Travnest - TERMS AND CONDITIONS

1. ACCEPTANCE OF TERMS AND CONDITIONS

Welcome to Travnest (The Online Travel Social Network). Travnest provides "Travel Companion", "Carpool Buddy", "Trip Planner", "Search/Post Classified Ads", and other travel related services to you, subject to the following Terms of Service ("TOS") , which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.travnest.com.

BY SELECTING THE "I ACCEPT" CHECKBOX (DURING SIGNUP TO 'TRAVNEST' ON YOUR COMPUTER) YOU AGREE TO BE BOUND BY THE TOS.

2. DESCRIPTION OF SERVICE

Travnest provides users with the capability to "Finding Travel Companion", "Arranging Carpool Buddy", "Plan a Trip", and various other travel related services via the Internet. You need to signup to use this service. By signing up with Travnest, you acknowledge and agree that the Service is provided "AS-IS" and that Travnest assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You also understand that Travnest is not responsible for the security or privacy of contents you post.

By using this service you agree that Travnest.com and related persons are not responsible for your safety, comfort, or successful travel arrangements, or for your belongings, or for any other liability with regard to your use of this website.

3. DATA COLLECTED BY TRAVNEST

• The Service requires you to obtain a Travnest ID and password via the signup process, and transmits this information to Travnest to verify your identity at login. Travnest also stores your preferences and profile settings, which you control.

• When you add a friend to your contact list, your friend's ID is stored on our servers and is linked with your friend list and vice versa. We use this information to display a list of your online friends when you are using the program. If you choose to store additional information about a friend on your contact list through the Contact Info function, Travnest will store this information. If you choose to "ignore" certain users through your preference settings, that user's Travnest ID is stored on our server in order to fulfill your ignore request.

.• When you use the Service, your instant messages ("IMs") may be transmitted through our servers on their way to the recipient, or, in the case of a conference, recipients. Any files you transmit through the Service may also be transmitted through our servers.

• Unless you log in to the Service using the "invisible mode," your online status will be visible to other the Service users. You can turn this off in your preference settings.

• Travnest do save your messages that you post for finding a travel companion or a carpool buddy or other services. These messages
will be in the system for a while even after the intended date of travel. These old messages will be periodically removed from the system.

• By using the Service, you may choose to make some of your personal information public or you may choose to share some of your personal information with others. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

• We may use a cookie to identify you by our site. Your machine IP address is also used to better serve you.

4. ADVERTISING IN THE SERVICE

• Travnest may display advertising to you from time to time.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

If you don't already have a Travnest ID and password, you will be prompted to complete the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify Travnest of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. Travnest cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5..

6. PRIVACY POLICY

Your registration data and other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.travnest.com/MainApp/support/index.jsp?sub=privacy

7. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Travnest, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Travnest does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Travnest be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.

You agree to not use the Service to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a Travnest official, forum leader, guide or host, or falsely state or otherwise misrepresent /your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);

h. upload, post, email, transmit or otherwise make available 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;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation,

the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

l. "stalk" or otherwise harass another; or

m. collect or store personal data about other users.

You acknowledge that Travnest may or may not pre-screen Content, but that Travnest and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Travnest and its designees shall have the right to remove any Content that violates the Software License or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Travnest or submitted to Travnest, including without limitation information in Travnest Forum Message Boards, and in all other parts of the Service. You acknowledge, consent and agree that Travnest may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(a) comply with legal process; (b) enforce the Software License; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Travnest, its users and the public. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Travnest and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Travnest does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Travnest the world-wide, royalty free and non-exclusive the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display any photos and graphics you submit or make available for inclusion in the Service, solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Travnest removes such Content from the Service.

10. INDEMNITY

You agree to indemnify and hold Travnest, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Software License, or your violation of any rights of another.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Travnest ID), use of the Service, or access to the Service.

12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Travnest may establish general practices and limits concerning use of the Service. You agree that Travnest has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Travnest reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Travnest reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. MODIFICATIONS TO SERVICE

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

14. TERMINATION

You agree that Travnest may, under certain circumstances and without prior notice, immediately terminate your Travnest account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Software License, the TOS, or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Developer Collaboration account includes (a) removal of access to all offerings within or integrated with the Service, . (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Travnest sole discretion and that Travnest shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

15. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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. You agree that Travnest shall not be 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 such advertisers on the Service.

16. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Travnest has no control over such sites and resources, you acknowledge and agree that Travnest is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Travnest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

17. DISCLAIMER OF WARRANTIES

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Travnest EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SOFTWARE LICENSE OR TOS.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 18 and 19 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Travnest and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

21. NOTICE

Travnest may provide you with notices, including those regarding changes to the Software License, by either email, regular mail, or postings on the Service.

22. GENERAL INFORMATION

TOS constitute the entire agreement between you and Travnest and govern your use of the Service, superceding any prior agreements between you and Travnest. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content.

23. VIOLATIONS

Please report any violations of the TOS to support@travnest.com.