Website Terms of Service
Updated: March 2022
By accessing, browsing or using this Departure Lounge Inc. (“Departure Lounge”) website and all Departure Lounge owned and/or operated websites (the “Departure Lounge Websites”), you are agreeing to comply with and be bound by the following Terms of Service (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the Departure Lounge Websites. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE DEPARTURE LOUNGE WEBSITES.
Departure Lounge may, without notice to you, at any time amend these Terms and any other information contained on the Departure Lounge Websites. Your continued use of the Departure Lounge Websites after any changes to these Terms have been posted will be considered your acceptance of those changes.
SCOPE OF TERMS
TABLE OF CONTENTS
Ownership of Content
Your Use of the Departure Lounge Websites
Other Terms and Conditions
Linking to Departure Lounge Websites
Links to Third Party Websites
Disclaimer of Warranties
Limitation of Liability
OWNERSHIP OF CONTENT
The Departure Lounge Websites; their past, present and future versions; all pages found within the Departure Lounge Websites; the material and information on the Departure Lounge Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitation the design, structure, “look and feel” and arrangement of such content contained on the Departure Lounge Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Departure Lounge, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Departure Lounge Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Departure Lounge Websites. All rights not expressly granted are reserved
The Departure Lounge Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Departure Lounge’s express prior written authorization. You are granted permission to display on your computer, print and download the Content on the Departure Lounge Websites solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on the Departure Lounge Websites are open source Content and documents subject to the applicable open source licence and are so marked. Your use of those materials is governed by the individual applicable licence.
Unauthorised use of the Departure Lounge Websites or the Content contained on or available through the Departure Lounge Websites or any linked websites may violate applicable Intellectual Property laws or other laws.
The Departure Lounge Websites, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, posts or submissions and other materials (hereinafter, the “Submissions”) intended for review by the general public, or by members of any public or private community. Departure Lounge does not claim ownership of the Submissions and to the full extent permitted by law shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by Departure Lounge and are provided solely for convenience to Departure Lounge customers and users. Departure Lounge reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.
Notice and takedown of material. Departure Lounge encourages you to report material that you believe warrants removal from the Departure Lounge Websites, Online Mediums and Content based on applicable laws. If you would like to report such material for removal, please click here. If you believe that any of the material on the Departure Lounge Websites infringes your copyright, please click here to submit a Copyright Infringement notice. Following Departure Lounge’s receipt of your report of material that you believe warrants removal or Copyright Infringement notice, as applicable, Departure Lounge will contact you as quickly as possible. Departure Lounge may request you provide additional information as necessary to investigate your specific report of material that you believe warrants removal and/or Copyright Infringement complaint.
Departure Lounge retains copyright and/or applicable rights to all text and graphic images supplied on Departure Lounge Websites.
You may print and download the information on Departure Lounge Websites for your own personal, non-commercial and educational use. Unless permitted by mandatory rules of law, you may not distribute any text or graphics featured on Departure Lounge Websites to others without the express written permission of Departure Lounge, “mirror” this information on your own site without written permission from Departure Lounge, or modify or re-use in any way the text or graphics on this site.
You may not use the Departure Lounge Websites, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties.
The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Departure Lounge Websites are either common-law trademarks or registered trademarks of Departure Lounge US, Inc. or its subsidiaries and are protected by trade mark and other laws in the United States, the European Union and other countries, and international laws and treaties.
Use of Departure Lounge trademarks is prohibited unless expressly authorised by Departure Lounge. You are not permitted to use any Marks displayed on the Departure Lounge Websites, metatags or any other “hidden text” utilising Marks of Departure Lounge and its licensors, without the prior written permission of Departure Lounge or such third party who may own the Mark. Without the express prior written consent of Departure Lounge US, Inc., no Departure Lounge Mark may be used in a manner that implies an affiliation with, approval by, endorsement of or sponsorship by Departure Lounge.
All Marks remain the sole property of their respective holders. You may print copies or download copies of the information on this site for your own personal, non-commercial and educational use.
You may not distribute any text or graphics herein to others without the express written permission of Departure Lounge, “mirror” this information on your own site without permission from Departure Lounge, or modify or re-use in any way the text or graphics on this site.
The names of actual companies and products mentioned on the Departure Lounge Websites may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with Departure Lounge. Nothing contained on the Departure Lounge Websites should be construed as granting, by implication or otherwise, any licence or right to use any Marks displayed on the Departure Lounge Websites.
Trademark guidelines and a list of Departure Lounge trademarks and service marks can be found here: www.rackspace.com/information/legal/tmlist.
Logo Requests. Departure Lounge customers wishing to use the “Departure Lounge” logo may contact Departure Lounge to make a request for use.
YOUR USE OF THE DEPARTURE LOUNGE WEBSITES
Password Protected Areas. Access to and use of password protected areas of the Departure Lounge Websites is restricted to authorised users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the Departure Lounge Websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to Departure Lounge; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify Departure Lounge immediately of any unauthorised access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorised access to your account. To the full extent permitted by law Departure Lounge will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by Departure Lounge or any other user or visitor to the Departure Lounge Websites due to someone else using your password or account because of your non-performance under these Terms. You may not use anyone else’s account at any time, without the permission of the account holder.
Content you Submit. Departure Lounge appreciates hearing from you. Blogs, community forums, chat rooms and other
Departure Lounge is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion. Departure Lounge reserves the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever.
You represent and warrant that you own or otherwise have permission to submit any such materials and grant Departure Lounge the rights described herein.
No Unlawful or Prohibited Use. You agree not to upload, post or otherwise transmit via the Online Mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorised disclosure of personal or confidential information; (iii) infringes any patent, trade mark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
You also agree not to use the Departure Lounge Websites or Online Mediums to: (i) impersonate an employee or a representative of Departure Lounge, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorised communication; (iv) attempt to gain unauthorised access to any portion or feature of the Departure Lounge Websites or any other system or networks connected to the Departure Lounge Website or any other services offered through the Departure Lounge Websites, and/or other accounts not belonging to you, or violate security of any portion of the Departure Lounge Websites, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the Departure Lounge Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the Departure Lounge Websites or any transaction being conducted on the Departure Lounge Websites or to restrict or inhibit any other user from accessing or using the Departure Lounge Websites, by means of hacking or defacing any portion of the Departure Lounge Websites; (vii) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control.
OTHER TERMS AND CONDITIONS
Your Purchase of Services and Services Availability. Specific terms and conditions apply to your purchase of services from Departure Lounge and to specific portions or features of the Departure Lounge Websites. Departure Lounge’s obligations with regards to its services offered on the Departure Lounge Websites are governed solely by such terms and conditions and
nothing contained on the Departure Lounge Websites or in these Terms shall be construed to alter terms and conditions that are specific to services. The materials on the Departure Lounge Websites with respect to services may be outdated and Departure Lounge makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that Departure Lounge will make available such services in your country. Please consult your local Racker for information regarding the availability of particular service offerings in your country.
Promotions. The Departure Lounge Websites may contain or offer promotions or other similar features, which may be subject to a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.
LINKING TO DEPARTURE LOUNGE WEBSITES
You may link to the Departure Lounge Websites by using a text link and linking to the Departure Lounge Website’s homepage. Linking directly to any other webpage or content within the Departure Lounge Websites is prohibited without Departure Lounge’s prior written permission. Departure Lounge only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around any content on the Departure Lounge Websites or any pages on the Departure Lounge Websites or use other techniques that alter in any way the visual presentation or appearance of any content within the Departure Lounge Websites; (iii) misrepresent your relationship with Departure Lounge or otherwise create a false affiliation, connection or association with Departure Lounge; (iv) imply that Departure Lounge approves or endorses you, your website, or your services or product offerings; (v) present a false or misleading impression about Departure Lounge or otherwise damage the goodwill associated with the Departure Lounge name or Marks; (v) use Departure Lounge Marks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilise Departure Lounge name, Marks, colours, logos or any other brand features of Departure Lounge, nor your relationship with Departure Lounge for purposes of or in any manner which intentionally gives rise to advertising or publicity without Departure Lounge’s prior written permission. As a further condition to being permitted to link to the Departure Lounge Websites, you agree that Departure Lounge may at any time, in its sole discretion, terminate permission to link to the Departure Lounge Websites. In such event, you agree to immediately remove all links to the Departure Lounge Websites and to cease using any Departure Lounge Marks. Departure Lounge reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the Departure Lounge Websites.
Except for the link logos as provided by Departure Lounge, you may not use the Departure Lounge corporate logo or any other brand feature to link to Departure Lounge.
LINKS TO THIRD PARTY WEBSITES
The Departure Lounge Websites may contain links and references to non-Departure Lounge websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave Departure Lounge Websites and access Linked Websites, you do so at your own risk and Departure Lounge will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection with any purchase or use of any such content, goods or services available on or through any such Linked Website. Departure Lounge has not reviewed the Linked Websites and Departure Lounge is not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on Departure Lounge Websites does not apply approval or endorsement by Departure Lounge of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain a Departure Lounge logo, are independent websites, and Departure Lounge does not control the content on that Linked Website. Additionally, Departure Lounge is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from Departure Lounge, by way of reference or link provided on the Departure Lounge Websites.
All statements on the Departure Lounge Websites other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of Departure Lounge for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments, and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialise. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. If such risks or uncertainties materialise or such assumptions prove incorrect, the results of Departure Lounge could differ materially from our current expectations as a result of many factors, including but not limited to: the unpredictable nature of our rapidly evolving market and quarterly fluctuations in our business; the effects of competition; and any adverse changes in our indirect channel relationships. These and other risks and uncertainties associated with our business are described in our quarterly and annual reports filed with the Securities and Exchange Commission at www.sec.gov/edgar.shtml. Except as required by law, Departure Lounge assumes no obligation to update these forward-looking statements publicly, or to update the reasons, and actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you expressly understand and agree that Departure Lounge and any contributor to the user-generated content via Online Mediums (“Departure Lounge Licensors”) SHALL NOT BE LIABLE to you for:
1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes Departure Lounge and Departure Lounge Licensors may make to the Departure Lounge Websites, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords;
2) any loss or damage which you may incur as a result of your leaving the Departure Lounge Websites and accessing Linked Websites. This includes without limitation any loss or damage that you may incur as a result of any reliance placed by you on the accuracy, completeness or suitability of the content on Linked Websites;
3) to the full extent permitted by law, any damages whatsoever, including without limitation direct, indirect, special, incidental, consequential damages arising out of or in connection with your use of, your inability to use, or results of the use of the Departure Lounge Websites, Online Mediums and Content and any Linked Websites (including without limitation for loss of or damage to business, revenues, goodwill or data) even if Departure Lounge and Departure Lounge Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such loss or damages, however they arise, whether in breach of contract, negligence or other tortious action.
Nothing in these Terms shall exclude or limit liability to a greater extent than is permitted by applicable law and nothing in these Terms shall exclude or limit liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by negligence.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Departure Lounge, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives and Departure Lounge Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Departure Lounge Websites, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the Departure Lounge Websites and Online Mediums; (iii) your violation of these Terms or Departure Lounge Websites’ specific Terms and Conditions. This indemnification obligation will survive the termination of your Departure Lounge account or these Terms.
© 2022 Departure Lounge Inc.