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PointCalendar.com Terms of Service (Revised Jan 15, 2023)
PointCalendar.com is owned and operated by Like the Island, LLC, an independent entity (hereafter, 'PointCalendar', all of which may or may not use the '.com' domain). The information contained within the site is neither confirmed nor reviewed by any of the merchants or travel suppliers, which may be discussed or presented.The services offered by PointCalendar.com include the PointCalendar website, and any other features, content, or applications offered from time to time by PointCalendar, in connection with the PointCalendar website (collectively, the "Service"). This Terms of Service Agreement ("Agreement") sets forth legally binding terms for your use of the Service. By using the Service you accept and agree to be bound to the following terms and conditions whether or not you register as a Member of PointCalendar.
1. Definitions
PointCalendar will use the following terms in this Agreement:
"Content" - all data, text, files, images, photos, video, sounds, musical works, works of authorship, information, links or any other materials.
"Member" - a user that completes the PointCalendar registration process.
"Information" means any data or Content provided to PointCalendar, including information which could be used to personally identify you.
"Post" or "posting" - publish or display.
2. Rules of Conduct
You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You are solely responsible for all Content that you post, upload, email, transmit or otherwise make available on the Service, or any material or Information that you transmit to other Members. You agree to use the Service only to send and receive messages and material that are legal, proper and related to the subject matter of PointCalendar.
You agree to use the Service in ways that are respectful to other users and their experience and in a manner consistent with any and all applicable laws and regulations. You agree not to use the Service to:
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive of another's privacy, hateful or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Exploit people in a sexual or violent manner;
Solicit personal Information from anyone under the age of 18;
Solicit passwords or personal identifying Information for commercial or unlawful purposes from other users;
Impersonate another person or entity, whether or not a Member of PointCalendar;
Upload, post, email, transmit or otherwise make available restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (collectively the "Proprietary Rights"), unless you are the owner of the Proprietary Rights or have the permission of its owner to post such Content;
Upload, post, email, transmit or otherwise make available any Content that promotes an illegal or unauthorized copy of the copyrighted work of another, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Upload, post, email, transmit or otherwise make available any Content that provides instructional information about illegal activities such as making or buying illegal weapons or promote physical harm or injury against any group or individual, violating someone's privacy, or providing or creating computer viruses;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels stating the origin or source of software or other material contained in a file that is posted;
Promote, engage or otherwise make available any unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, disruptive commercial messages, false or misleading information or any other form of solicitation;
Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
Create any posts that could adversely affect the longevity of the site. Attempt to reverse engineer, disassemble, decrypt or decompile the Service or any systems of PointCalendar;
Do anything that may interfere with the operation of the Service, including, but not limited to, hacking, spamming and flood attacking;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Use of any robot, spider, site search, retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or in any way gather or extract content on or available through the Site or reproduce or circumvent the navigational structure or presentation of the site without Web site Owner's express written consent is prohibited;
Modify, publish, copy, transmit, transfer, sell, reproduce, create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, display or in any way commercially exploit any of the content; provided, however, you may download one copy of the content for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices;
Submit Content that falsely expresses or implies that such Content is sponsored or endorsed by PointCalendar; or
Create user accounts by automated means, or under false or fraudulent pretenses.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or to or from your country of residence and expressly consent to and acknowledge that by using the Service they may be transferring personal data to the United States without any liability or obligation on the part of PointCalendar except as set forth in this Agreement and in PointCalendar.com's Privacy Policy.
Although PointCalendar cannot monitor the conduct of its Members off the website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
Content
You understand and agree that PointCalendar may review and delete any Content, as well as remove or change any features adn services that are currently available, in its sole discretion. You also agree that PointCalendar owns all domain and subdomain addresses within its network, and may take any action with respect to any address at any time for any reason in its sole discretion. All information contained on PointCalendar.com is copyrighted by PointCalendar and may not be reproduced or copied in any manner without the express written permission of PointCalendar, except users retain a license to republish their own work. All Information posted to the PointCalendar becomes the property of PointCalendar and is included in this copyright. By posting you grant and assign PointCalendar an irrevocable right to use this Information for any purpose without notice or compensation.
You understand and agree that PointCalendar may review and delete any Content, as well as remove or change any features adn services that are currently available, in its sole discretion. You also agree that PointCalendar owns all domain and subdomain addresses within its network, and may take any action with respect to any address at any time for any reason in its sole discretion. All information contained on PointCalendar.com is copyrighted by PointCalendar and may not be reproduced or copied in any manner without the express written permission of PointCalendar, except users retain a license to republish their own work. All Information posted to the PointCalendar becomes the property of PointCalendar and is included in this copyright. By posting you grant and assign PointCalendar an irrevocable right to use this Information for any purpose without notice or compensation.
You understand that all Content is the sole responsibility of the originator of such Content. This means that you, and not PointCalendar, are entirely responsible for all Content that you post, upload, distribute, disseminate or otherwise transmit via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PointCalendar be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or loss or damage of any kind whatsoever incurred as a result of the use of or exposure to any Content through the Service. You agree that you must evaluate, and bear all risks associated with, the use of or exposure to any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge that PointCalendar is under no obligation to pre-screen, control, edit or endorse Content made available through the Service nor to monitor the Content made available via the Service. If PointCalendar discovers Content that does not appear to conform to this Agreement, PointCalendar may determine in good faith and in its sole discretion whether or not to remove the Content. PointCalendar is under no obligation to do so and PointCalendar will have no liability or responsibility for performance or non-performance of such activities.
You acknowledge and agree that PointCalendar may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PointCalendar its users and the public. You are solely responsible for your interactions with other users of the Service. PointCalendar reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.
3. Eligibility and Registration
Membership in the Service is void where prohibited by law. You do not need to be a Member to read or search certain Content on PointCalendar, however some features (including alerts and notifications) will requires you to complete the registration process. By using the PointCalendar website and the Service, you represent and warrant that all registration Information you submit is truthful and accurate, and that you agree to maintain the accuracy of such Information on an ongoing basis. To comply with the Children's Online Privacy Protection Act, at this time PointCalendar is only available to users who are at least 13 years old. IF YOU ARE UNDER 13, YOU MAY NOT REGISTER TO USE THE SERVICE OR PROVIDE PERSONAL INFORMATION TO PointCalendar.com THROUGH THIS WEB SITE.
Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other users. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.
4. Term and Termination
This Agreement shall remain in full force and effect while you use the Service, and/or are a Member.
5. Other Sites
Some links on the Service lead to sites owned by others. Because PointCalendar has no control over these sites, PointCalendar is not responsible for such sites' accessibility via the Internet and does not endorse, guaranty or warrant those products, services, or information provided by such sites, regardless if there is or is not a relationship between PointCalendar and these other sites. As such, PointCalendar is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use of or reliance by any user of other Content, goods, or services available on or through any other site, even if user has been directed there through a link posted on PointCalendar.
PointCalendar is an independent entity and the information contained here is not supplied or reviewed by any other travel sites or their suppliers in any way. The information contained within the PointCalendar website is not reviewed, confirmed, refuted, commented on, or corrected by any other entity whose business may be represented here. PointCalendar may maintain affiliate programs and/or custom programs with companies whose links and/or names appear on this site, which may result in compensation. We will do our best to remain objective in the advice that is given, and you are free to question the logic behind our recommendations.
6. Limitations, Conditions and Rules Regarding Service
You agree that PointCalendar may establish or change, in its sole discretion, at any time, with or without notice to you, any limitations, conditions or rules concerning use of the Service.
7. Modification and Termination of Service
PointCalendar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) or your use of the Service, with or without notice. You agree that PointCalendar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or your use of the Service.
You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that PointCalendar shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Even after Membership is terminated, this Agreement will remain in effect.
lack of use.
violation of the letter or the spirit of this Agreement.
use in your registration for PointCalendar Membership of an email account that is not your own or that is or becomes inactive.
reproduction, distribution, republication or retransmission of material published by PointCalendar or posted by other PointCalendar Members
belief that your account may cause PointCalendar to lose the services of its ISP or suppliers.
8. Complaints
The Service is provided by PointCalendar.com, PO Box 1895, Hoboken, NJ 07030. If you have a complaint regarding the Service please contact us at [email protected] . California users may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, California, 95814, or by telephone at (916) 445-1254.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PointCalendar's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying PointCalendar that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PointCalendar's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
9 . Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PointCalendar, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PointCalendar AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR UNSATISFACTORY RESULT FROM ANY TRAVEL ARRANGEMENTS BASED ON INFORMATION RECEIVED AS A RESULT OF ITS USE OF PointCalendar.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY TO YOU BY PointCalendar, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PointCalendar, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PointCalendar HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS BY OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
11. Allocation of Risk
You expressly understand and acknowledge that the consideration provided, through your use of of PointCalendar, is based on the above limited warranties, remedies, and limitation of liability, and that the limitations represent a reasonable allocation of risk for the parties.
12. Indemnification
You agree to defend, indemnify and hold each of PointCalendar, its officers, directors, employees, agents, parents and licensors, harmless from any and all claims, demands, liabilities, losses, damages, and/or expenses, including reasonable attorneys' and expert witness fees arising out of or relating to the use of the Services and/or in violation of this Agreement by you and/or any users of your PointCalendar account, including, without limitation, any breach of the representations and warranties made by you herein, any and all claims arising from Content or other materials posted onto the Service by you, or the infringement by you, or any other user of your account, of any Proprietary Rights or other rights of any person or entity.
13. Breaches of Security
Members and other users must promptly inform PointCalendar of apparent breaches of security, including without limitation loss, theft, unauthorized disclosure or use of an ID or password or any violations of this Agreement. PointCalendar ASSUMES NO LIABILITY AND EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY THAT MIGHT ARISE IN CONNECTION WITH THE LOSS, THEFT OR UNAUTHORIZED ACCESS TO OR DISCLOSURE OF AN ID, PASSWORD OR OTHER PERSONAL INFORMATION RELATING TO THE USE OF THE SERVICE. You expressly assume any and all liability in connection with actual and/or apparent breaches of security. Notice of actual or apparent security breaches should be immediately provided upon discovery and can be delivered to [email protected]
14. Communication and Support
As a part of the Service PointCalendar provides to its Members, PointCalendar communicates via email, posting, and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. Details of these communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various email communications by following the conditions listed within the message or by following the procedures as noted in the Privacy Policy.
PointCalendar may provide you with notices regarding the Service or this Agreement by email and/or posting on this web site. Even though you may request removal from the distribution of certain emails, PointCalendar has the right to send messages from time to time that it believes would interest the Members.
15. General
This Agreement constitutes the entire agreement between you and PointCalendar and governs your use of the Service, and supersedes all prior agreements between you and PointCalendar with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use certain other PointCalendar Services.
Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement. All provisions of this Agreement that by their terms extend beyond the termination of use of the Services or this Agreement shall survive such termination and remain in full force and effect.
This Agreement shall be governed by New Jersey law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in NEWARK, NJ.
The failure of PointCalendar to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
PointCalendar may modify this Agreement from time to time, in its sole discretion. Each time you use the PointCalendar Services, you will be deemed to have accepted any such changes. PointCalendar shall have no obligation to notify you of any such changes other than posting such modifications on the PointCalendar Service.