PLEASE READ THIS USER AGREEMENT AND THESE TERMS
AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Your use of this site is expressly conditioned
on your acceptance of the following terms and conditions.
By using this site, you signify your assent to these
terms and conditions. If you do not agree with any part
of the following terms and conditions, you must not use
this site.
1. OWNERSHIP. This
site, and each of its modules, together with the arrangement
and compilation of the content found on this site, is
the property of Vista South America and/or its various
third party providers and distributors. Much of the content
found on this site is owned by third party providers
and distributors. Nothing contained on this site should
be construed as granting, by implication, estoppels,
or otherwise, any license or right to use any of the
Trademarks without the written permission of Vista South
America, or such other party that may own the Trademarks.
2. USE OF SITE. Vista
South America grants you a limited, non-transferable
license to use this site in accordance with the terms
and conditions of this User Agreement. You may only use
this site to make legitimate reservations or purchases
and shall not use this site for any other purposes, including
without limitation, to make any speculative, false or
fraudulent reservation or any reservation in anticipation
of demand. This site and the content provided in this
site, including the text, graphics, button icons, audio
and video clips, digital downloads, data compilations
and software, may not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed without
the written permission of Vista South America, and/or
its third party providers and distributors, except that
you may download, display and print the materials presented
on this site for your personal, non-commercial use only.
You may not use any "robot," "spider" or other automatic
device, or a program, algorithm or methodology having
similar processes or functionality, or any manual process,
to monitor or copy any of the Web pages, data or content
found on this site, in any case without the prior written
permission of Vista South America. You agree that you
will not transmit or otherwise transfer any Web pages,
data or content found on this site to any other computer,
server, Web site, or other medium for mass distribution
or for use in any commercial enterprise. You agree that
you will not use any device, software or routine to interfere
or attempt to interfere with the proper working of this
site. You agree that you will not take any action that
imposes a burden or load on our infrastructure that Vista
South America deems in its sole discretion to be unreasonable
or disproportionate to the benefits Vista South America
obtains from your use of the site. Unauthorized use of
this site and/or the materials contained on this site
may violate applicable copyright, trademark or other
intellectual property laws or other laws. You must retain
all copyright and trademark notices, including any other
proprietary notices, contained in the materials, and
you must not alter, obscure or obliterate any of such
notices. The use of such materials on any other Web site
or in any environment of networked computers is prohibited.
You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, indecent,
inflammatory, pornographic or profane material or any
material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law. In addition,
you are prohibited from posting or transmitting any information
which (a) infringes the rights of others or violates
their privacy or publicity rights, (b) is protected by
copyright, trademark or other proprietary right, unless
with the express written permission of the owner of such
right, (c) contains a virus, bug or other harmful item,
or (d) is used to unlawfully collude against another
person in restraint of trade or competition. You shall
be solely liable for any damages resulting from any infringement
of copyright, trademark, or other proprietary right,
or any other harm resulting from your use of this site.
3. AGE AND RESPONSIBILITY. If
you use this site, you are responsible for maintaining
the confidentiality of your account information and your
password. You agree to accept responsibility for all
activities that occur under your account or password.
You represent that you are of sufficient legal age to
use this site and to create binding legal obligations
for any liability you may incur as a result of the use
of this site. You understand that you are financially
responsible for all uses of this site by you and those
using your login information.
4. PRIVACY. You have
read the Vista South America Privacy Policy, the terms
of which are incorporated herein, and agree that the
terms of such policy are reasonable. You consent to the
use of your personal information by Vista South America
and/or its third party providers and distributors in
accordance with the terms of and for the purposes set
forth in the Vista South America Privacy Policy.
5. REVIEW OF TRANSMISSIONS. Vista
South America may, from time to time monitor and review
any information transmitted or received through this
site and reserves the right to censor, edit, remove or
prohibit the transmission or receipt of any information
that Vista South America deems inappropriate or in violation
of these terms and conditions. During monitoring, the
information may be examined, recorded or copied, and
your use of this site constitutes your consent to such
monitoring and review. You agree that if you submit suggestions,
ideas, comments or questions or post any other information
on this site, you grant Vista South America and its affiliates
a worldwide, non-exclusive, royalty-free, perpetual,
irrevocable, and fully sublicenseable right to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, distribute and display such content in any
form, media or technology. Vista South America takes
no responsibility and assumes no liability for any content
posted or submitted by you.
6. EXCLUSION OF WARRANTY. Vista
South America and any third party providers and distributors
make no warranty of any kind regarding this site and/or
any materials provided on this site, all of which are
provided on an "as is" basis. Vista South America and
any third party providers and distributors do not warrant
the accuracy, completeness, currency or reliability of
any of the content or data found on this site and such
parties expressly disclaim all warranties and conditions,
including implied warranties and conditions of merchantability,
fitness for a particular purpose and non-infringement,
and those arising by statute or otherwise in law or from
a course of dealing or usage of trade. Neither Vista
South America nor any third party providers or distributors
warrant that this site, its servers or any e-mail sent
from Vista South America are free of viruses or other
harmful components. Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may
not apply to you. This warranty gives you specific rights
which vary from state to state.
7. LIMITATION OF LIABILITY. Vista
South America assumes no responsibility, and shall not
be liable for, any damages to, or viruses that may infect
your computer equipment or other property on account
of your access to, use of, or browsing in this site or
your downloading of any materials, data, text, images,
video or audio from the site. in no event shall Vista
South America or any third party providers or distributors
be liable for any injury, loss, claim, damage, or any
special, exemplary, punitive, indirect, incidental or
consequential damages of any kind (including, but not
limited to lost profits or lost savings), whether based
in contract, tort, strict liability, or otherwise, which
arises out of or is in any way connected with (i) any
use of this site or content found herein, (ii) any failure
or delay (including, but not limited to the use of or
inability to use any component of this site for reservations
or ticketing), or (iii) the performance or non performance
by Vista South America or any third party providers or
distributors, including, but not limited to, non performance
resulting from bankruptcy, reorganization, insolvency,
dissolution or liquidation even if such party has been
advised of the possibility of damages to such parties
or any other party.
If, notwithstanding the foregoing, Vista South America or any third party provider
or distributor should be found liable for any loss or damage which arises out
of or is in any way connected with any of the above described functions or
uses of this site or its content, the liability of Vista South America and
the third party providers and distributors shall in no event exceed, in the
aggregate, the greater of (a) the subscription fee and service charge for accessing
this site, or (b) US$100.00. In its sole discretion, in addition to any other
rights or remedies available to Vista South America and without any liability
whatsoever, Vista South America at any time and without notice may terminate
or restrict your access to any component of this site. Some states do not allow
limitation of liability, so the foregoing limitation may not apply to you.
8. INDEMNIFICATION. You
shall defend and indemnify Vista South America and any
third party providers and distributors and their officers,
directors, employees and agents from and against any
claim, cause of action or demand, including without limitation
reasonable legal and accounting fees, brought by or on
your behalf in excess of the liability described herein
or by third parties as a result of your use of this site.
9. LINKS. This site contains
links to other Web sites which are provided solely as
a convenience to you and not as an endorsement by Vista
South America, its third party providers or distributors
of the contents of such other Web sites. None of Vista
South America or any third party provider or distributor
shall be responsible for the content of any other Web
sites and make no representation or warranty regarding
any other Web sites or the contents or materials on such
Web sites. If you decide to access other Web sites, you
do so at your own risk.
10. RELATIONSHIP. The
relationship between Vista South America and you will
be that of independent contractors, and neither of us
nor any of our respective officers, agents or employees
will be held or construed to be partners, joint ventures,
fiduciaries, employees or agents of the other.
11. GOVERNING LAW. This
Agreement and its performance shall be governed by the
laws of the state of Florida, United States of America,
without regard to its conflict of laws provisions. You
consent and submit to the exclusive jurisdiction of the
state and federal courts located in Dade County, the
state of Florida, United States of America, in all questions
and controversies arising out of your use of this site
and this Agreement. To the extent allowed by applicable
law, any claim or cause of action arising from or relating
to your access or use of this site must be brought within
two (2) years from the date on which such claim or action
arose or accrued.
12. ATTORNEY'S FEES. If
Vista South America or its affiliates take any action
to enforce this User Agreement and these terms and conditions,
such parties will be entitled to recover from you, and
you agree to pay, all reasonable and necessary attorney's
fees and any cost of litigation, in addition to any other
relief, at law or in equity, to which such parties may
be entitled.
13. INJUNCTIVE RELIEF. You
acknowledge that a violation or attempted violation of
any of this User Agreement and these terms and conditions
will cause such damage to Vista South America as will
be irreparable, the exact amount of which would be difficult
to ascertain and for which there will be no adequate
remedy at law. Accordingly, you agree that Vista South
America shall be entitled as a matter of right to an
injunction issued by any court of competent jurisdiction,
restraining such violation or attempted violation of
these terms and conditions by You, or Your affiliates,
partners, or agents, as well as recover from You any
and all costs and expenses sustained or incurred by Vista
South America in obtaining such an injunction, including,
without limitation, reasonable attorney's fees. You agree
that no bond or other security shall be required in connection
with such injunction.
14. TERMINATION. Vista
South America may terminate this User Agreement and these
terms and conditions and/or the provision of any of the
services at any time for any reason, including any improper
use of this site or your failure to comply with these
terms and conditions. Such termination shall not affect
any right to relief to which Vista South America and
its third party providers and distributors may be entitled,
at law or in equity. Upon termination of this User Agreement
and these terms and conditions, all rights granted to
you will terminate and revert to Vista South America
and its third party providers or distributors, as applicable.
15. ASSIGNMENT. You
may not assign, convey, subcontract or delegate your
rights, duties or obligations hereunder.
16. MODIFICATION. Vista
South America may at any time modify these terms and
conditions and your continued use of this site will be
conditioned upon the terms and conditions in force at
the time of your use.
17. ADDITIONAL TERMS. Additional
terms and conditions may apply to reservations, purchases
of goods and services and other uses of portions of this
site, and you agree to abide by such other terms and
conditions.
18. SEVERABILITY. These
terms and conditions shall be deemed severable. In the
event that any provision is determined to be unenforceable
or invalid, such provision shall nonetheless be enforced
to the fullest extent permitted by applicable law, and
such determination shall not affect the validity and
enforceability of any other remaining provisions.
19. HEADINGS. The headings
used in this User Agreement are included for convenience
only and will not limit or otherwise affect the terms
and conditions herein.
20. ENTIRE AGREEMENT. This
User Agreement, together with any terms and conditions
incorporated herein or referred to herein constitute
the entire agreement between us relating to the subject
matter hereof, and supersedes any prior understandings
or agreements (whether oral or written) regarding the
subject matter, and may not be amended or modified except
in writing or by making such amendments or modifications
available on this site.
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