Insurance, as applicable, does not constitute a basis for refusing to pay for any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Melanin Globe® in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Melanin Globe® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Travel Packages and/or Travel Insurance after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Melanin Globe® authorization to provide and bill for Travel Packages and Travel Insurance is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Melanin Globe's® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
7. Price Quote Services. In connection with the Price Quote Services, Users can browse the Price Quotes posted on the Site and/or request Price Quotes to be provided via e-mail or telephone, for applicable categories/types of Travel Packages. Please be advised that the price quotes associated with the applicable Travel Package(s) (collectively, "Price Quotes") are provided to Melanin Globe® directly from the applicable Third-Party Travel Service Providers. Melanin Globe® does not represent or warrant that the Price Quotes are accurate, up-to-date or free of error, or that same will be honored by the applicable Third-Party Travel Service Providers. You understand and agree that Melanin Globe® shall not be liable to you or any third party for any Price Quotes provided by any Third-Party Travel Service Providers.
8. Travel Packages. Users who complete the applicable Form can purchase certain Travel Packages directly on the Site and/or via the Contact Services/Price Quote Services. Please be advised that Melanin Globe® does not itself offer, service or administer the Travel Packages, and the ultimate terms and conditions of any Travel Package made available via the Site Offerings will be determined by the applicable Third-Party Travel Service Providers. Melanin Globe® does not involve itself in the agreements between Users and Third-Party Travel Service Providers or the actual provision of services in connection with the relationships created thereby. You understand and agree that Melanin Globe® shall not be liable to you or any third party for any Travel Packages, products and/or services offered by any Third-Party Travel Service Providers.
9. Travel Insurance. Users who complete the applicable Form can purchase the Travel Insurance where available. Please be advised that Melanin Globe® does not itself offer, service or administer any Travel Insurance or related products and/or services, and the ultimate terms and conditions of any Travel Insurance made available via the Site Offerings will be determined by the applicable Third-Party Travel Insurance Providers. Melanin Globe® does not involve itself in the agreements between Users and Third-Party Travel Insurance Providers or the actual provision of services in connection with the relationships created thereby. You understand and agree that Melanin Globe® shall not be liable to you or any third party for any Travel Insurance, products and/or services offered by any Third-Party Travel Insurance Providers.
10. Booking Management Services. Users who purchases a Travel Package through the Site, Contact Services and/or Price Quote Services may be able to review the Travel Package details and utilize certain products, services and other features associated with same (collectively, "Booking Management Services") by and through the Booking Management Services interface. Please be advised that the Booking Management Services associated with the applicable Travel Package(s) are made available by the applicable Third-Party Travel Service Providers. Melanin Globe® does not represent or warrant that the Booking Management Services accessible through the Site are accurate, up-to-date or free of error, or that same will be honored by the applicable Third-Party Travel Service Providers. You understand and agree that Melanin Globe® shall not be liable to you or any third party for any Booking Management Services made available by any Third-Party Travel Service Providers.
11. Interactive Services.
(a) User Content. In connection with the Interactive Services, Users may be able to upload and/or post certain comments, reviews, ratings, content, material, communications, feedback and/or other information (collectively, the "User Content"). By making the User Content available by and through the Interactive Services or otherwise through the Site Offerings, each User provides to Melanin Globe® a perpetual, irrevocable, worldwide license to make same available by and through the Site Offerings. Without limiting the foregoing, User acknowledges and agrees that Melanin Globe® shall be free to utilize certain features and aspects of the User Content in connection with marketing and promoting the Site Offerings to third parties. Each User represents and warrants that she/he owns and/or has any and all rights to publish, display, perform and permit the use of, and grant the license associated with, the User Content as contemplated by the Agreement. Without limiting the foregoing, Melanin Globe® may reject and/or remove any User Content at any time and for any reason, in Melanin Globe's® sole discretion.Notwithstanding the foregoing, Melanin Globe® undertakes no responsibility to monitor or otherwise police the User Content made available by and through the Site Offerings. Each User and third-party agrees that Melanin Globe® shall: (i) have no obligations and incur no liabilities to such party in connection with any such User Content; and (ii) not be liable to any party for any claim in connection with the User Content.
(b) User Content Restrictions.In connection with the User Content, each User agrees not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third-party; (ii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in the applicable User’s community, as defined under applicable law; (iii) impersonate any person or entity; (iv) "stalk" or otherwise harass any person; (v) engage in advertising to, or commercial solicitation of, end-users or other third parties; (vi) transmit any chain letters, spam or junk e-mail to any end-users or other third parties; (vii) express or imply that any statements it makes are endorsed by Melanin Globe®; (viii) harvest or collect personal information of end-users or other third parties whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings or related content; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) remove any copyright, trademark or other proprietary rights notices contained within the Site Offerings; (xii) interfere with or disrupt any of the Site Offerings and/or the servers or networks connected to same; (xiii) post, offer for download, e-mail or otherwise transmit any material that contains software viruses 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; (xiv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third-party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xv) "frame" or "mirror" any part of the Site; (xvi) use metatags or code or other devices containing any reference to the Site Offerings in order to direct any person to any other website for any purpose; and/or (xvii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of such User’s account and/or access to some or all of the Site Offerings without notice, in the sole discretion of Melanin Globe®. Melanin Globe® reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
12. Referral Program. Melanin Globe® may, from time-to-time, make a referral program available to Users that grants Users the ability to earn gift cards, money and other awards ("Referral Program"). Each User participating in the Referral Program (each, a "Referrer") will be provided with the opportunity to refer prospective new Users to Melanin Globe® ("Referrals") via the e-mail referral form made available on the Site. As currently offered by Melanin Globe® , each Referrer will receive a gift card in the amount of either Fifty Dollars ($50.00), One Hundred Dollars ($100.00) or Two Hundred Dollars ($200.00) for each unique Referral who mentions that Referrer’s name and books a Travel Package in excess of One Thousand Dollars ($1,000.00) (excluding port charges, taxes, government fees and security fees) and does not receive a refund for the Travel Package or otherwise charge back the amount spent (each, an "Award"). The exact amount of the Award varies depending on which Third-Party Travel Service Provider the Referral books the Travel Package through, as further detailed in the Referral Program Terms as made available on the Site. Already-existing Site Users and/or Users who had previously purchased a Travel Package (or who share a household with a User who had previously purchased a Travel Package) at any time, will not count as Referrals.
(a) As a Referrer, your activities in connection with generating Referrals ("Referral Activities"), and the materials used by you in connection with same ("Creative"), must: (i) comply with all applicable laws, rules and regulations including, without limitation, the CAN-SPAM Act of 2003, as amended and the Federal Trade Commission’s report entitled, "Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers," as amended; (ii) not infringe upon any third party intellectual property or other proprietary rights; (iii) include prominent disclosures that you stand to gain financially where the prospective Referral(s) make(s) qualifying Travel Package purchases; and (iv) comply with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials ("FTC Guidelines").
(b) Melanin Globe® reserves the right to invalidate any Awards awarded to you for any Prohibited Conduct. For purposes of the Agreement, "Prohibited Conduct" is defined as those instances where you engage in any of the following: (i) any Referral Activities via facsimile or telemarketing; (ii) any Referral Activities in connection with mobile telephones or portable electronic devices conducted via SMS, Smart Messaging, EMS, MMS or any other type of text messaging service or protocol; (iii) violations of the terms of service of, or Abusing, Social Media Websites, such as Facebook®, in connection with your Referral Activities (for purposes of the Agreement, "Abuse" shall mean spamming, sending any unsolicited mass mailing or instant messaging, using social media websites for commercial purposes, making any automated use of systems, such as using scripts to send bulletins or other communications, or any other activity that violates the applicable terms of service); (iv) any unlawful activity; (v) any fraudulent or deceptive activity; and/or (vi) any conduct that Melanin Globe® reasonably objects to.
(c) You shall not place any Creative in, on or through any e-mail messages or online venue that contains, promotes, references, or has links to: (i) web pages with no content; (ii) profanity, sexually explicit material, hate material, material that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or family status, or any other material deemed unsuitable or harmful to the reputation of Melanin Globe® (iii) piracy (of software, videos, audio/music, books, video games, etc.), hacking/cracking/phreaking, emulators/ROMs, or distribution of copyrighted materials; (iv) illegal activities or advice; (v) deceptive acts or practices; (vi) violations of the rights of others, such as intellectual property or privacy rights; (vii) personal web pages, non-English language pages, free hosted pages or venues under construction; or (viii) activities generally understood as Internet abuse including, but not limited to, the sending of unsolicited bulk electronic mail.
IMPORTANT:
USERS ARE NOT PERMITTED TO OPEN ANY ADDITIONAL, SEPARATE USER ACCOUNTS UNDER ALIASES IN ORDER TO ADD THEMSELVES AS REFERRALS AND EARN AWARDS IN CONNECTION WITH THOSE ADDITIONAL USER ACCOUNTS ("SELF-REFERRAL").
REFERRALS MUST CLICK THROUGH THE REFERRAL LINK IN ORDER FOR THE REFERRER TO EARN AWARDS. IF A PROSPECTIVE REFERRAL DOES NOT REGISTER VIA THE REFERRAL LINK, THAT PROSPECTIVE REFERRAL SHALL NOT BE CONSIDERED A REFERRAL AND THE PROSPECTIVE REFERRER WILL NOT RECEIVE ANY CORRESPONDING AWARDS.
MELANIN GLOBE® RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE REFERRAL AND/OR ANY ASSOCIATED AWARDS WHERE MELANIN GLOBE® DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE REFERRAL: (i) IS A SELF-REFERRAL; (ii) WAS GENERATED USING ANY FRAUDULENT OR DECEPTIVE METHOD; (iii) WAS GENERATED IN BAD FAITH; OR (iv) WAS OTHERWISE GENERATED IN VIOLATION OF THESE RULES.
13. Social Media Pages. The Site contains links to the various Melanin Globe® Social Media Pages. The Social Media Pages are hosted and made available on third-party websites ("Social Media Websites") by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Melanin Globe® shall not be liable to you, any other end-user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
14. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Melanin Globe® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Melanin Globe® , you may only use the Site Offerings for your own personal, non-commercial use. No part of the Site Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Melanin Globe® . You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. You may not create any "derivative works" by altering any aspect of the Site Offerings. You may not use the Site Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Melanin Globe® . You further agree to indemnify and hold harmless Melanin Globe® for your failure to comply with this Section 14. Melanin Globe® reserves any rights not explicitly granted in the Agreement.
15. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The "Melanin Globe" name and logo are trademarks of Melanin Globe, LLC. All trademarks, brand names, custom graphics, icons and service names associated with the Third-Party Travel Service Providers, Third-Party Travel Insurance Providers and Travel Packages are the intellectual property of their rightful owners. The use of any Melanin Globe® trademark without Melanin Globe's® express written consent is strictly prohibited. The use of any third-party trademark without that party’s express written consent is strictly prohibited. The posting of information or material on the Site or otherwise by and through the Site Offerings by Melanin Globe® does not constitute a waiver of any right in or to such information and/or materials.
16. Copyright Policy/DMCA Compliance. Melanin Globe® reserves the right to terminate the account of any User who infringes upon third-party copyrights. If any User or other third-party believes that a copyrighted work has been copied and/or posted via the Melanin Globe® Offerings in a way that constitutes copyright infringement, that party should provide Melanin Globe® with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Melanin Globe® Copyright Agent for notice of claims of copyright infringement is as follows:
K&L Gates LLP
Attn: Copyright Attorney
One Newark Center, Tenth Floor
Newark, NJ 07102-5285
Fax: (973) 848-4001
17. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Melanin Globe® will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
18. Indemnification. You agree to indemnify and hold Melanin Globe® its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the Site Offerings; (b) your breach of the Agreement; (c) any dispute between you and any Third-Party Travel Service Provider and/or Third-Party Travel Insurance Provider; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 18 are for the benefit of Melanin Globe® its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
19. Disclaimer of Warranties. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MELANIN GLOBE® MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC TRAVEL-RELATED BENEFIT AND/OR COST SAVINGS; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MELANIN GLOBE® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MELANIN GLOBE® OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
20. Limitation of Liability.YOU EXPRESSLY UNDERSTAND AND AGREE THAT MELANIN GLOBE® SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MELANIN GLOBE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) YOUR FAILURE TO REALIZE ANY SPECIFIC TRAVEL-RELATED BENEFIT AND/OR COST SAVINGS; AND/OR (E) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE MELANIN GLOBE® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF MELANIN GLOBE® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR MELANIN GLOBE® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MELANIN GLOBE®. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF MELANIN GLOBE® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21. Third-Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and the websites of the Third-Party Travel Service Providers and Third-Party Insurance Providers. Melanin Globe® does not control the information, products or services available on or through these third-party websites. The inclusion of any link does not imply endorsement by Melanin Globe® of the applicable website or any association with the website’s operators. Because Melanin Globe® has no control over such websites or resources, you agree that Melanin Globe® is not responsible or liable for the availability or the operation of such external websites or resources, for any material located on or available from or through any such websites or resources or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third-party. You further agree that Melanin Globe® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any material available on or through any such site or resources, or any associated dealings or promotions.
22. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
23. User Information. All materials that you submit through or in association with the Site including, without limitation, the Registration Data and User Content, shall be subject to the Privacy Policy.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit and/or class arbitration as to any claim, dispute or controversy that you may have against any Covered Entity and/or Melanin Globe® (including its employees, officers, directors, members, representatives and/or assigns). You agree to the entry of injunctive relief to stop such a class action lawsuit and/or class arbitration, as applicable, or to remove you as a participant in the suit and/or class arbitration, as applicable. You agree to pay the attorney’s fees and court costs that Melanin Globe® and/or any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits and/or class arbitrations: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually, and not as a class action or class arbitration, in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
25. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Melanin Globe® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
26. Contact Us. If you have any questions about the Agreement, the Site Offerings or the practices of Melanin Globe, LLC, please feel free to contact us using the most convenient method set forth on the Contact Us page of the Site.