Zanza Blue Incorporated d/b/a Zanza Blue Entertainment
Definitions
Zanza Blue" or "we" means Zanza Blue Incorporated d/b/a Zanza Blue Entertainment, and its subsidiaries and affiliates.
"Site" means the www.zanza.com website and/or the www.zanzablue.com website, and their respective sub-sites, together with the respect to Content, Marks, Products and Services available from these sites and sub-sites.
ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT SHALL NOT BE LIABLE FOR ANY DAMAGES, LOST PROFITS, INJURIES, SAVINGS, OR GOODWILL RESULTING FROM YOUR USE OR INABILITY TO USE INFORMATION PROVIDED FROM THIS SITE.
USER AGREEMENT
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE . Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
USE OF SITE
Zanza Blue Incorporated d/b/a Zanza Blue Entertainment grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservation requests or purchase requests and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Zanza Blue Incorporated d/b/a Zanza Blue Entertainment, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You shall not use or authorize or permit any third party to use on your behalf any information contained within this site. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Zanza Blue Incorporated d/b/a Zanza Blue Entertainment deems in its sole discretion to be unreasonable or disproportionate to the benefits Zanza Blue Incorporated d/b/a Zanza Blue Entertainment obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. If you have been notified by Zanza Blue Incorporated d/b/a Zanza Blue Entertainment that you are prohibited from using the site, then you have no license to use the site and any access by you or on your behalf shall be unauthorized and unlawful. Zanza Blue Incorporated d/b/a Zanza Blue Entertainment may provide notice under this or any other section of this agreement via an email sent to the email address provided on this site. Zanza Blue Incorporated d/b/a Zanza Blue Entertainment reserves the right to cancel any and all bookings or other transactions you have made on the site after you have been prohibited from using the site, with no liability whatsoever to you. If you have a Zanza Blue Incorporated d/b/a Zanza Blue Entertainment account.
OWNERSHIP
This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Zanza Blue Incorporated d/b/a Zanza Blue Entertainment and/or its affiliates ("Zanza Blue Incorporated d/b/a Zanza Blue Entertainment") and/or its or their various third party providers and distributors. The trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of Zanza Blue Incorporated d/b/a Zanza Blue Entertainment, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of Zanza Blue Incorporated d/b/a Zanza Blue Entertainment, or such other party that may own the Trademarks.
PRIVACY
You have read the Zanza Blue Incorporated d/b/a Zanza Blue Entertainment Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Zanza Blue Incorporated d/b/a Zanza Blue Entertainment and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Zanza Blue Incorporated d/b/a Zanza Blue Entertainment Privacy Policy.
LIMITATION OF LIABILITY
ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR CONTENT FOUND HEREIN,OR THE PERFORMANCE OR NON PERFORMANCE BY ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
THIS SITE IS PROVIDED BY ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT, ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
EXCLUSION OF WARRANTY
ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM ZANZA BLUE INCORPORATED D/B/A ZANZA BLUE ENTERTAINMENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
ADDITIONAL TERMS
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that if you violate any such supplier's rules and restrictions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any monies paid for such reservation(s). Zanza Blue Incorporated d/b/a Zanza Blue Entertainment may debit your account or charge you for any costs we incur as a result of such violation.
RELATIONSHIP
The relationship between Zanza Blue Incorporated d/b/a Zanza Blue Entertainment and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. User agrees that if a request for purchase for a travel reservation is accepted, Zanza Blue Incorporated d/b/a Zanza Blue Entertainment will confirm the reservation and forward your billing information including but not limited to credit card information to the travel company.
GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the state of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Kane county, the state of Illinois, United States of America, in all questions and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.
INDEMNIFICATION
You shall defend and indemnify Zanza Blue Incorporated d/b/a Zanza Blue Entertainment and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site (including without limitation any violation by you of this User Agreement).
ATTORNEY'S FEES
If Zanza Blue Incorporated d/b/a Zanza Blue Entertainment or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
COPYRIGHT INFRINGEMENT
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Site should be sent to Zanza Blue Incorporated d/b/a Zanza Blue Entertainment, Phone: 888-699-2692, Email: travel@zanza.com . We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
INJUNCTION
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Zanza Blue Incorporated d/b/a Zanza Blue Entertainment as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Zanza Blue Incorporated d/b/a Zanza Blue Entertainment shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Zanza Blue Incorporated d/b/a Zanza Blue Entertainment in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
TERMINATION
Zanza Blue Incorporated d/b/a Zanza Blue Entertainment may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Zanza Blue Incorporated d/b/a Zanza Blue Entertainment and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Zanza Blue Incorporated d/b/a Zanza Blue Entertainment and its third party providers or distributors, as applicable.
ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
MODIFICATION
Zanza Blue Incorporated d/b/a Zanza Blue Entertainment may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
SEVERABILITY
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
HEADINGS
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
ENTIRE AGREEMENT
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.