Hostel Buddies | Terms of Use

Hostel Buddies Terms of Use
Last updated on June 24, 2007

Hostel Buddies.com is a social networking and travel services site that allows site users to 1) create unique personal profiles to share with other users, 2) communicate with other users through a variety of site features, and 3) plan and book travel.

The Hostel Buddies service is operated by Hostel Buddies ("we," "us," or "Hostel Buddies"). By using Hostel Buddies.com website ("Website") and Hostel Buddies.com services (“Services”), you agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you register as a member of Hostel Buddies.com (“Member”). If you wish to become a Member, communicate with other Members, and make use of the Service, read this Agreement and follow the instructions in the registration process. If you do not agree to any of these terms, then please do not use the Hostel Buddies Website.

Eligibility	Copyright Policy
Additional Terms	Member Disputes
Password	Disclaimers
Term	Limitation on Liability
Fees	Disputes
Non Commercial Use by Members	Indemnify
Proprietary Rights in Content	U.S. Export Controls
Content Posted on the Services and the Website	Survival
Additional Restrictions on Your Use of the Website	Other
Association Profiles	Copyright/Trademark Information

1. Eligibility

You must be sixteen (16) years or older to use the Website, register as a Member, or create an Association Profile. Use of the Website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the Website and have not yet registered to become a Member, your use of the Website is still subject to this Agreement; if you do not agree to this Agreement, do not use the Services.

2. Additional Terms

Please note that when using particular functionalities and features that are part of the Services, you may be subject to additional guidelines, terms, or rules applicable to such functionalities and features ("Additional Terms"), which may be posted from time to time. Unless otherwise provided by the additional terms and conditions applicable to the Hostel Buddies Services in which you choose to participate, those additional terms are hereby incorporated by reference into this Agreement.

If such additional functionalities and features are provided to us by any of our partners (such as, but not limited to, media players for content provided by our licensors) the additional terms that govern your use of such functionalities and features are not incorporated into this Agreement, but shall govern your use of such functionalities and features and you hereby agree to comply with and be bound by such terms as a condition to your access and use of such functionalities and features.

3. Password

When you sign up to become a Member, you will also be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Hostel Buddies.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Term

This Agreement will remain in full force and effect while you use the Services and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the "Help" pages, or upon receipt by Hostel Buddies of your written or email notice of termination.

We may terminate your membership and/or access to the Website for any reason effective upon sending notice to you at the email address you provide in your registration for membership or such other email address as you may later provide to us. If we terminate your membership in the Service because you have breached the Agreement, you will not be entitled to a refund of any unused subscription fees or deposits, if any. Even after membership is terminated, certain sections of this Agreement will remain in effect. See Section 16 for a list of provisions of this Agreement that will survive the terminations of your membership.

5. Fees

All Services are currently free of charge. However, trip reservations require a non-refundable deposit.

You also acknowledge that we reserve the right to charge for the Services and to change its fees from time to time in its discretion. If we terminate your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

6. Non Commercial Use by Members.

The Service and the Website are for the personal use of individual Members only. Unless you have registered an Association Profile (see Section 10 below), you may not use the Website or the Service in connection with any commercial endeavors without our express written consent in each case. Organizations, companies, and/or businesses (other than Member Associations who have registered Association Profiles) may not become Members and should not use the Service or the Website for any purpose. No Member may copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by Hostel Buddies or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your Hostel Buddies profile or other content uploaded on the Website for the purpose of extracting such information or other content.

7. Proprietary Rights in Content

We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Hostel Buddies, our Members, and our licensors. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.
By publishing, displaying, or uploading (collectively, "Posting") any text, links, photos, video, messages, or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to Hostel Buddies an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

8. Content Posted on the Services and the Website

You understand and agree that we may review and delete any Content that you include in your profile, or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other Member.
Hostel Buddies.com assumes no responsibility for monitoring the Hostel Buddies Services for inappropriate Content or conduct. If at any time Hostel Buddies.com chooses, in its sole discretion, to monitor the Hostel Buddies Services, Hostel Buddies.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
Unless you are a Member Association who has registered an Association Profile (see Section 10 below), your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
You are solely responsible for the Content that you post on or through any of the Hostel Buddies Services, and any material or information that you transmit to other Members and for your interactions with other Members.
You may not harass, threaten, impersonate or intimidate other users.
You are not permitted to transmit any worms, trojans, or viruses.
You are not permitted to post or transmit any content that is obscene, vulgar, libelous, harmful, or hateful.
You are not permitted to transmit or upload any form of unsolicited or unauthorized advertising.
You are not permitted to use this Service or Website for any illegal or unauthorized purposes.
International users agree to comply with their respective local laws regarding online conduct and acceptable content.
You are not permitted to upload any adult "Content" including images or text.
Hostel Buddies.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Hostel Buddies.com prior to posting and does not necessarily reflect the opinions or policies of Hostel Buddies.com. Hostel Buddies.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

9. Additional Restrictions on Your Use of the Website and the Service

You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
Unless you are a Member Association who has registered an Association Profile, you may not include in your Member profile any telephone numbers, street addresses, or e-mail addresses.
Although Hostel Buddies cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and Hostel Buddies. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.

10. Association Profiles

If you wish to create a profile on behalf of a public person, group, entity, or organization (an “Association Profile") or otherwise wish to use the Website or the Service to promote a person, business, product, or service, you must complete the Association Profile Registration Form, and you or your Association Profile must be approved by Hostel Buddies. If your Association Profile is approved, you will become a "Member Association" under this Agreement. Until such approval is obtained you may not create a Member profile or use the Service on behalf of any group, entity, or organization or otherwise to promote any person, business, product, or service. Hostel Buddies reserves the right to deny approval of an Association Profile at any time and for any reason or for no reason.
In completing the Association Profile Registration Form and submitting it for approval, you agree, on behalf of yourself or your group, entity, or organization (as applicable), to adhere to and be bound by all of the terms of this Agreement applicable to Members in general, as well as the provisions of this Section 10 applicable only to Association Profiles. Unless otherwise expressly provided herein, any reference to a "Member" or "Members" in this Agreement, shall also be deemed a reference to a Member Association or Member Associations (as applicable). Notwithstanding Hostel Buddies’ prior approval of any Association Profile, Hostel Buddies reserves the right, at any time, in its sole and absolute discretion, and for any reason or no reason, to delete any Content that is included in any Association Profile (which may include the deletion of the entire Association Profile) or to revoke such Member Association’s membership.
Although the features available on Association Profiles and elsewhere on the Website and the Service for Member Associations may from time to time include features not available to individual Members, Hostel Buddies reserves the right, at any time, in its sole and absolute discretion, and for any reason or no reason, to change, add, remove, or selectively allow the use by any Association Member of any such feature.
Subject to Hostel Buddies' absolute right to approve or disapprove any Association Profile, the following individuals, groups, entities, and organizations may be eligible to create Association Profiles:
- Actors
- Artists
- Athletes
- Bars or Nightclubs
- Celebrities
- Churches and other Religious Groups
- Clubs
- Events or Festivals
- Fashions (e.g., Brands, Retail Outlets, etc.)
- For Profit Businesses
- Journalists
- Models
- Non-Profit Organizations
- Promoters
- Publications
- Restaurants
- Sports Teams or other Sporting Organizations
- Travel-Related Entities
- Websites

Please Note, however, that the above list is not exhaustive, and Hostel Buddies may, in its sole and absolute discretion and at any time, require any Member to register an Association Profile as a condition to such Member's use of the Website or the Service, even though such Member or such Member's entity, group, organization, product, or service is not expressly listed above.

The Association Profile created and maintained by each Member Association must describe only such Member Association and the person, group, entity, organization, business, product, or service associated with such Member Association, all substantially as reported to Hostel Buddies upon approval of such Association Profile. If you wish to add any new or additional person, group, entity, organization, business, product, or service to an existing Association Profile, you must complete a new Association Profile Registration Form and submit it for approval.
In the event that your or your group's, entity's, or organization's Association Profile is approved, you represent and warrant to Hostel Buddies that:
- You or your group, entity, or organization (as applicable) has the right and full power and authority to enter into this Agreement;
- If your group, entity, or organization is a corporation, limited liability company, limited partnership, trust, or other form of organized entity:
  1. it is duly organized, validly existing, and in good standing under the laws of the state of its incorporation or formation, and
  2. the agreement to become a Member Entity, create an Association Profile, and be bound by the terms of this Agreement have been duly authorized and approved by such association;
- This Agreement is a valid and binding agreement of the Member Association, enforceable in accordance with its terms;
- Any individual entering into this Agreement on behalf of the Member Association has full authority to agree to these terms and to bind the Member Association fully to this Agreement; and
- All information with regard to either the Association Profile, the Member Association, or its business, products, services, clients, or customers provided to Hostel Buddies is and will be complete and accurate in all respects.

11. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Hostel Buddies.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Hostel Buddies.com by the copyright owner or the copyright owner's legal agent. We will remove user submitted "Content" if properly notified that such "Content" infringes on another's intellectual property rights.

12. Member Disputes

Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member’s use or disclosure of your personally identifiable information. You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

13. Disclaimers

We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether caused by users of the Website, Members, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.
Inclusion of any linked websites on the Services does not imply approval or endorsement of the linked website by Hostel Buddies.com. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers.
We are not responsible for the conduct of Members or other users to the Website and the Services, either online or offline. We are not responsible for any loss or damage, including but not limited to personal injury or death, resulting from the use of the Website, Content, or Service.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member, or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website, or otherwise in any way in connection with the Service. The Website and the Service are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein.

14. Limitation on Liability

Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.

15. Disputes

If there is any dispute about or involving the Website or the Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Jose for the resolution of any such dispute.

16. Indemnify

You agree to indemnify and hold Hostel Buddies, its subsidiaries, affiliates, officers, agents, partners, corporate, and its employees harmless from any claim, loss, liability, or demand, including any reasonable attorney's fees made by any third party due to or arising out of your Content that you have transmitted or uploaded to Website, or through use of the Services, your violation of this Agreement, or any violation of your representations and warranties set forth above.

17. U.S. Export Controls

Software available in connection with the Hostel Buddies Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Hostel Buddies Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

18. Survival

Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 4 (Term), Section 5 (Fees), Section 7 (Proprietary Rights in Content), Section 10 (Association Profiles), Section 12 (Member Disputes), Section 13 (Disclaimers), Section 14 (Limitation on Liability), Section 15 (Disputes), Section 16 (Indemnity), Section 17 (U.S. Export Controls), Section 18 (Survival), Section 19 (Other) and Section 20 (Copyright/Trademark Information).

19. Other

This Agreement, together with our Privacy Policy, contains the entire agreement between you and Hostel Buddies regarding the use of the Website and/or Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

20. Copyright/Trademark Information.

Copyright © 2007, Hostel Buddies. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.