FatPassport Inc. Terms And Conditions

March 27, 2009

Your use of www.fatpassport.com (the "Site") is governed by the following Terms and Conditions ("Terms"). By using or accessing the Site, you accept and agree to comply with these Terms. If you do not agree to these Terms, then do not use the Site.

These Terms may be periodically updated without notice by FatPassport Inc. Your ongoing use of the Site indicates that you accept any and all changes in these Terms, so you should regularly review these Terms. If you do not agree to changes in Terms, then do not use the Site.

Unless indicated otherwise, all content and files shown on and used by the Site, whether originally generated by FatPassport or submitted by other users, are the property of FatPassport or its users. This content includes photos, text, data, software, the FatPassport logo, and other files, and is protected by U.S. and international copyright laws. Unless otherwise indicated, this Site and all its content is © 2009 FatPassport Inc., All Rights Reserved. All trademarks and logos of other companies shown in advertisements or elsewhere on the Site are the property of those companies.

You are granted a limited license to use this Site, specifically and only for your personal, non-commercial use. You may not otherwise reproduce content of this site. You may not create derivative works from the content of this Site, and you may not modify the content of this Site. Robots, data mining tools and other such facilities or technologies may not be used to extract data from this Site. Unless otherwise specifically permitted in writing by FatPassport, violations of these conditions will result in termination of your license to use the Site, and may be in violation of applicable laws. Your license to use the Site can be revoked at any time, at the sole discretion of FatPassport, if it is believed that your use or access of the Site is not in the best interests of FatPassport Inc., and/or our users.

You may generate hyperlinks to this Site, so long as these links do not mis-represent FatPassport or its partners and affiliates. This limited right may be revoked at any time without notice, if FatPassport concludes that your links are not in the best interest of the Site. Unauthorized framing of site content is prohibited.

This Site may display advertisements and/or link to third party web sites, which offer products, services, and information that may be of interest to travelers. Your use of these links, and your use of the products, services, and information that they provide, are at your own risk. Any business dealings or correspondence with these third parties are solely between you and the third party, and are entirely at your own risk. FatPassport is not responsible for any issues, losses, or damages resulting from your interactions with advertisers and other third parties whom you may access via the Site, and/or with any of their products or services.

You may register with the Site in order to obtain access to additional services and features. You certify that all information you provide in your profile is accurate, that you will maintain the confidentiality of your password, that you will not let others use your account, and that you will not attempt to use the accounts of others.

Registering with the Site requires submittal of an email address and other information. FatPassport will maintain this information in accordance with the Company's Privacy Policy, but FatPassport is not liable for the privacy of any information you enter into the Site.

The Site provides the ability for you to post reviews, newsflashes and photos ("Your Content"), and to communicate directly with other users. You agree to post or distribute only information which is relevant to travelers. You use these facilities at your own risk, and agree not to post or distribute any content which is copyrighted, private, confidential, misrepresentative, obscene, harassing, infringes on copyright, or is otherwise inappropriate. You may not use the interactive facilities of the site to solicit other users of the site. Use of the interactive services, and any further interactions you may or may not have with other users with whom you have corresponded on FatPassport, are at your own risk.

You agree not to transmit viruses, junk email, or other content which could be harmful to the Site or which could unduly impact the performance or function of the Site, or which could be harmful or annoying to other users.

FatPassport assumes no responsibility or liability for any content posted by you or other users of the Site, including errors, omissions, obscene materials, slander, libel, defamation, or other problematic or offensive content.

By posting Your Content to FatPassport, you grant FatPassport a perpetual, royalty-free, worldwide, transferable, non-exclusive license to use, distribute, analyze, display, and create derivative works from this content. You are not entitled to any compensation for Your Content, and any attribution of your submitted content is at the discretion of FatPassport. You represent that you own the rights to Your Content, that Your Content is based on your personal experience, and is accurate to the best of your knowledge. FatPassport reserves the right to screen, edit, decline to post, or remove any or all of Your Content, at its sole discretion and without notice. You are responsible for backing-up copies of Your Content using your own resources and facilities, at your own expense.

If you believe that content on FatPassport may have infringed on copyrighted material, then submit an infringement notification which includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web Site are covered by a single notification, a representative list of such works at that web Site;
3. Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FatPassport to locate the material;
4. Information reasonably sufficient to permit FatPassport to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
6. A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

1. FatPassport shall remove or disable access to the content that is alleged to be infringing;
2. FatPassport shall forward the written notification to the alleged infringer (the "Subscriber");
3. FatPassport shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.

The content, services, and recommendations of the Site are provided without either express or implied warranty of any type. FatPassport does not warrant or claim that content of the Site, including recommendations and newsflashes, are current, accurate, or without error.

Neither FatPassport, its users, or other parties providing content to the Site shall be liable for damages of any kind relating to your use of the Site, including any damages which are a result of following the recommendations or otherwise utilizing information, products, or services available via the Site.

FatPassport shall also not be held liable for any damages associated with your use of third party products, services, or information that you find, use, or purchase via the Site.

You will indemnify and hold harmless (including attorney fees) FatPassport, its investors, officers, employees, and partners from any demand or claim submitted by any third party that results from your use of the Site, or from any person using your account.

FatPassport reserves the right to, at its sole discretion, charge a fee in the future for accessing the Site and/or selected facilities or services of the Site.

All disputes or claims associated with your use of the Site will be governed by the laws of the state of California, and any claims you may bring will be heard in court in Santa Clara County, California.

FatPassport reserves the right to (a) modify the Site and its services, including termination of particular services and/or availability of the Site, and (b) to terminate your license and/or access to the Site, without notice and at its sole discretion.

These Terms represent the entire agreement between you and FatPassport.

In the event that any elements of these Terms are found to be unlawful or unenforceable, then those elements will be considered to be severable from these Site Terms, and will not impact the validity of remaining elements of the Terms.