Terms of Use
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs NINETYNINE NOMADS’ relationship with you in relation to this website. If you violate any of the terms of these Terms of Use we may, without limitation, have your access cancelled and you may be permanently banned from accessing, viewing, browsing and using the Site.
1. Terms
By accessing this web site, you are agreeing to be bound by the web site Terms of Use and our Privacy policy, which is incorporated herein by reference, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. Using the Site will constitute your acceptance of these Terms of Use. If you do not agree to abide by these terms, please do not use the Site. NINETYNINE NOMADS may modify these Terms from time to time, and your order of any products or services following such modification shall be deemed your acceptance of these Terms as so modified.
For more information on privacy and how your information is used please visit our Privacy Policy. The term NINETYNINE NOMADS or ‘us’ or ‘we’ refers to the owner of the website, NINETYNINE NOMADS, whose registered office is Saubachgasse 2, 5340 St Gilgen, Austria. The term ‘you’ refers to the user or viewer of our website.
2. Limited License and Site Access
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. NINETYNINE NOMADS grants you a limited license to access and make personal use of the Site. You may not download (other than page caching) or modify the Site, or any portion of it. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NINETYNINE NOMADS. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NINETYNINE NOMADS without express written consent. You may not use any other "hidden
text" utilizing NINETYNINE NOMADS’ name or trademarks without the express written consent of NINETYNINE NOMADS. Any unauthorized use terminates the permission or limited license granted by NINETYNINE NOMADS. You may not use any NINETYNINE NOMADS logo or other proprietary graphic or trademark as part of the link without express written permission of NINETYNINE NOMADS. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
3. Governing Law
Any claim relating to NINETYNINE NOMADS’ web site shall be governed by, construed and enforced in accordance with the laws of Salzburg, Austria. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Salzburg.
4. Jurisdictional Issues
NINETYNINE NOMADS is controlled and operated from Austria. Our Sites are not subject to the laws or jurisdiction of any state, country or territory other than that of Salzburg, Austria. NINETYNINE NOMADS does not represent or warrant that any of its products and/or services, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access NINETYNINE NOMADS do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit NINETYNINE NOMADS’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
5. Limitations on liability
Other than as specified expressly in these terms and conditions we will not be liable for any loss or damage (including indirect or consequential loss or damage) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of NINETYNINE NOMADS service or NINETYNINE NOMADS website except to the extent that such liability cannot be excluded by law. Your sole and exclusive remedy for dissatisfaction with services is to stop using the services, and your sole and exclusive remedy for dissatisfaction with products is to obtain a refund therefore in accordance with the terms of these terms. To the fullest extent permissible by applicable law, the maximum liability of NINETYNINE NOMADS arising out of or in connection with the provision of or failure to provide any products or services shall be the actual price paid therefore by you. Note: some local laws do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
•Class Action Waiver
•Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of our sites signifies your explicit consent to this waiver.
6. Copyright
All content on NINETYNINE NOMADS websites including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, data compilations and software and its compilation is the property of NINETYNINE NOMADS and is protected by Austrian and International copyright laws. You may not modify, create, copy, distribute, transmit, display, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the NINETYNINE NOMADS website without our express written consent.
7. Trademarks
NINETYNINE NOMADS is a registered trademark. All NINETYNINE NOMADS graphics, logos, page headers, button icons, images and product names are either trademarks or the copyright of NINETYNINE NOMADS. NINETYNINE NOMADS trademark and copyright materials may not be used in connection with any product or service without written authorization.
8. Policy and Idea Submission
Some of our customers are interested in submitting ideas and suggestions for products and services to be used at NINETYNINE NOMADS, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving the Site; however, please note that NINETYNINE NOMADS will own any such ideas or suggestions that you submit, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to NINETYNINE NOMADS. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a letter to NINETYNINE NOMADS, Saubachgasse 2, 5340 St. Gilgen, Austria. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by NINETYNINE NOMADS in order to evaluate your idea or suggestion. If you have any questions regarding these terms, please contact: [email protected]
BY ORDERING PRODUCTS OR USING SERVICES, OR BY OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS, AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS TO YOU.