PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES.
BY USING ANY OF THE SERVICES OFFERED ON THIS WEBSITE, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT
(‘YOU’) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE
TERMS OF SERVICE, AND ANY POLICIES OR GUIDELINES INCORPORATED HEREIN (COLLECTIVELY, THE "TERMS OF SERVICE").
YOUR USE OF THE SERVICES OFFERED BY THE NILE PROJECT, INC. (‘COMPANY’) SHALL ALSO CONSTITUTE
ASSENT TO THESE TERMS OF SERVICE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THESE TERMS OF SERVICE
DO NOT USE ANY OF THE SERVICES DESCRIBED HEREIN. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER,
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
- SERVICES. Subject to these Terms of Service, Company may offer to provide certain services that relate to online personalized travel services (the "Services"), as described more fully on the Company website at www.nileguide.com (the "Site"), and which are selected by You through the process provided on the Site, solely for Your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Company performs for You, as well as the offering of any content on the Site, and access to and use of services offered by certain third party service providers through the Site ("Third Party Service"). Company may change, suspend or discontinue the any or all Services at any time, including the availability of any feature, database, Third Party Service, or content. Company may also impose limits on certain features and Services or restrict Your access to parts or all of the Services without notice or liability. Company reserves the right, at its discretion, to modify these Terms of Service at any time by posting a notice on the Site, or by sending You a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by You following such notification constitutes Your acceptance of the modified Terms of Service. You also certifies to Company that if You are an individual (i.e., not a corporation) You are of legal age to form a binding contract. You also certify that You are legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. These Terms of Service are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and internet service. You shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services. Company retains ownership of all right, title and interest in and to the Service, the Site, Content (defined below), and any related software or materials and all related intellectual property rights.
- SITE CONTENT. The Site and all content therein are intended solely for the use of end users of the Site and may only be used in accordance with these Terms of Service. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that You maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.
You acknowledge and agree that if You use any of the Services to contribute Content to the Site, Company is hereby granted a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable right to fully perform, display, distribute, make derivative works from, and otherwise exploit such Content in any medium now known or hereafter invented (including all related intellectual property rights) and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights". To the extent You retain any such Moral Rights under applicable law, You hereby ratify and consent to any action that may be taken with respect to such moral rights by Company and agree not to assert any Moral Rights with respect thereto. You warrant, represent and agree that You will not contribute any Content that, in Company's sole judgment, is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Content submitted by users will be considered non-confidential and Company is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Company reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Company is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to Company. Company may have no duty to attribute authorship of Content to You by using Your service User ID (defined below). Company shall not be obligated to enforce any form of attribution by third parties. Company reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that You may have breached the immediately preceding sentence), or for no reason at all.
Company takes no responsibility and assumes no liability for any Content posted, stored or uploaded by You or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. Company is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other area of the Site. Although Company has no obligation to screen, edit or monitor any of the Content posted to or distributed through the Site, Company reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Copyright Complaint Policy
If You believe in good faith that materials hosted by Company infringe Your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Company that your copyrighted material has been infringed.
Please provide the following information in the following format:
A clear identification of Your copyrighted work that You claim is being infringed.
A clear identification of the material on the Site that You claim is infringing Your copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this website should be emailed or mailed to:
The Nile Project, Inc.
Attn: Josh Steinitz
251 Rhode Island Street, Suite 202
San Francisco, CA 94103
You should consult Your legal advisor before filing a notice or counter-notice. Also, please note that You may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
Company will review and appropriately address all notices that comply with the requirements above.
- RESTRICTIONS. You are responsible for all of Your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your right to use the Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while You are not logged in.
- THIRD PARTY SERVICES. Company is not a booking agent or tour operator, and does not directly charge You any fees to use the Site. However, You should be aware that Third Party Services who list travel packages with Company may not have included all fees and surcharges in their listed prices. For example, airfares are frequently subject to additional such as the Federal September 11th Security Fee, international departure and arrival taxes and fees, federal excise tax, and other service, handling and miscellaneous fees and surcharges. When You book any travel with a Third Party Service, please be sure to check their site for a full disclosure of all applicable fees. For any travel packages or deals listed, Company does not guarantee any specific rates or prices. Note that Company calculates an average price for many hotels, based on the rates of available rooms obtained from our booking partners, which are updated regularly Company makes no guarantees for availability of prices advertised on the Site. Listed prices may require a stay of a particular length or have blackout dates, qualifications or restrictions.
Company may run advertisements and promotions from third parties on the Site.
Company may also include content provided by other companies or individuals
which may include offers for Third Party Services. Your business dealings or
correspondence with, or participation in promotions of, advertisers or any
other third party other than Company, and any terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
Third Party Service. Company is not responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of Third Party Service advertising or offer on the Site.
- WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to You. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content You access via the Site; what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. You release Company from all liability for Your having acquired or not acquired Content through the Site. The Site may contain, or direct You to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site or any content contained in or accessed through any Third Party Service, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or any Third Party Service. THE SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY THIRD PARTY SERVICE OR WEB-SITE LINKED TO THE SITE OR OTHERWISE IN CONNECTION WITH THE SERVICES. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with Your use of the Site, Services, or Third Party Service.
- REGISTRATION AND SECURITY. As a condition to using certain Services, You may be required to register with Company and select a password and user name ("User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of Your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than You without appropriate authorization. Company reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of Your password.
- INDEMNITY. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of Your access to the Site, use of the Services, Your violation of these Terms of Service, or the infringement by You , or any third party using the Your account, of any intellectual property or other right of any person or entity.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO THE SITE OR THE SERVICES OR ANY THIRD PARTY SERVICE (I) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO LOSS OF DATA OR FAILED COMMUNICATIONS, OR (II) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY YOU TO COMPANY THEREFOR, OR IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- TERMINATION. Company may terminate or suspend any and all Services and access to the Site (i) immediately, without prior notice or liability, if You breach these Terms of Service or (ii) upon fifteen (15) days notice for any reason or for no reason. Any fees paid hereunder are non-refundable. You may terminate Your access to the Services at any time upon written notice to the Company. Upon termination of the Your account, Your right to use the Services, access the Site and any Content will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
- MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by You except with Company's prior written consent. Company may freely assign these Terms of Service. These Terms of Service shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. You agree that all claims you may have against Company arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in San Francisco, CA. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. Both parties agree that these Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service. Company may provide You with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site. Your continued use of the access or use of the Service after communicating that these Terms of Service have been changed will be considered your assent to any such changes.