DANUBE.TRAVEL – General Website Terms and Conditions of Use

These Terms and Conditions of use apply to any use of the danube.travel (the “Website”) including your accessing, browsing, posting, uploading, emailing or otherwise transmitting of profile pages, promo texts, presentations, descriptions, journals, recommendations, reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, images, videos, information, data, photographs, software, messages, ideas, comments, questions, or any other materials on the Website including such materials generated by users and visitors of the Website (the “User Generated Content”).

By using the Website you signify that you unconditionally agree and accept to be legally bound by all of these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you are obliged to immediately discontinue use of the Website.

The Website is run and operated by the Danube Competence Center (“DCC”), whose registered address is at Čika Ljubina 8/I, 11000 Belgrade, Serbia.

ACCEPTABLE USE OF WEBSITE

By using this Website you agree that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of the use of the Website.

You shall not make any statements about yourself or any other person which are false or capable of being misunderstood. In particular, you shall not log on under or otherwise use a false identity. This does not prohibit use of aliases in comment areas.

It is a condition of your use of this Website that you shall not upload, post, email or otherwise transmit any User Generated Content that:

  • contains false, misleading, fraudulent, or deceptive claims;
  • is intentionally or unintentionally not true;
  • forges headers or otherwise manipulates identifiers in order to disguise the origin of any User Generated Content transmitted through the Website;
  • directly or indirectly suggests any endorsement or approval by DCC of a product or service or any non-DCC entity, product or content or any belief or opinion expressed within a product or service;
  • impersonates any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • intentionally or unintentionally violates any applicable local, provincial, state, national or international law;
  • breaches these Terms and Conditions;
  • infringes the rights of others or violates their privacy or publicity rights;
  • is protected by intellectually property right or other proprietary right of third parties (unless with the express written permission of the holder of such right);
  • you do not have a right to transmit under any law or under contractual or fiduciary relationships including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
  • you are not authorized to propagate;
  • is, in DCC’s sole discretion, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or brings the Website and/or DCC into disrepute;
  • is racist, promotes illegal activity, incitement of the masses, bigotry or hatred or harms minors in any way;
  • harasses another in any manner;
  • could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
  • is used to unlawfully collude against another person in restraint of trade or competition;
  • adopts names and addresses for the purpose of cyber squatting;
  • contains unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of such solicitation;
  • 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;
  • interferes with or disrupts the Website or servers or networks connected to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
  • harvests or otherwise collects information about others, including email addresses, without their consent;
  • contains unauthorised links or similar entities or is capable of interfering with the functioning of foreign data processing equipment/installations, in particular computers;
  • contains any software, application, or algorithm, whether integrated in a browser or otherwise, that frames, modifies or adds content to the layout, design, or content of any web page or application making a part of the Website; or
  • is unrelated to the area of the Website where it is posted;
  • is engaged in any other conduct that restricts or inhibits any other person from using the Website, or which, in the judgment of DCC, exposes DCC or any of its affiliates to any liability of any type.

DCC has no responsibility or control over the contents of User Generated Content which may not be accurate and DCC cannot be held liable for any contents of User Generated Content or any consequences of you relying on it. Any information and/or data in User Generated Content may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using any information and/or data contained in any User Generated Content.

You acknowledge that DCC has no obligation to monitor any User Generated Content but DCC is entitled to modify or delete any such User Generated Content in its sole discretion and may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated with such User Generated Content anywhere in the world.

In the event that any user violates any of the above restrictions or the following terms concerning the posting, uploading, emailing or otherwise transmitting of the User Generated Content, DCC reserves the right to delete, modify or add the User Generated Content without prior or later notice and without explanations and/or reason. DCC also reserves the right to temporarily or permanently suspend your use of the Website, if you are in breach of these Terms and Conditions.

By posting, uploading, emailing or otherwise transmitting the User Generated Content to the Website you agree that:

  • you have full rights and authority to do so and have obtained any necessary approvals and consents from third parties where applicable;
  • the use of such User Generated Content by DCC will not infringe the intellectual property rights of or otherwise violate the rights of any third party.

You shall be solely liable for any damages resulting from any intellectual property or any other right infringement or any other harm resulting from your use of the Website.

GRANT OF RIGHTS

You acknowledge and agree that your User Generated Content is non-confidential and non-proprietary. You hereby grant DCC and its affiliates a free of charge, irrevocable, permanent, transferable, fully sub-licensable and worldwide right to use your User Generated Content in any form and in any medium which is now known or devised at a later date (including, but not limited to, print on the internet including other websites of DCC, television and mobile communication platforms). This includes in particular the right to reproduce, distribute, modify, translate, create derivative works of, publish and publicly make available the User Generated Content.

You permit DCC to use your name which you provide to DCC alongside any User Generated Content you submit and acknowledge that DCC may choose to provide attribution of your User Generated Content in its sole discretion. You agree that DCC can move the User Generated Content to different parts of the Website in its sole discretion.

You grant DCC the right to take legal action against any person or entity that violates yours or DCC’s rights in the User Generated Content by a breach of these Terms and Conditions. If you violate one or more of these Terms and Conditions, you will hold DCC harmless to the full extent of any claims by any third party.

USER REGISTRATION

In order to access or use some or potentially all of the features of the Website, you may have to become a registered user.

Before you are able to access certain areas of the Website not available to non-registered users you need to provide DCC with a verifiable email address, choose a display name, complete the required fields on the registration form and accept these Terms and Conditions. Once you have done this, DCC will send you a confirmation email with your registration information. During registration, you may be required to create a username and password (the "Membership"), which may permit you access to certain areas of the Website not available to non-registered users.

If you become a registered user, you will provide true, accurate, current and complete registration information about you as may be prompted by any registration forms and, if such information changes, you will promptly update the relevant registration information.

You are responsible for safeguarding and maintaining the confidentiality of your Membership and for restricting access to your computer so that others may not access any password protected portion of the Website using your username in whole or in part. You agree to accept sole responsibility for all activities that occur under your Membership, whether or not you have authorized the activity. You agree you will not sell, transfer or assign your Membership or any Membership rights.

You agree to notify DCC immediately at support@danube.travel of any breach of security or unauthorized use of your Membership. DCC reserves the right to terminate your account or otherwise deny you access to the Website in its sole discretion for any or no reason without notice and without liability.

TRAVELLER REVIEWS, REPORTS, COMMENTS, PICTURES AND/OR VIDEOS

Any effort to disrupt, destroy, limit or otherwise negatively influence or modify the intended functionality of the Website is prohibited. In particular you shall not (and shall not attempt to) bypass security functions or modify computer systems, servers, routers or any other equipment connected to the internet, or gain unauthorized access, or disrupt the functioning of any of DCC’s systems and equipment.

You agree:

  • to describe countries, regions, destinations, activities, hotels, accommodations, bars, restaurants, or other places (the “Place”) as accurately as possible and in particular to add all parts of the name and further information necessary for their identification;
  • to only rate a Place and/or upload a picture if you have spent time in the specific Place and/or have used the service;
  • that you will not provide a report, comment or upload a picture in respect of a Place where you are an employee, owner or operator or connected to it in any other similar way. This restriction also applies to workers of travel agencies or of shipping companies and their relatives;
  • not to give any false or misleading ratings or false statements concerning the Places which could have an effect on the decision of other people willing to travel to a particular destination or use a particular service;
  • to give negative as well as positive reports within the boundaries of freedom of speech for the purpose of giving other people who are willing to travel and use a connected service the possibility for an objective, meaningful and comprehensive insight into a Place and its circumstances. The same principles apply to any uploading or posting of videos and pictures;
  • to rate, comment and report pursuant to the best of your knowledge;
  • not to collect, assemble, and/or publish in any way other users’ personal data and/or other information.

USE OF CONTACT AREAS AND MESSAGING VIA PRIVATE MAILING SYSTEM

You agree that when you contact DCC and any third parties by using the Website, its private message system and/or contact forms, you will not write or send any User Generated Content which:

  • is abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic or otherwise objectionable and/or actionable/illicit;
  • is contrary to any applicable law, especially violates third parties’ intellectual property rights;
  • is commercial advertisement or any other undesired advertisement (e.g. spam), and
  • is otherwise in breach of any other part of these Terms and Conditions.

DCC retains the right to temporarily or permanently ban any user/s who are in breach of these or any other part of these terms and conditions.

LIABILITY AND DISCLAIMER

No representations or warranties of any kind are made in respect of the Website or its contents including, but not limited to, any views or comment made, software, products, and services published.

By using the Website and content you agree to use any and all information and/or data included on the Website, including any User Generated Content, at your own risk. All liability of DCC, owners, officers, directors, employees, agents or other representatives arising for any loss suffered as a result of your use of the Website is expressly excluded to the fullest extent.

Inclusion or offering of any products or services on the Website does not constitute any endorsement or recommendation of such products or services by DCC.

The User Generated Content concerning travel services, prices and taxes has been placed on the Website by tourist organisations, travel agencies, hotels and/or related service entities. Consequently, DCC cannot guarantee the correctness, completeness, accuracy or quality of such User Generated Content. DCC does not have any responsibility for any mistakes which are made by either you or such entities when making a booking.

Profile pages, reviews, reports, pictures, videos and related User Generated Content which are available through the Website originate from third party users and represent the opinion of the respective user and not a statement, opinion, recommendation or rating by DCC. DCC does not guarantee or warrant the completeness, correctness, accuracy or quality of any User Generated Content.

By providing information about a destination, DCC does not suggest that travel to such places is advisable or risk free. DCC is not liable for damages or losses that may result from you deciding to travel to such destinations.

The Website may contain links to other websites maintained by third parties. DCC do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites.You assume sole responsibility for your use of third-party links. DCC is not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

DCC does not guarantee uninterrupted availability of any content and use of the Website itself. DCC expressly reserves the right to block, modify, add to and/or delete all or part, aspect or feature of of the Website, whether temporarily or permanently.

You are responsible for ensuring that you have the necessary IT equipment to use the Website. The Website has been optimized for Mozilla Firefox 8 or newer, Microsoft Internet Explorer 8 or newer, Apple Safari 5 or newer, Google Chrome 15 or newer and Opera 10 or newer.

DCC cannot guarantee or warrant that the Website is free of viruses, worms, Trojan horses or any other malicious codes which could have a destructive, vitiating, disruptive or other negative impact. It is your responsibility for making sure you sufficiently protect your PC from viruses.

INTELLECTUAL PROPERTY

DCC is the holder or the licensee of all intellectual property rights to the Website, and content published on it including, but not limited to, all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, advertising copy, content, materials, products, services, URLs, technology, documentation, interactive features, the "look and feel" of the Website, the compilation, assembly and arrangement of the materials of the Website and any and all copyrightable material (including source and object code). Any content published on the Website is protected by national and international laws and agreements. Any kind of copying, duplication, distribution, commercial exploitation, modification, adding and/or deletion is prohibited, including the integration of any content on external websites, for example through interlinks, deeplinks, or frames.

You may apply for the right to use content originating from DCC by contacting DCC at support@danube.travel.

You are permitted to make a single copy of content for private, non commercial use, provided that the source remains identifiable, for example by use of a reference.

You are not permitted to use any:

  • data mining, robots, scraping or similar data gathering or extraction methods on the Website use;
  • device, software or routine that interfere or attempt to interfere with the proper working of the Website;
  • any action that imposes a burden or load on the Website’s infrastructure that DCC deems in its sole discretion to be unreasonable.

In case you suspect that any content available on the Website violates your intellectual or other property rights, you are entitled to contact DCC as soon as possible at support@danube.travel. DCC will try to resolve your issue as fast as possible and in the most cost-efficient manner, directly with the user, although DCC cannot provide any guarantees.

COMPENSATION

You agree to defend and fully indemnify DCC and its affiliates and any their respective owners, officers, directors, employees, agents or other representatives from and against any claim, cause of action or demand, including, but not limited to, reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your:

  • use of the Website;
  • breach of these Terms and Conditions,
  • violation of law; or
  • infringement of the rights of a third party.

PRIVACY POLICY

Any personal data, which you provide by using the Website, is used in accordance with applicable data protection regulations and DCC’s Privacy Policy.

MODIFICATION OF TERMS AND CONDITIONS

DCC reserves the right to modify or supplement these Terms and Conditions for any reason without prior notice on the Website. DCC reserves the right to provide you with operating rules or additional terms and conditions that may govern your use of the Website generally, unique parts of the Website, or both.

Modified Terms and Conditions will be effective immediately upon posting on the Website so that they are accessible via a link on the Website. It is your responsibility to review the Terms and Conditions and the Website from time to time for any modification of the Terms and Conditions. By using the Website you consent to be bound by the current version of the Terms and Conditions. If you object to any modified Terms and Conditions, you may terminate your Membership or, if you do not have a Membership, immediately discontinue use of the Website.

GOVERNING LAW AND JURISDICTION

These Terms and Conditionsand its performance including provisions of this section shall be construed under and governed by the laws of the Republic of Serbia, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.

You and DCC agree that any dispute that may arise in respect of these Terms and Conditions shall be brought in courts located in Belgrade, Serbia to exclusive jurisdiction.

SEVERABILITY CLAUSE

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of these Terms and Conditions shall continue in effect.

Belgrade, 15 November 2012

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