By using the Gulliver Services (as defined below) which are owned and operated by GulliverGo, Inc., a Delaware corporation ("Gulliver") and by accessing the Gulliver Site located at http://www.gullivergo.com, and all linked pages owned and operated by (the "Gulliver Site"), you agree to be bound by these terms of service, as well as Gulliver’s Privacy Policy, Copyright Agreement and any other guidelines, rules and additional terms referenced herein, and the Privacy Policy, Copyright Agreement and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service", and "Agreement").
Gulliver's on-line services (the “Service” or “Services”) which are available at the Gulliver Site will, among other things, help you research study abroad programs and destinations, plan your study abroad trip, allow you to view reviews and discussions posted by other Gulliver users, post your own reviews and discussion, create a member profile, upload photos, and interact with other Gulliver users. These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Gulliver Site and Gulliver Services. Please read these Terms of Service carefully. Your access to or use of the Gulliver Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the Gulliver Site.
Gulliver retains the right to ban any user who violates the terms of service of Gulliver.
Gulliver reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Gulliver Services at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility
Use of and Membership in the Gulliver Website (“Membership”) is void where prohibited. By using the Gulliver Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are able to enter into legally-binding contracts and/or youand are 185 years of age or older; and (d) your use of the Gulliver Services does not violate any applicable law or regulation. Your profile may be deleted and your mMembership may be terminated without warning, if we believe that you do not meet Gulliver’s Membership requirementsare under 15 years of age.
2. Changes to this Agreement or the Gulliver Services
You agree and understand that these Terms of Service (and all other agreements, policies, rules and guidelines referred to herein), the Gulliver Site and the Gulliver Services may be modified by Gulliver at any time without prior notice, and such modifications will be effective upon Gulliver's posting of the new terms and/or upon implementation of the new changes on the Gulliver Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Gulliver Service after any modifications indicates your acceptance of the modified Terms of Service (and all other agreements, policies, rules and guidelines referred to herein). Unless expressly stated otherwise by Gulliver, any new features, new services, enhancements or modifications to the Gulliver Site and Service implemented after your initial access to the Service shall be subject to these Terms of Service.
3. Registration and Security
In order to use or access some of the Gulliver Services, you may arebe required to register with Gulliver and to select a password, user name, and provide an email address you own and use ("User ID"). If you register, you agree to provide Gulliver 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) enter, select or use a false name or an email address owned or controlled by 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 yourself without appropriate authorization. Gulliver reserves the right to refuse registration of, or cancel a User ID in its sole and absolute discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Gulliver Service shall be for your personal use only. You agree to (a) immediately notify Gulliver of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
4. Use of the Site/Services by Members
You may use the Gulliver Site to:
Gulliver does not control the Content posted by third parties via the Gulliver Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content; however, Gulliver reserves the right to remove or edit any Content in its sole and absolute discretion. . You understand that by using the Gulliver Service you may be exposed to Content that is offensive, indecent or objectionableindecent, objectionable and/or illegal in your jurisdiction. Under no circumstances will Gulliver be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Gulliver Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
5. Restrictions on Rights to Use
You shall not (and you agree not to allow any third party to):
6. Content submitted by you on the Gulliver Site
7. Your interaction with other users
8. Privacy
Use of the Gulliver Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
9. Term
This Agreement shall remain in full force and effect while you use the Gulliver Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Gulliver may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 8-13.
10. Disclaimer
THE Gulliver GULLIVER SITE IS PROVIDED BY Gulliver ON AN "AS IS" BASIS. Gulliver GULLIVER AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE GULLIVERGulliver SITE, GULLIVERGulliver SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE GULLIVERGulliver SITE OR IN ASSOCIATION WITH THE GULLIVERGulliver SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GULLIVER Gulliver AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GULLIVER Gulliver AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE GULLIVER Gulliver SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GULLIVER Gulliver IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE GULLIVER Gulliver SITE OR ANY OTHER THIRD-PARTY. Gulliver does not warrant or covenant that the Gulliver Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Gulliver Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Gulliver Service is accessed at your own discretion and risk and 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM GULLIVERGulliver, THE GULLIVER Gulliver SITE OR THROUGH OR FROM THE GULLIVER Gulliver SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
11. Limitation on Liability
Gulliver shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Gulliver's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, GulliverGULLIVER AND ITS AFFILIATES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GulliverGULLIVER'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO GulliverGULLIVER FOR THE GulliverGULLIVER SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $5100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
12. Indemnity
You agree to indemnify and hold Gulliver, its parents, subsidiaries, affiliates, officers, directors, stockholders, agents and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Gulliver Site, (ii) your use of the Gulliver Services, (iii) the violation of these the Terms of Service by you (including all other agreements, policies, rules and guidelines referred to herein), or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
13. Other
This Agreement (including all other agreements, policies, rules and guidelines referred to herein) constitutes the entire agreement between you and Gulliver regarding the use of the Gulliver Services. The failure of Gulliver to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Gulliver is a trademark of Gulliver, Inc. Corp. These Terms of Service operate to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is (i) deemed amended to the extent necessary to conform to applicable law, (or) severable from this Agreement, and does not affect the validity and enforceability of any remaining provisions.
Copyright Agreement
Any capitalized terms not defined herein shall have the meanings set forth in Gulliver’s Terms of Service
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Gulliver or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Gulliver, and its directors, officers, employees, stockholders, agents, licensees, successors and assigns, from any claims that you could otherwise assert against Gulliver by virtue of any such moral rights.