1. Definitions
This Web site (www.europeusatravel.com) is the interactive online service operated by Europe USA Travel, Inc, ("EUSA ") on the World Wide Web of the Internet, and consists of information, services, and content provided by EUSA. "Subscriber" means each person who accesses the EUSA Web site. By accessing the Web site, Subscriber is deemed to have agreed to comply with all of the terms and conditions hereof.
2. General
EUSA shall have the right at any time to change or discontinue any aspect or feature of the Web site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
EUSA shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of the Web site or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Web site or by any means of notification by which Subscriber obtains actual knowledge thereof. Any use of the Online Services by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications, additions or deletions.
4. Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Online Services and all charges related thereto.
5. Subscriber conduct
(A) Subscriber shall use the Web site for lawful purposes only. Subscriber shall not post or transmit through the Web site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute criminal offense, give rise to civil liability or otherwise violate any law, or which, without EUSA's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by Subscriber that in EUSA's discretion restricts or inhibits any other subscriber from using or enjoying the Web site will not be permitted.
(B) The Web site contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Web site are copyrighted as a collective work under the United States copyright laws. EUSA owns and/or controls copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of EUSA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
6. Disclaimer of Warranty; Limitation of Liability
(a) Subscriber expressly agrees that use of the web site is at subscriber's sole risk. EUSA does not warrant that the online services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the web site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the online services.
(b) The online services are provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
(c) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that the online distributor is not liable for the defamatory, offensive, or illegal conduct of other subscribers or third parties and *that the risk of injury from the foregoing rests entirely with subscriber.
7. Monitoring*
EUSA shall have the right, but not the obligation, to monitor the content of the Web site, to determine compliance with this Agreement and any operating rules established by EUSA. EUSA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web site. Without limiting the foregoing, EUSA shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any Subscriber who fails to conform to any provision of this Subscriber's Agreement access to the Web site.
8. Indemnification
Subscriber agrees to indemnify and hold harmless EUSA from and against all claims and expenses, including attorneys' fees, arising out of the use of the Web site by Subscriber or Subscriber's Account.