Terms and Conditions
TERMS & CONDITIONS
Last update: October 22, 2012
Please read carefully.
Welcome to the lionhuntingsafaris.com web site (the "Web Site"). The goal of this Web Site is to provide you with access to African Safaris hunting and accommodation packages that we are actively marketing and related links to provide you information on African Safaris (the "Content"). Please read these Terms of Use (the "Terms") carefully before continuing on with your use of this Web Site.
1. THIS IS AN AGREEMENT BETWEEN YOU AND AAA AFRICA SERAPA SAFARIS, LLC
These Terms are an agreement between you and AAA Africa Serapa Safaris, LLC ("Serapa Safaris", “We”, “Us”, “Our”). These Terms govern your use of the Web Site, or any Web site or Web page operated by Us (collectively the “Serapa Safaris Web”). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
SERAPA SAFARIS OFFERS THIS WEBSITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY; AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE.
2. HOW SERAPA SAFARIS CAN MODIFY THESE TERMS
Serapa Safaris reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using the Serapa Safaris website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.
In accordance with our goals, the Serapa Safaris website will permit you to link to many other web sites, that may or may not be affiliated with the Serapa Safaris website and/or Serapa Safaris, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such web sites through links provided on the Serapa Safaris website is governed by the terms of use and policies of those sites, not the Serapa Safaris website.
3. RESTRICTED AREAS OF THE SERAPA SAFARIS WEBSITE
We reserve the right to restrict certain areas of information on this site to our approved registered users. In the event that any area of the site requires you to register with us prior to our granting you access to such areas of the site, you agree to provide truthful information, including but not limited to a user name and password as well as your name, address, telephone number and a valid email address (the “account information”). You agree to provide accurate account information and to update your account information as necessary to keep it accurate. Serapa Safaris will use your account information in accordance with its Privacy Policy. For more information, please review our full Privacy Policy which can be found on lionhuntingsafaris.com.
You are solely responsible for maintaining the confidentiality of your user name and password. You agree to notify us immediately of any unauthorized use of your user name, password or account. Serapa Safaris will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless Serapa Safaris its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
4. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
All content on the Serapa Safaris website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Serapa Safaris or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Serapa Safaris. Content on the Serapa Safaris Web or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Serapa Safaris or the Providers. Without the prior written consent of Serapa Safaris or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Content in copyrights, trademarks or service marks and other proprietary rights, and is prohibited.
You may not use on your web site any trademarks, service marks or copyrighted materials appearing on the Serapa Safaris website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on the Serapa Safaris website without the prior written consent of Serapa Safaris.
5. NO UNLAWFUL OR HARMFUL USE OFTHE SERAPA SAFARIS WEBSITE
As a condition to your use of the Serapa Safaris website, you warrant to Serapa Safaris that you will not use the Serapa Safaris website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use the Serapa Safaris website immediately terminates without the necessity of any notice. Serapa Safaris retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.
You are specifically prohibited from any use of the Serapa Safaris website, and You agree not to use or permit others to use the Serapa Safaris website, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this website; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browser such as Microsoft Internet Explorer® and Microsoft Firefox® may be used without such permission.
6. LINKS TO OTHER WEB SITES
The Serapa Safaris website may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Serapa Safaris's control, and Serapa Safaris is not responsible for, and does not endorse, such content, whether or not Serapa Safaris is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by Serapa Safaris, or its affiliates or Providers.
7. PRIVACY POLICY
Unless otherwise addressed in this agreement, your use of this site is subject to Serapa Safaris’s privacy policy which can be found at: http://www.lionhuntingsafaris.com/#!privacy-policy/c13e0. This policy is incorporated by reference and made a part of this agreement. It is important that you read and understand the terms of Serapa Safaris's privacy policy. Serapa Safaris may cooperate with and disclose information as required by applicable law at the time the request is made.
8. SUBMISSIONS OR OTHER INFORMATION
If you submit to us or post on the site any property listing, testimonial, comment, review, suggestion or any work of authorship (collectively a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
9. DISCLAIMERS / LIABILITY LIMITATIONS
A. ALL CONTENT ON THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, SERAPA SAFARIS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER SERAPA SAFARIS, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE SERAPA SAFARIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERAPA SAFARIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THE SERAPA SAFARIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. SERAPA SAFARIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERAPA SAFARIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THE SERAPA SAFARIS WEBSITE.
B. YOU EXPRESSLY AGREE THAT USE OF THE SERAPA SAFARIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT SERAPA SAFARIS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER SERAPA SAFARIS, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THE SERAPA SAFARIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THE SERAPA SAFARIS WEBSITE OR ANY OTHER LINKED SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERAPA SAFARIS AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SERAPA SAFARIS IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, SERAPA SAFARIS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION.
C. IF YOU ARE DISSATISFIED WITH THE SERAPA SAFARIS WEB, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST SERAPA SAFARIS OR THE PROVIDERS WITH RESPECT TO THIS AGREEMENT OR THE SERAPA SAFARIS WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERAPA SAFARIS WEBSITE.
10. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AGREE THAT YOU MUST COMMENCE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERAPA SAFARIS WEBSITE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Serapa Safaris and the Providers, its and their respective officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms or applicable law.
12. THIRD PARTY RIGHTS
These Terms are for the benefit of Serapa Safaris and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
13. JURISDICTIONAL ISSUES
Unless otherwise specified, the Content contained in the Serapa Safaris website is presented solely for your convenience and/or information. The Serapa Safaris website is controlled and operated by Serapa Safaris with offices located in Pennsylvania and South Africa. Serapa Safaris makes no representation that Content in the Serapa Safaris Web is appropriate or available for use in other locations. Those who choose to access the Serapa Safaris Web from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in the Serapa Safaris Web in violation of the export laws and regulations of the United States of America or South Africa.
All claims arising from or related to this Agreement and the Serapa Safaris Web will be adjudicated under the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Lehigh County, Pennsylvania, United States of America in all disputes arising out of or relating to these Terms and to your use of the Serapa Safaris Web.
14. ASSIGNMENT / SEVERABILITY
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Serapa Safaris may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Serapa Safaris Web. Except as expressly stated herein, this Agreement constitutes the entire integrated agreement between you and Serapa Safaris with respect to the Serapa Safaris Web and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Serapa Safaris with respect to the Serapa Safaris Web. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. You acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions.
15. MISCELLANEIOUS
Serapa Safaris or its business partners may present advertisements or promotional materials on or through the Serapa Safaris Web. Your dealings with, or participation in promotions of, any third-party advertisers on or through the site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Serapa Safaris is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the site.
Serapa Safaris may send notices to you with respect to your use of the site by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by a posting a note on the site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
For questions regarding this site or your use of this site, please email us at info@lionhuntingsafaris.com.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY AAA AFRICA SERAPA SAFARIS, LLC.
This Web Site is controlled and operated by AAA Africa Serapa Safaris LLC, P.O. Box 19, Tosca, South Africa, 8618.