Acceptance of Terms of Service
We provide this service to you subject to the following Terms of Service, which may be updated by us from time to time without notice to you. This might affect your rights and you should therefore check these Terms of Service regularly.
By accepting these Terms of Service you agree that you have read, understand and agree to be bound by these Terms of Service. You also agree that you have read, understand and agree to the Holiday-Secure Privacy policy and Security policy found elsewhere on this website.
Description of service
We keep your data safe and password-protected, and nothing else.
You buy access to this service and if you wish to continue using this service you can renew this payment once a year. We will advice you on how you can do this.
You can at any time cancel this agreement and completely delete all of your data from this service, if you want to do this, but you cannot get a refund once you have started using this service.
In general
By nature the Internet involves an element of risk which we can not control. Overwhelming traffic on telephone network services caused by users or computers, connection breakdowns on the Internet, different browsers used on different computers, and software or hardware failures are examples.
By accepting this Terms of Service you agree that:
- we provide no warranty for anything
- we do not guarantee anything
- we make no promises
You also agree that the phrases "always accessible", "at any time", "from everywhere", and the like used on this website any other places than in these terms should always be considered as intentions only and never as promises, guarantees or warranties.
You agree that no advice or information, whether oral or written, obtained by you through or from this service shall create any warranty.
You agree that human and/or technical failure(s) may occur, and if it does, you never get any compensation whatsoever.
You agree that you understand how to use this service and you understand that we do not cancel or block any credit card or phone. You are solely responsible of talking to your card issuer or your phone service provider and you are solely responsible of cancelling and/or blocking your card(s) and/or phone(s). This also applies if/when you are unable to access this service, no matter the reason.
You agree that you can only access your data by using a correct log-in and password. You cannot get it on the phone because we cannot decide if it is the legal person we are talking to and you cannot get it by letter or e-mail because we separate your identity from your data and we cannot and are not supposed to be able to differentiate your data, otherwise than if you log-in on Holiday-Secure's website with a correct log-in and password.
You agree that you are solely responsible for the data you may enter into this service and that we do not in any way check if your data may be faulty, defective, wrong, damaged, missing or in any other way insufficient. You solely must bear any consequence, also if your data for some reason or no reason has changed, mismatched, or disappeared with or without your knowledge, no matter if such incident may impute to you, any technical device(s), somebody else, or none, or any combination hereof, and no matter if you are, have, or have not been logged in to this service at the time, and/or before, and/or after the incident may happen, occur, or be discovered.
You agree to be responsible for keeping your log-in and password confidential and for any activity that occur under access to this service using your log-in and password, whether this is initiated by you self, or by others on your behalf, or in any other way. You agree that Holiday-Secure shall not be liable to you or any third party for any loss or damage that might arise from someone else accessing, changing, deleting and/or using your information with or without your approval and/or with or without your knowledge.
You agree that we, at any time, may suspend or even close down this service, in whole or partial, temporarily or permanently, without warning and/or notice and without any regard to the consequences for you, either in order to protect yours or any other ones data, or any other reason(s), or no reason, and we are not obligated to inform anybody, including you, of this.
You agree that the data you may enter into this service belongs to you, to none, or to us at our sole discretion and estimation of any situation. If you data gets lost or in any way damaged either on account of human, and/or technical failure(s), or any combination hereof, or on account of harmful and/or injurious action(s) against this service, or any other reason, we may try to, or we may omit to restore your data and we do not have any obligation whatsoever to do either of this or to succeed in doing what we may choose to do. We may even delete your data without warning or notice to you if we find it necessary in order to protect it and we shall never be liable for such decision no matter if the action later proves to be either right or wrong.
Copyright, trademarks and proprietary rights
The Holiday-Secure logo, and other graphics, designs, page headers, button icons, scripts and service names are protected by copyright laws and may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Holiday-Secure.
The names Holiday-Secure and HolidaySecure, logos, and product and service names are trademarks of Holiday-Secure. You agree not to display or use any of these in any manner, without prior permission from Holiday-Secure.
All content on the website and available through this service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement are the proprietary property of Holiday-Secure with all rights reserved. No site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, sold, or transmitted in any form or by any means, in whole or in part, without the prior written permission from Holiday-Secure.
Disclaimers
This website and/or this service may be temporarily unavailable from time to time for maintenance or other reasons.
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 communications. Holiday-Secure is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, including injury or damage to the user's or to any other person's computer, mobile phone, other hardware or software, and/or to the user itself.
Under no circumstances will Holiday-Secure be responsible for any loss or damage, including, but not limited to, any loss or damage to any user's content on this website, creditworthiness, financial circumstances, reputation, physically or mentally health, or personal injury or death, resulting from anyone's use of the website or service.
Your use of this service is at your sole discretion and risk. You agree that Holiday-Secure has made no express warranties, oral or written, to you regarding this service and that this service is provided to you on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, whether expressed, implied, or statutory, including, but without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or non-infringement of third party rights.
Holiday-Secure cannot guarantee and does not promise any specific results from use of this website and/or this service.
Holiday-Secure make no warranty that (i) this service will meet your requirements; (ii) the quality of this service, or any information or other material obtained by you through this service will meet your expectations; (iii) this service will be uninterrupted, accurate, complete, reliable, current, timely, secure or error-free; and/or (iv) any errors in this service, its mode of operation, or its software will be corrected.
Holiday-Secure reserves the right to change any and all content, software and other items used or contained in this website and any service(s) offered through this website at any time without notice.
Limitation on liability
You expressly understand and agree that Holiday-Secure and/or its directors, managers, employees or agents shall not be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, reliance, special or punitive damages, including, but not limited to, business interruption, damages for loss of profits, anticipated profit, savings, information, goodwill, use, data or other pecuniary or intangible losses arising from (i) the use or the inability to use this website or this service; (ii) the cost of procurement of substitute goods and/or services resulting from any data, information or service(s) obtained from or messages received or data entered into or received through or from this service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party related to this service; or (v) any other matter relating to this service, even if Holiday-Secure is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, shall Holiday-Secure's liability in no case for any claim, whether in contract, tort, or any other theory of liability, exceed the amount paid by you for this service within a year, and Holiday-Secure's liability to you will never in any event exceed $24, no matter if you may have purchased any additional service(s). You acknowledge that if no amount is paid to Holiday-Secure for this service, Holiday-Secure shall not be liable to you for any damages, regardless of the cause of action.
You agree to hold Holiday-Secure harmless from any action which would otherwise assess damages, including, but not limited to, direct, indirect, consequential, or other damages of any kind, from your person or business. You also agree not to third party Holiday-Secure into any action you may be involved in, and if Holiday-Secure does become involved in such actions, you promise to provide full indemnification and to hold Holiday-Secure completely harmless in any way.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages or may consider these Terms of Service as unfavourable to one of the parties. If this applies to you, you must not buy and/or use this service. It is always solely your responsibility to gain knowledge and keep you informed of the laws at your localization. This applies also if such statute is, or will be, provided after you may have started to use this service. In such case you must, instantly and without delay, stop to use this service and you can not claim any refund.
Termination
You may cancel this agreement and completely delete all of your data from this service at any time you may like without any notice or reason by using this option in your personal settings.
We may cancel your access, delete any content or information that you have entered into this service and/or prohibit you from using or accessing this service and/or website (or any portion, aspect or feature of this service and/or website), at any time at our sole discretion, with or without notice (i) if we believe that you violate the Terms of Service; (ii) if we close down or suspend this service; (iii) if we decide to use this website for another purpose; (iv) for any other reason; or (v) no reason, and we are not in any case obligated to inform anybody, including you, of the reason.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or this service, provided by you to Holiday-Secure are non-confidential and becomes the our sole property. Holiday-Secure shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of any submission for any purpose, commercial or otherwise, without acknowledgement or compensation to you. We may reward you by a year of free access or the like without this should be considered as a deal and we are not obligated to do this.
Governing law, venue and jurisdiction
By visiting or using the website and/or this service, you agree that the laws of the State of Denmark, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Holiday-Secure. You and Holiday-Secure agree that any charge shall be submitted to solely the jurisdiction of the court located in Viborg, Denmark. You agree not to commence or prosecute any action in connection therewith other than to the court of Viborg, Denmark, and you hereby consent to, and waive all defences of lack of personal jurisdiction with respect to, venue and jurisdiction in the state and courts of Denmark.
You agree that in any conflict or any dispute of any sort that might arise, shall all material provided by you or your deputy be presented in English language enclosed a complete translation into Danish or in Danish language enclosed a complete translation into English and you agree to indemnify and hold Holiday-Secure harmless from any translation expenses arising from any dispute.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify and hold Holiday-Secure, its suppliers, contractors, and co-operation partners, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any use of this service, your connection to this service, or your violation of these Terms of Service.
Other
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
These Terms of Service constitute the entire agreement between you and Holiday-Secure and governs your use of this service, superseding any prior agreements between you and Holiday-Secure relating to your use of or this service. The failure of Holiday-Secure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, unlawful, void or for any reason unenforceable, the parties agree that that provision only shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions which shall continue in full force and effect.
You may without warning or notice be subject to additional terms and conditions if we change these Terms of Service. Holiday-Secure reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the bottom of this page the date these terms were last revised. You agree that Holiday-Secure shall not be liable to you or to any third party for any modification, suspension or discontinuance of this service and that your continued use of this service or the website after any such changes shall be assumed as your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) this service. It is your responsibility to regularly check the website to determine if there have been changes to these Terms of Service and to review such changes.
This Terms of Service was last modified on December 15, 2008.
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