Stickyfingerstravel.com Terms and Conditions of Use
General
This website ("Site") is owned by and/or operated by Sticky Fingers Travel Ltd, a company incorporated under the laws of the Republic of Ireland (Company registration number 344300), having its registered office and principle place of business at 13 Proby Square, Blackrock, Co Dublin.
If you have any questions regarding the Site or these terms and conditions, or in the unlikely event that you have any complaints about this Website, you can contact us at the above address.
Please read these term and conditions carefully before using the website.
These terms and conditions, together with any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together "Terms") apply to your use of this Site. By using this Site you agree to comply with and be bound by these Terms. Sticky Fingers Travel Ltd may change these Terms at any time. Please review these Terms periodically for modifications. If you do not agree to these Terms including any amendments you must stop using the site.
Please note that these Terms do not affect your statutory rights as a consumer.
Intellectual Property
The Sticky Fingers Travel Ltd trademark as well as all trademarks, whether they are figurative or not, all other marks, trade names, service marks, brand names, trade or business names, illustrations, images, logos, registered or unregistered designs, copyrights and patents ("Intellectual Property"), which appear on our Site whether registered or not, are and remain the exclusive property of Sticky Fingers Travel Ltd. Any reproduction, whether complete or partial, modification or use of the Intellectual Property, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo. Nothing contained on this Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property without the prior written permission of Sticky Fingers Travel Ltd or such other party that may own the Intellectual Property.
In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Sticky Fingers Travel Ltd and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sticky Fingers Travel Ltd. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
Use of this Site
Sticky Fingers Travel Ltd authorises you to view, download and print site content subject to the following conditions: (i) you may only do so for your own personal and non-commercial use; (ii) you may not modify the site content; (iii) any displays or printouts of site content must be marked "(c) 2009, Sticky Fingers Travel Ltd All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the site content by Sticky Fingers Travel Ltd; (v) you may not reproduce, prepare derivative works from, distribute or display site content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, republication, posting or redistribution of the site content or any portion thereof is strictly prohibited without the prior written permission of Sticky Fingers Travel Ltd. To request permission, you may contact Sticky Fingers Travel Ltd at Managing Director, 13 Proby Square, Blackrock, Co Dublin.
You represent and warrant that your use of the site content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Sticky Fingers Travel Ltd against any liability to any person arising out of your use of Site Content not in accordance with these Terms and Conditions. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein.
Sticky Fingers Travel Ltd is not a booking agent or a travel agency, and does not charge service fees to users of the Site.
Where Sticky Fingers Travel Ltd provides details of charges on the Site, such information is provided for convenience and information purposes only. Sticky Fingers Travel Ltd in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites or by third parties.
Links to third party websites
The Site may contain links to third-party web sites. The linked sites are not under the control of Sticky Fingers Travel Ltd, and Sticky Fingers Travel Ltd is not responsible for the contents of any linked site. Sticky Fingers Travel Ltd provides these links as a convenience, and a link does not imply endorsement of, sponsorship of or affiliation with the linked site by Sticky Fingers Travel Ltd. Linked sites are owned and operated by independent retailers or service providers, and therefore, Sticky Fingers Travel Ltd cannot ensure that you will be satisfied with their products, services or business practices.
You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Sticky Fingers Travel Ltd.
Use of this site
The Site may allow its users to register and submit material and/or post reviews as well as general postings of messages and other communications in chat rooms, bulletin boards or other forums ("User Messages"). It is the sole responsibility of those who register and use this Site to ensure that their involvement with this Site does not contravene any local laws of their country of residence. If a user's involvement is deemed to contravene any local laws, we may in our sole discretion close such registration. You may only hold one registration on this Site.
You expressly agree to use the services on this Site only to send User Messages that are appropriate and that are related to the topic of the particular forum. We do not edit or control the User Messages posted to or distributed on this Site including through any personal pages, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. We nevertheless reserve the right for any reason in our sole discretion to remove without notice and for any reason whatsoever any User Messages.
The following is a non-exhaustive list of the kind of User Messages that are illegal or prohibited on the Site. Sticky Fingers Travel Ltd reserves the right to amend this list at any time and to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the right to use the Site of such violators.
It includes User Messages that:
• are offensive to the person, to families, to children or to the online community, including but not limited to content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• are defamatory or libellous;
• promotes information that is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, or obscene;
• promotes an illegal or unauthorised copy of another person's copyrighted work, 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;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides instructional information about illegal activities including but not limited to as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world; or
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, promotion of a commercial undertaking or pyramid schemes.
By posting or distributing User Messages on the Site you expressly grant Sticky Fingers Travel Ltd an irrevocable right to make available such User Messages and such User Messages may be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes by others without your permission.
You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party, and you agree to indemnify and hold harmless Sticky Fingers Travel Ltd from any claim arising out of or relating to your violation of this provision.
You are responsible for the use of your registration by anyone using your account. You are responsible for ensuring that any use of your account fully complies with these Terms.
You agree to inform Sticky Fingers Travel Ltd of any apparent breaches of security or unauthorised use of your registration. Sticky Fingers Travel Ltd may terminate your access or close an account where it considers, in its sole discretion, that there has been a breach of these Terms.
Notice and takedown policy
Sticky Fingers Travel Ltd operates on a "notice and takedown" basis. If you have any complaints or objections to material or content including User Messages posted on this site, or if you believe that material or content posted on this Site infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure. Click here to view the Notice and Takedown Procedure. Once this procedure has been followed we will make all reasonable endeavours to remove illegal content within a reasonable time.
Competitions
When you register on this Site you may be given the opportunity to take part in online competitions ("Competitions"). All competitions are subject to the Terms. Sticky Fingers Travel Ltd is the promoter of all Competitions.
The Competitions are not open to employees or agents of Sticky Fingers Travel Ltd or any affiliated companies and subsidiaries or any third parties involved in the Competitions. You confirm that you are over 18 years of age.
Prizes will be awarded to users who meet the criteria specified for the relevant Competition ("Winners"). The decision of any judging panel with regard to Winners and allocation of prizes shall be final.
In the event that the Winners incur charges or expenses for any item, product and/or service not specified in the prize description, payment of these charges or expenses will be the responsibility of the Winners.
The prizes are non-transferable, and will only be awarded to the Winners. There are no cash or other alternatives for the prizes. Notwithstanding the foregoing, if due to circumstances beyond our control the prizes are not available, we reserve the right to substitute prizes of equal value or not to award any prize as they may determine in their sole discretion.
Sticky Fingers Travel Ltd reserves the right in its absolute discretion to the extent permitted by law to disqualify any entry, or, in the event of circumstances beyond our control, which in its opinion makes it desirable, to cancel or adjourn the Competition at any stage and we accept no responsibility for failure to fulfil the Competitions.
The Winners of Competitions may be required to take part in publicity or promotional activities associated with the Competitions. Accordingly, you consent to the publication by us of your name, and/or photograph. No fees of any kind will be paid to the Winners for any publicity or any other promotional activities associated with the Competitions.
You warrant that your submission is original in its entirety and your independent creation in all respects. You agree that we shall have an unrestricted right to publish, make available, reproduce, adapt or use your submission or any part thereof, for any promotional or publicity purposes.
Privacy Policy
PLEASE REVIEW THE FOLLOWING NOTICE PRIOR TO SUBMITTING ANY PERSONAL INFORMATION TO THIS WEBSITE.
Sticky Fingers Travel Ltd has provided this privacy policy because we value your right to privacy. This policy governs the collection and use of personal information through this Site.
WE NEVER SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES AND OPERATE A STRICT PRIVACY POLICY.
Sticky Fingers Travel Ltd processes personal information submitted by you on this Site in accordance with all applicable data protection and privacy laws. Where you decide to register on this Site we will use the personal information or data that you provide in the following manner:
• for the purposes of processing of setting up and maintaining your registration;
• running competitions and sending you our Ezines/newsletters;
• contacting you about your registration;
• as set out in theses terms
You are also free at any time to ask us to provide you with a copy of the personal information that we hold on you and/or to correct and/or to delete all or any part your personal information from our records. Such a request should be in writing and addressed to Sticky Fingers Travel Ltd, 13 Proby Square, Blackrock, Co Dublin.
You are responsible for ensuring that the personal data relating to you, held by us is accurate and kept up-to-date at all times. Personal information submitted by you as set out above shall be held by us for no longer than is necessary. If the personal information relating to you that we hold is out-of-date please let us know by post to Sticky Fingers Travel Ltd, 13 Proby Square, Blackrock, Co Dublin.
If you wish to open an account on this Site you must provide us with the required information, such as name, address and email address. By entering this information on the Site you represent and warrant that (i) you are using your actual identity; and (ii) all information you provide is true, accurate, current and complete as at the time of registration.
Information we collect
Unregistered users
We encourage you to register with us in order to take advantage of Sticky Fingers Travel's many personalization features. However, you may choose not to register and take advantage of any feature of our Site where registration is not required.
If you do not register, then the information we collect from you is limited. We log your IP address in order to help diagnose problems with our server, administer our Site and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on whether you access our Site through an always-on type of Internet connection (e.g., cable modem or DSL), or through a dial-up connection Either way, it would be extremely difficult for us to identify you through your IP address, and we make no attempt to do so. If you reached our Site by clicking on a link or advertisement on another site, then we also log that information. This helps us to maximize our Internet exposure, and to understand the interests of our users. All of this information is collected and used only in the aggregate; that is, it is entered into our database, where we can use it to generate overall reports on our visitors, but not reports about individual visitors.
We also place a small file known as a "cookie" on your computer's hard drive. A cookie may contain information that allows us to track your path through our Site and to determine whether you have visited us before. However, unless you register with us, it contains no personally identifiable information that would allow us to identify you. Cookies cannot be used to read data off of your hard drive, and cannot retrieve information from any other cookies created by other Websites. We use cookies in this manner to help us understand how visitors use our Site, and to help us to improve our Site. You may refuse to accept a cookie from us by following the procedures specific to your Web browser. Although you may do so, you may find that your browser doesn't properly react when visiting not only our Site, but other Websites as well. Please note that since cookies don't provide us with any information from which we can identify you, we suggest you allow us to place one on your computer so you can fully enjoy the Site's features. If you visit our Site by "clicking-through" from a site operated by one of our partners, and you have registered with that partner, then certain information about you that you have provided to that partner may be transmitted to us. You should review the privacy policy of the Website from which you reached our Site in order to determine what information was collected and how you agreed that our partner could use that information. Regardless of what information was transmitted to us, however, we don't keep it unless you register with us.
Registered users
If you choose to register with us, you'll be able to add content to our Site. For example, you may post your own travel reviews and participate in our discussion forums. You will also be able to email Sticky Fingers Travel Ltd content to yourself and others. In addition, you will benefit from the ability to personalize your Sticky Fingers Travel Ltd Site experience. The benefits of registering will increase over time as we get to know you better and introduce new features. We encourage you to register so that you can experience everything that Sticky Fingers Travel Ltd has to offer!
If you register with us, we will collect personal information from you in addition to the non-personal information described above. That personal information may include the information you manually enter into our forms such as your name, email address, mailing address, telephone number, travel preferences, user name and password or contact information for other people. We may store all or some of that information in a cookie file on your hard drive, so that our system will recognize you each time you visit our site. In that way, we can save your preferences from visit to visit and present you with a customized Web site, without requiring you to log into our Site every time you visit. To improve services and enhance personalization, we may periodically obtain information about you from other independent third-party sources from whom we have lawfully obtained this data and add it to your registration information. Additionally, authorized Sticky Fingers Travel Ltd personnel may update your registration information to accurately reflect any new information included in communications received from you.
If you visit our Site by "clicking-through" from a site operated by one of our partners, and you have registered with that partner, then certain information about you that you have provided to that partner may be transmitted to us. You should review the privacy policy of the Web site from which you reached our Site in order to determine what information was collected and how you agreed that our partner could use that information. We may or may not retain that information; if we do, then we will only use it in accordance with our privacy policy, regardless of the policy of the partner site from which you came to us.
If you reach our Site through one of our partners (whether or not you have registered with our partner), and you choose to register with us, we may be required to give our partner some or all of your registration information. We will only do so in accordance with this policy, but we cannot control how our partner uses the information. If you have questions about our partner's privacy policy, you should review their policy before providing information to us. Of course, you can ensure that the personal information you provide to us is not shared with our partners (except in accordance with this policy), by visiting us directly instead of clicking-through from one of our partners.
How we use the personal information we collect
We use the personal information we collect to help both of us! As we mentioned above, registering with us allows you to personalize our Site so that it is most useful to you. It also allows you to log into our Site automatically each time you visit, rather than manually typing your user name and password every time. We may also use your personal information to periodically contact you with news or important information from Sticky Fingers Travel, with communications from other Sticky Fingers Travel Ltd members, and/or to request your feedback on our Site. In addition to these periodic updates, we may email you additional materials, but only if you specifically request them. These might include opt-in newsletters and other materials that you proactively request from Sticky Fingers Travel.
In addition to these communications, if you have provided an email address, we may use your personal information to send you notifications about special offers or to tell you about opportunities available from our partners, subject to your consent (which may be withdrawn at any time in the manner set forth herein).
You may opt-out of any or all marketing communications from Sticky Fingers Travel Ltd in any commercial e-mail we send or at any time, as well as access and update your personal information, by emailing us.
We may also use certain information that you provide in order to present you with advertising that you may find interesting. This benefits both of us. It benefits us because advertising helps pay the bills, and we can charge our advertisers more if they know that their ads will be seen by somebody more likely to find it useful. It benefits you because you see advertising that may actually be interesting to you, rather than annoying.
You can cancel your registration with us by e-mailing us at info@stickyfingerstravel.com and placing your email address in the subject of the e-mail. We will send you an e-mail to confirm your request. After we receive confirmation, we will remove your information from our active database, but some information may remain in our archives for an additional period of time before being deleted.
Disclosure of your personal information
Sticky Fingers Travel Ltd does not sell or rent any personal information to any third party as discussed in this policy. We may aggregate personal information from all of our users and provide that information in the aggregate to other parties, including advertisers, for marketing and promotional purposes. However, if we do so, that information will not be in a form that will allow any third party to identify you personally.
We also may share your personal information with third-parties specifically engaged by Sticky Fingers Travel Ltd to provide services to Sticky Fingers Travel Ltd (such as market research firms, marketing services providers and advertising agencies), in which case we will require those parties to agree to use any such personally-identifiable data solely for the purpose of providing the specified services to Sticky Fingers Travel.
As you might expect, Sticky Fingers Travel Ltd must cooperate with legal authorities, and may in some circumstances be required to disclose personally identifiable information in response to requests from law enforcement authorities, or in response to legal proceedings. We don't expect this to happen, but if it does, we will provide only the information required. In other words, we will not simply turn over our database in response to a specific legal requirement. We can also turn over information about you if we believe we must in order to prevent a violation of the law, and by accepting this policy, you consent to our doing so, in our sole discretion. You also consent to our disclosing information about you in the course of legal proceedings if we are legally required to do so, if we reasonably believe that doing so may mitigate our liability, or if doing so will assist us in enforcing our legal rights. We also may share your information in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, and in the unlikely event of insolvency.
Your profile and contributions on Sticky Fingers Travel Ltd will be publicly viewable and identifiable via your screen name. Sticky Fingers Travel Ltd encourages its members to create screen names that are not visibly connected to their first and last names. Sticky Fingers Travel Ltd will share neither your email address nor first and last names with other members, nor will we display them in any public manner, unless you expressly choose to have us do so.
Member-to-member communication features
When you sign up on Sticky Fingers Travel, member-to-member communication features are automatically enabled. These features, such as traveller networks and private messaging, allow you and other Sticky Fingers Travel Ltd members to communicate with each other as well as with non-members, via Sticky Fingers Travel.
Sticky Fingers Travel Ltd members can turn off member-to-member features at any time via their member profile, should they wish to do so.
If you do participate in these features you agree that:
• you are willing to accept communication from other Sticky Fingers Travel Ltd members
• you have already obtained prior consent from contacts in your personal email address book for us to send them such communication on your behalf.
Non-members always have the option to stop receiving further communication from Sticky Fingers Travel Ltd members.
We have designed these features to avoid any disclosure of your personal information to other users and to allow you to decline to participate, should you wish to do so. Your e-mail address is never disclosed to other Sticky Fingers Travel Ltd members or vice versa.
How you can review and update your personal information.
Steps we take to protect your personal information.
Sticky Fingers Travel Ltd has implemented security procedures to help protect the personal information stored in our systems. For example, we limit access to personal information about you to employees who we believe reasonably need to come into contact with that information. We also employ processes to protect against unauthorized access to your personal information. While we implement appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal information and against accidental loss or destruction of, or damage to personal information there is no way for us to guarantee the absolute security of your personal information.
Exclusions of warranties
Sticky Fingers Travel Ltd MAKES NO REPRESENTATION OF ANY KIND REGARDING THE SUITABILITY OF THE SITE AND/OR ITS CONTENT OR ANY PROMOTION THEREOF FOR ANY PURPOSE. ALL SITE CONTENT IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Sticky Fingers Travel Ltd DISCLAIMS AND EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES, IN RELATION TO THE SITE AND /OR ANY SERVICES OFFERED THEREIN WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
Limitations of liability
Nothing in these Terms limits or excludes our liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law.
SUBJECT TO THE FOREGOING, YOUR USE THE SITE IS AT YOUR OWN RISK AND NEITHER Sticky FINGERS TRAVEL LTD NOR THE PARTIES WHO PROVIDE INFORMATION INCLUDING USER MESSAGES AND MATERIAL FOR PUBLICATION WITHIN THE SITE SHALL BE LIABLE WHETHER IN CONTRACT, IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE IN LAW WHETHER KNOWN OR UNKNOWN FOR ANY LOSS OR DAMAGE OF ANY SORT INCLUDING WITHOUT LIMITATION ECONOMIC LOSS, LOSS OF REVENUES, DATA, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS OR LOSS OF GOODWILL OR REPUTATION AND/OR SPECIAL OR INDIRECT LOSSES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THESE TERMS.
Assignment
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
Modifications to the Terms
We reserve the right to make changes to these Terms at any time in our sole discretion where we deem it necessary for legal, general regulatory and technical purposes or due to changes in services provided or layout of the Site or for any reason whatsoever. Notice of such changes will be posted on the Site. Please access and review these Terms periodically to ensure you have the most up-to-date version.
YOUR CONTINUED USE OF THE SITE NOW OR FOLLOWING THE POSTING OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
Sticky Fingers Travel Ltd may change, suspend or discontinue any aspect of the Sticky Fingers Travel Ltd service at any time, including availability of any feature, database or content. Sticky Fingers Travel Ltd may also impose limits on certain features and services or restrict your access to all or parts of the Site or any other Sticky Fingers Travel Ltd web site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms and Conditions or of any law or regulation and where it decides to discontinue providing a service.
Events beyond our control
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
Severance
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
Governing law and jurisdiction
These Terms and all transactions relating to this Site are governed by the laws of the Republic of Ireland and you, and we, hereby submit to the exclusive jurisdiction of the courts of the Republic of Ireland.