TERMS & CONDITIONS

This is a legal agreement between You and Say Yes Luxury Travels.   This document describes the terms and conditions governing your use of and access to the syluxurytravels.com website (the “Site”) owned and operated by Say Yes Luxury Travels (hereinafter “our”, “we”,  or “us”).  You should carefully read this agreement and our Privacy Policy, which is incorporated into and are part of this agreement. YOU MAY NOT USE OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.

All references to Say Yes Luxury Travels include syluxurytravels.com, which is a travel advising and information site. 

By accessing the Site, including but not limited to, our hosting servers, web site, applications and content therefrom, you agree to these Terms of Use (the “TOU”). Our Privacy Policy is expressly incorporated herein and made a part of the TOU.

We may change, add, or remove portions of the TOU in the future. These changes will be effective immediately upon posting here. It is your responsibility to review these changes before continuing to use or access the Site because continued use of the Site indicates acceptance by you of the TOU then in effect. We may notify users of changes to the TOU, but we are not obligated to do so.

UNLAWFUL OR PROHIBITED USE OF INTELLECTUAL PROPERTY 

If you are thirteen years of age or older, we grant you a limited, revocable, non-exclusive, non-assignable license to access the Site in compliance with the TOU. Unlicensed access is unauthorized. You may not use the Site is any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. 

You agree not to license, distribute, make derivative works, display, sell, or “frame” content from the Site, excluding content you create. All content of the Site, including text, graphics, logos, images, as well as the compilation of and any software used on the Site is the property of Say Yes Luxury Travels or its suppliers. It is protected by copywriter and other intellectual property laws and proprietary rights. You agree to observe and abide by all copyright and proprietary rights. 

You grant us a non-exclusive, perpetual, irrevocable, unlimited, world-wide, fully-paid, license to us, copy, distribute, display, perform, and create derivative works of any content you post in any form now known or hereinafter developed. The rights you grant in this license are for the limited purposes of (1) allowing us to operate and improve the Site and the services we offer on the Site and (2) promoting your content through the Site and through other channels.

You will not modify, publish, transmits, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content on the Site in whole or in part. Content is not for resale. You will use content exclusively for your personal use and will make no other use of the content without the express written consent of Say Yes Luxury Travels and the copywriter owner. You agree that you do not acquire any ownership rights in any protected content. 

You are solely responsible for all content you post on the Site. You represent and warrant that you own all such content and/or have all necessary rights to post such content.

USAGE

You are not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with the Site, e.g. for downloading, uploading, posting, flagging, emailing, search or mobile use.. Robots, spiders, scripts, scrapers, crawlers, etc., are prohibited. You agree not to collect users’ personal and/or contact information (“PI”).

You agree not to upload to, distribute, or otherwise publish any defamatory, obscene, pornographic, abusive, prohibited or otherwise illegal content to the Site.You agree that you will not threaten or verbally abuse other users, or deliberately obstruct the use or access to the Site by others.

SIGN IN THROUGH THIRD PARTY ACCOUNTS

We may allow users to sign-in using third parties like Google, Twitter, and Facebook. By using those third-party services, you agree to all of their terms of use as well.

COMMUNICATION

Accessing syluxurytravels.com or sending emails to Say Yes Luxury Travels constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or through the Site, satisfy any legal requirement that such communications be written. 

You agree that when using a communication service on the Site, defined as bulletin board, chat areas, forums, calendars, and/or other messages or communication facilitates for public communication, that you will not defame, abuse, harass, stalk, threaten, or otherwise violate legal rights of others. You also agree that you will not publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software protected by intellectual property unless you control the rights or obtain the necessary consents; advertise or offer to sell or buy any goods or services for any business purpose’ conduct or forward surveys, contests, pyramid schemes, or chain letters; upload files that contain viruses or corrupted files; falsify or delete any author attributions, legal, or other proper notices; restrict or inhibit any other user from using and enjoying the communication services; violate any code of conduct or other guidelines; harvest or collect information from others without their consent; violate any applicable laws or regulations. 

LINKED SITES

This website does contain links to external sites. Say Yes Luxury Travels is not responsible for the content, privacy practices, or terms related to external sites. We may also include linking devices, directories, or search tools that allow you to access third party web sites and pages (hereinafter referred to as “Linked Sites”). You agree that we are in no way responsible for the Linked Sites. If you access a Linked Site for any reason, you do so at your own risk. Your use of any Linked Site and any personally identifiable information that you provide to any third party through a Linked Site is subject to the terms and conditions and privacy policy of such Linked Site, and not subject to the TOU. 

CHILDREN

Say Yes Luxury Travels does not knowingly collect personally identifying information from individuals under the age of thirteen. Any users under the age of thirteen should obtain permission from a parent or guardian for permission to use this site. 

CANCELLATIONS/REFUNDS

Cancellations and refunded for any travel services will be governed by the travel vendor being used for the client service. Any additional cancellation or refund provided directly from Say Yes Luxury Travels will depend upon service and will be outlined in the client agreement. 

CONTESTS AND PROMOTIONS

From time to time, we may offer our users the opportunity to enter and participate in contests, promotions, simulations or games (collectively, “Contests”) through the Site. To participate in Contests, users may be required to complete a registration form. Upon submission, all registrations become our exclusive property. Registered users (each, a “Registered User”) are permitted only one account. Registered Users who participate in Contests using more than one account are subject to immediate disqualification unless the description of the particular Contest expressly invites a user to register multiple times. You as a Registered User agree to release us, our agents, advertisers, sponsors and promotional partners from all liability arising from your participation in any Contest located on or accessed through the Site. You agree to be bound by the rules of any Contest you participate in. A Registered User who violates any of the rules or guidelines published by the Contest or located on the Site is subject to immediate disqualification from the Contest and registration revocation. Some Contests may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Contest. We reserve the right to cancel, terminate or alter any Contest or the rules thereof at any time without prior notification.

DISCLAIMER

Many jurisdictions have laws protecting consumers and other contract parties and limiting their ability to waive certain rights and responsibilities. We respect such laws; nothing herein shall waive rights or responsibilities that cannot be waived.

To the extent permitted by law,

1. We make no promise as to the Site and content thereon, or their completeness, accuracy, availability, timeliness, propriety, security or reliability;
   

2. Your access and use of the Site are at your own risk, and the Site is provided “AS IS” and “AS AVAILABLE”;
   

3. We are not liable for any harm resulting from your use of the Site or our representations;
   

4. We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or servers that make it available are free of viruses or other harmful elements;
   

5. SAY YES LUXURY TRAVELS AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (collectively “COMPANY”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
   

6. YOU AGREE THAT COMPANY IS NOT LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. PROFITS, REVENUE, DATA OR GOODWILL), HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY;
   

7. YOU AGREE THAT IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY EXCEED $100.
   

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TOU AND THE AGREEMENT BETWEEN US AND YOU.

CLAIMS

You agree:

1. Any claim, cause of action or dispute (each a “Claim”) arising out of or related to the TOU or your use and access to the Site is governed by New York (“NY”) law regardless of your location or any conflict of law principle.
   

2. Claims must be resolved exclusively by state and federal courts located in New York, NY (except that we may seek injunctive remedy anywhere);
   

3. To submit to the personal jurisdiction of said courts;
   

4. Any claim must be filed within one year after it arose or be forever barred;
   

5. Not to bring or take part in any class action suit against us;
   

6. To indemnify the Company for any damage, loss, and expense, including, but not limited to, legal fees, arising from claims related to your use of the Site;
   

7. To pay us for breaching or inducing others to breach the USAGE section of the TOU, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate); $0.25 per server request; $1 per post, email, flag or account created; $10 per item of PI collected; and $1,000 per software distribution, capped at $25,000 per day.
   

ENTIRE AGREEMENT

The TOU constitutes the exclusive and entire agreement between you and us with respect to your access and use of the Site. If a term in the TOU is unenforceable, no other terms of the TOU will be affected. If a translation of the TOU conflicts with the English translation, the English translation controls.

Please refer to our Privacy Policy, which is incorporated into the TOU, for information on how we collect, use, and share data and PI.