Effective September 1, 2011
1. Access to and Use of the Service.
Account Password and Security: You are responsible for maintaining the confidentiality of your password and account, and any and all activities that occur under your password or account. You agree to immediately notify CanaryHop of any unauthorized use of your password or account or any other breach of security of which you become aware. CanaryHop will not be liable for any loss or damage arising from your failure to comply with this section.
Modifications to Service: CanaryHop reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Service, with or without notice. You agree that CanaryHop shall not be liable to you or any party for any modification, suspension or discontinuance of the Service.
Use and Storage: You acknowledge that CanaryHop reserves the right to terminate accounts that are inactive for an extended period of time, and that CanaryHop may establish general practices concerning use of the Service, including without limitation, the maximum period of time that data will be retained by the Service and the maximum storage space that will be allotted on CanaryHop’s servers on your behalf. You agree that CanaryHop has no responsibility or liability for the deletion or failure to store any data maintained or transmitted by the Service.
2. Conditions of Use.
User Conduct: When submitting content to this Website by electronic mail, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, or ideas contained in any submissions (“Submissions”), you grant CanaryHop and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge and agree that Submissions are not confidential or proprietary, and that CanaryHop may choose to provide attribution of your comments or reviews at our discretion.
You agree to not use the Service to:
a.Post or transmit any content that (i) poses or creates a privacy or security risk to any person; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (iii) infringes any intellectual property or other proprietary rights of any party; (iv) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of CanaryHop, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose CanaryHop or its users to any harm or liability of any type;
b.Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c.Collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
d.Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
e.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; or
f.Violate any applicable local, state, national or international law, or any regulations having the force of law;
g.Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
h.Access or attempt to access any materials or information through any means not intentionally made available or provided for through the Service.
Prohibited Activities: The content and information on this Website, as well as the infrastructure used to provide such content and information, is proprietary to CanaryHop. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
a.Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
b.Use this Website or its contents for any commercial purpose;
c.Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
d.Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
e.Deep-link to any portion of this Website for any purpose without our express written permission; or
f.“Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
g.Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by CanaryHop in connection with the Website.
CanaryHop is not liable for any statements, representations or Content provided by its users in any public forum. CanaryHop takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is CanaryHop liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Although CanaryHop has no obligation to screen, edit or monitor any of the Content posted to or distributed on the Website, CanaryHop reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Website at any time and for any reason.
Vendor Fee Terms: CanaryHop will remit Revenue to the Vendor, less CanaryHop’s applicable fees, as described on the Website. “Revenue” shall mean gross revenue actually received by CanaryHop from its sale of offers hereunder, less taxes, refunds, returns, chargebacks, and bad debt. “Start Date” shall be the date of commencement of the activity or experience described in the relevant offer. All Revenue will be paid to the Vendor in accordance with the payment information provided by the Vendor to CanaryHop through the Service, and the Vendor is solely responsible for ensuring such information remains accurate and up to date. The Vendor will be responsible for all taxes in connection with the offers (excluding taxes based on CanaryHop’s net income). If there is a dispute of any payment, the Vendor must let CanaryHop know within sixty (60) days after the date that CanaryHop pays the Vendor.
Cancellation and Refunds: Terms for cancellation or refunds are selected by the Vendor and described in the Content submitted by the Vendor. Cancellations or refunds for a purchase made through the Service must comply with the terms set forth by the Vendor.
3. Intellectual Property Rights.
Content, Software and Trademarks: Any use of the Website or the Content other than as specifically authorized is strictly prohibited. The technology and software underlying the Service (the “Software”) is the property of CanaryHop, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CanaryHop.
You acknowledge and agree that the Service contains content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by CanaryHop, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
User Content Posted on the Site: You are solely responsible for the content and other materials you post on or through the Service or the Website or transmit to or share with other users or recipients, whether as a business, end user or otherwise (“User Content”). Do not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein.
Copyright Complaints: If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify CanaryHop of your infringement claim in accordance with the procedure set forth below.
CanaryHop will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to CanaryHop’s Copyright Agent at firstname.lastname@example.org
(Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
•An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
•A description of the copyrighted work or other intellectual property that you claim has been infringed;
•A description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service;
•Your address, telephone number, and email address;
•A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
Repeat Infringers: CanaryHop may terminate users who CanaryHop, in its sole discretion, deems to be repeat infringers of the intellectual property rights of others. CanaryHop may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. Third Party Websites.
The Service may provide, or third parties may provide, links to other sites and resources on the Internet. CanaryHop has no control over such sites and resources and CanaryHop is not responsible for and does not endorse such sites and resources. CanaryHop shall not be 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 on any offers, content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties, including a business providing offers hereunder, found while using the Service are between you and the third party, and you agree that CanaryHop is not liable for any loss or claim that you may have against any such third party.
5.Offers through the Service.
All offers made available in connection with the Service are promotional offers that are made available directly by the relevant Vendor, and not CanaryHop itself. The offers are redeemable solely for the applicable goods or services of the relevant Vendor. The Vendor, not CanaryHop, is the provider of the offer and the goods and services and is solely responsible for providing the goods or services pursuant to any offer you purchase. The following terms and conditions apply to all purchases made through the Service:
•Redemption is determined by the business providing the offer.
•Offers cannot be combined with any other offers, vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the Vendor.
•Reproduction, sale or trade of any offer is prohibited.
•Offers are void to the extent prohibited by law.
Vendor agrees that the offer price for content offered through the Service is the lowest price available. Vendor further agrees content offered through the Service will not be listed at a lower price on any other Vendor website or third-party travel-related website.
If you are a Vendor, you are the holder and issuer of each offer you make through the Service. Within 48 hours of receiving an offer, Vendors must approve or deny a user’s request to purchase the offer. As a holder and issuer of an offer, the Vendor represents, warrants and agrees that it shall fully honor and redeem all offers and shall be solely and fully responsible for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to a customer concerning any purchase or caused in whole or in part by the Vendor, as well as for any unclaimed property liability arising from unredeemed purchases or portions thereof. Each Vendor hereby waives, and releases and will hold harmless CanaryHop and its officers, directors, employees and agents from, any claim, liabilities, losses, damages, or injury arising from or related to any purchase or any act or omission of the Vendor in connection with an offer or the services or goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of purchases or offers.
6. Indemnity and Release.
7. Disclaimer of Warranties.
Your use of the Service is at your sole risk. CanaryHop expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
CanaryHop makes no warranty that (1) the Service will be uninterrupted, timely, secure, or error-free, (2) the results that may be obtained from the use of the service will be accurate or reliable, (3) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations the Service will meet your requirements, or (4) the Service will meet your requirements.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. CanaryHop urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, CANARYHOP DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
9. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CANARYHOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CANARYHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND 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 OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL CANARYHOP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CANARYHOP IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
10. Dispute Resolution.
11. Integration and Severability.
Please contact us through the contact page
1. Information You Provide.
We receive and store all information you enter on our Website. This includes information that can identify you, including your first and last name, telephone number, postal and e-mail addresses, user name and password ("personal information"). We may also request information about your travel plans and travel preferences. You can choose not to provide information to us, but some information about you is required in order for you to enjoy the benefits of being a registered member.
2. Information from Other Sources.
We also may periodically obtain both personal and non-personal information about you from affiliated entities, business partners and other independent third-party sources and add it to other information about you. For example, if you access third party services, such as social media services, through our Website or before coming to our Website, we may collect information such as your user name, password, and other information made available to us through those services in order to improve and personalize your use of our Website. Additionally, if you visit CanaryHop by “clicking-through” from a site operated by one of our business partners, and you have registered with that partner, then information about you that you have provided to that partner may be shared with us, such as contact information and demographic information.
3. Automatically Collected Information.
We automatically collect some information about your computer when you visit CanaryHop, such as session data, including your IP address, Web browser software, and referring Website. We also may collect information about your online activity, such as content viewed and pages visited. We do this in order to help us understand the interests of our users and customize your user experience.
4. Cookies and Other Web Technologies.
•To help measure the effectiveness of website features and offerings, advertisements, and e-mail communications.
•To help us customize the content, website experience, and advertisements provided to you on our websites and on other websites across the Internet. When you access a web page, a cookie is automatically set by us, our service providers, or our partners to recognize your browser as you navigate on the Internet and to present you with information and advertising based on your apparent interests.
Please note that if you refuse to accept cookies, you may not be able to access many of the travel tools offered on our Website.
Our sites also may use Web beacons (also known as clear gifs, pixel tags or Web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a Web page. We use Web beacons to monitor the traffic patterns of users from one page within our sites to another, to deliver or communicate with cookies, to understand whether you have come to our site from an online advertisement displayed on a third-party Website, and to improve site performance. We also may allow our service providers to use Web beacons to help us understand which emails have been opened by recipients and to track the visitor traffic and actions on our site. This helps us measure the effectiveness of our content and other offerings.
5. How We Use Your Information.
6. With Whom We Share Your information.
CanaryHop may share your information with the following entities:
• Social Media Services. You can choose to access certain third party social media Websites and services through our Website (such as Facebook). When you do so, you are sharing information with those sites, and the information you share will be governed by their privacy policies. You may also be able to modify your privacy settings with these third party social media web sites.
• Third-party vendors who provide services or functions on our behalf, including business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our website or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.
• Business partners with whom we may offer products or services in conjunction. You can tell when a third party is involved in a product or service you have requested because their name will appear either with ours or separately. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners.
• Referring Websites. If you were referred to CanaryHop from another Website, we may share your registration information, such as your name, email address, mailing address, telephone number and travel preferences, about you with that referring Website. We have not placed limitations on the referring Websites’ use of personal information and we encourage you to review the privacy policies of any Website that referred you to CanaryHop.
We also may share your information:
• In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
• When we believe it is necessary to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of CanaryHop, our customers, or others; and in connection with our Terms of Service and other agreements.
• In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
If you choose to create a profile on CanaryHop, certain information in your profile will be publicly viewable and identifiable via your screen name. You will have the ability to view your profile as members of the public will see it. Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.
We also may share aggregate or anonymous information with third parties, including advertisers and investors. We may tell our advertisers the number of visitors our Website receives or the most popular travel experiences. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
7. How You Can Access Your Information.
We take reasonable steps to ensure that your information is relevant to its intended use, accurate, and complete. You can access and update your contact information by visiting the Member Profile page on the CanaryHop Website. You can close your CanaryHop account by contacting us at the e-mail address listed below. We will send you an e-mail to confirm your request. Please also note that we may retain certain information associated with your account in our archives, including for analytical purposes as well as for recordkeeping integrity.
8. How We Protect Your Information.
We want you to feel confident about using CanaryHop, and we are committed to protecting the information we collect. While no Website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. Only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.
9. Children's Privacy.
CanaryHop is a general audience site and does not offer services directed to children. Should we find out that a child under age 13 sent personal information to us, we will delete or destroy such information as soon as reasonably possible.
10. External Links.
11. Visiting Our Websites From Outside the United States.
If you are visiting our Website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that CanaryHop does take steps pursuant to laws in the United States to ensure that your privacy is protected.
12. Your California Privacy Rights.
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please e-mail email@example.com
14. Contact Us.