My Little Swans Terms of Service

MyLittleSwans LLC is pleased to make its Site and Services, each as described below, available to you on the following terms and conditions ("Terms of Service" or "Terms"). These Terms of Service are a legal contract between the individual or other entity using the Site and/or Services ("you") and MyLittleSwans LLC ("we," "us," "our," or "MLS"). Your access to and use of the Site and/or Services are expressly conditioned on your agreement to and compliance with these Terms of Service. BY ACCESSING, BROWSING, OR USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. Subject to your compliance with all terms and conditions herein, MLS grants you permission to use the Site and Services as set forth in the Terms.

TABLE OF CONTENTS

1. Site and Services, and Eligibility
For purposes of these Terms of Service, the "Site" means the website operated by MLS and currently located at www.mylittleswans.com, as it may be updated, relocated, or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into that website. The term "Services" means: (i) the service of making the Site or portions thereof available via the Internet or other media; and (ii) any additional services of MLS (which might include, for example, creation of sample travel itineraries, providing off-line travel tips, or referring you to fellow travelers or third-party travel providers) that we make available via the Site, off-line, or through any membership plan or other program whose registration form or similar documentation references these Terms of Service.

1.1 THE SITE AND SERVICES ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF EIGHTEEN (18), OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE OR SERVICES BY MLS. BY ACCESSING, BROWSING, OR USING THE SITE OR SERVICES YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE OR SERVICES.

1.2 If you are using the Site or Services on behalf of a company, entity, or organization (collectively, "Subscribing Organization"), you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and agree to be bound by these Terms on behalf of such Subscribing Organization.

1.3 The Site and Services are informational in nature only, and MLS is merely an information provider. Nothing in this agreement, or in the use or access of the Site or Services, including registering for membership, shall be construed to create an agency relationship between you and MLS.

1.4 The Site and Service are for personal, noncommercial use only. Any use of the Site or Services (or the information or materials contained therein) for commercial purposes, or on behalf of any third party is strictly forbidden. Without limiting the foregoing, The Site and Service may not be used by travel agents, or other similar travel industry professionals without express written approval from MLS. By registering you affirm that you are not a travel agent, or similar travel industry professional.

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2. Registration, Service Levels, and Fees
As used below, the "Registration Materials" means: (i) the MLS membership registration form for the Site and Services, as completed by you and accepted by MLS; and (ii) the MLS service description documentation that we make available to you in connection with your registration.

2.1 Subject to these Terms of Service, we will provide you with access to the Site and Services at the level for which you have registered and, where applicable, have paid required fees, all as set forth in your Registration Materials. Unless otherwise expressly stated in the Registration Materials, all fees are non-refundable. We reserve the right, in our sole discretion, modify the Site and Services, or fees charged for access or use of any portion of the Site or Services (or to make all or any portion of the Site and Services available for free) on a going-forward basis without liability to you. Any renewals will be subject to the pricing in effect at the time of renewal. All new registrations are subject to our approval, and will not be effective until confirmed by us. The term of your membership begins on the date of our confirmation and expires twelve (12) months after that date or as otherwise specified in your Registration Materials. You will receive notice thirty (30) days prior to expiration of your membership, and your membership will renew for another twelve (12) month term unless you provide MLS written notice of your intent to opt out of the renewal process. If we offer and you elect to receive any Services beyond the service level for which you have registered and paid, you will be responsible for paying any additional fees and complying with any additional terms and conditions, as specified by us in connection with offering those Services. By registering for or using any paid features on the Service, you are authorizing MLS to charge your payment instrument the applicable fees at the then-current rates, including renewal fees, associated with the use of such features.

2.2 You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the Site or Services. You agree not to disclose your password to any third party, with the exception of non-minor family members who are part of your travel group. You agree to take sole responsibility for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your username or password.

2.3 You agree to provide true, accurate, current, and complete information about yourself as prompted by any form you complete as part of the process of registering for the Services and/or setting up your account, including without limitation any payment instrument information. If any information provided by you is untrue, inaccurate, not current, deceptive, misleading, or incomplete, or in the event that any charge to your payment instrument is rejected or cannot be processed, we reserve the right to terminate your account and refuse any and all current or future use of the Site and Services. You are responsible for keeping your account information current and accurate; we will have no liability for failure to deliver notices that result from inaccurate account information.

2.4 Individuals and entities affiliated with third party service providers listed on the MLS Site are not eligible to register for a membership. By registering, you acknowledge and affirm that you are not affiliated with any such third party.

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3. Third Party Services and Resources; MLS is Not a Travel Agent
Through links, postings, articles, or other elements of the Site and/or Services, you may be informed of or receive access to third party services, products, offers, promotions, features, websites, resources, information and the like (referred to herein as "Third Party Services"). While we strive to provide information regarding reputable and competent service providers, you acknowledge and agree that we are not responsible for the availability, quality, or performance of Third Party Services, and we do not endorse and are not responsible or liable for any content, advertising, representations, opinions, advice, services, products, or other materials that you may receive through such Third Party Services. MLS IS NOT A SELLER OF TRAVEL OR A TRAVEL AGENT OR OTHERWISE YOUR LEGAL AGENT. YOU ARE RESPONSIBLE FOR SELECTING AND MAKING YOUR TRAVEL ARRANGEMENTS OR ENGAGING THIRD PARTY SERVICES TO DO SO. THE TOUR OPERATORS, CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES REFERENCED THROUGH THE SITE AND SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF MLS. MLS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FROM ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

The Site may contain hyperlinks to websites operated by Third-Party Service providers or other parties other than MLS. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites.

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4. Third-Party Transactions and Charges
Your relationship with Third Party Services is governed by separate terms and conditions as established by each Third Party Services provider, and when you use, purchase, or receive any Third Party Services, your relationship is directly with the third party. It is your responsibility to understand and abide by all payment obligations, privacy policies, and other terms and conditions that apply to any Third Party Services you elect to use, purchase, or receive. You agree that we will have no liability for any claims, losses or damages arising out of or in connection with your use of any Third Party Services, even if we have referred you to the particular third party, and you will indemnify us and hold us harmless against any claims arising out of or relating to your use, purchase, or receipt of Third Party Services, your acts or omissions, or your breach of any terms or conditions applicable thereto.

You are solely responsible for your dealings with any Third-Party Service provider, as well as any Internet service provider, wireless carrier, telecommunications company, or other carrier or similar service provider in connection with your use of the Site or Services, and for paying any fees or other amounts charged by any such provider(s) in connection with such use.

If you have a dispute with a Third-Party Service provider, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

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5. Travel Considerations
When you use our Site or Services to gather information in preparation to make travel plans, please keep in mind that certain destinations and activities may involve greater risk than others, and that travel (particularly international travel) is an inherently unpredictable activity. Travel with children involves particular types of additional risks and challenges. We urge you to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and other sources prior to booking travel. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be obtained from www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov, and other on- and off-line sources.

You are responsible for knowing and complying with all applicable passport, visa, and other travel documentation requirements, for obtaining proper and adequate insurance coverage, and for ensuring that you and your travel group take appropriate health, safety, and security precautions prior to, during, and after your travel. While MLS may, from time to time, provide information through the Site or Services relevant to these topics or any other aspect of the travel experience, such information is for your convenience only, and is not warranted to be current, complete, or accurate.

BY INFORMING YOU OF OR FACILITATING ANY ARRANGEMENTS INVOLVING ANY PARTICULAR DESTINATIONS OR ACTIVITIES, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO THOSE DESTINATIONS OR PARTICIPATION IN THOSE ACTIVITIES IS ADVISABLE OR WITHOUT RISK. INFORMING YOU OF SPECIFIC RISKS ASSOCIATED WITH PARTICULAR DESTINATIONS OR ACTIVITES, DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THERE ARE NOT OTHER RISKS ASSOCIATED WITH THOSE DESTINATIONS. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO ANY PROPERTY DAMAGE, THEFT, PERSONAL INJURY, ILLNESS, OR DEATH) THAT MAY OCCUR DURING OR RESULT FROM ANY TRAVEL OR ASSOCIATED ACTIVITIES. YOU WILL BE IN THE BEST POSITION TO EVALUATE CURRENT CONDITIONS AND DETERMINE THE RELATIVE SAFETY AND WISDOM OF YOUR ACTIONS WHILE TRAVELING AND YOU MUST USE INDEPENDENT JUDGEMENT AND CAUTION WHEN CHOOSING WHETHER TO PARTICIPATE IN PARTICULAR ACTIVITIES. PARENTS MUST USE THEIR JUDGMENT IN EVALUATING WHAT ACTIVITIES TO ALLOW CHILDREN TO PARTICIPATE IN.

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6. Privacy
Your privacy is very important to us. Our Privacy Policy (a current copy of which may be viewed at www.mylittleswans.com/help_privacy_policy.php or obtained from us upon request) is hereby incorporated into these Terms by reference. Please read this policy carefully for information and notices concerning our collection, use, and disclosure of personal information we receive when you register for, use, or access the Site or Services. You hereby agree to abide by our Privacy Policy and to stay informed of any changes to the posted policy.

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7. Notifications; Modification of Terms
We may provide notices to you either by posting them on the Site or by email to the address you provided when you registered for an account. All notices are effective upon posting or when sent. Additionally, we may modify these Terms of Service and/or our Privacy Policy at any time by posting the modified version on the Site or by sending you a copy by email. Please check these Terms periodically for changes. By continuing to access or use the Site or Services after we have posted or emailed any such modifications, you agree to be bound by the modified Terms of Service or Privacy Policy (as applicable). Material changes to these Terms will automatically become effective thirty (30) days after they are posted or sent to you via email. If, within thirty (30) days of posting of such a material change, you should choose to terminate your then-current paid membership by notifying MLS in writing, you will receive a partial refund of any applicable fees paid in advance for services not yet rendered, pro-rated as of your termination of the membership. The following Sections survive any termination of this Agreement: Registration, Service Levels, and Fees (with respect to fees owed for our services already provided); Third Party Transactions and Charges; Use of Forums, Public Communication; and Feedback; Indemnity, Limitation of Liability; and Applicable Laws and Dispute Resolution.

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8. Your Use of Site Information
To the extent you are entitled under these Terms of Service to access the Site, you may download, view, and print a single copy of any content on the Site, without modification, solely for personal, informational, non-commercial purposes, subject to all the restrictions set forth in these Terms of Service (including but not limited to those under Section 10, "MLS Property," below).

Information available in access-controlled portions of the MLS Site is proprietary, confidential information of MLS. You may not use such information for any purpose other than to inform yourself about travel options and to aid in making travel arrangements for yourself and your own travel party, and you may not disclose any such information other than to members of your own travel party. For the purposes of the foregoing, "your own travel party" means a group that you will travel with, and excludes any travel party for which you are being paid or otherwise compensated for your activities in organizing, researching, or booking the trip. Without limiting the generality of the foregoing, you may not disclose (i) any personal information about any other MLS member that you may encounter while using the service, (ii) the name, contact information, or travel services offered by any MLS affiliate, or (iii) the specific details of any trip or itinerary or other travel experience made available on the MLS Site.

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9. Your Use of Forums, Public Communication, and Feedback
The Site or Service may enable you to share content or information with other users or with MLS (for example, through online forums or other communications channels). You agree not to use these features to upload, email, post, publish or otherwise transmit any content or information that: (i) violates any restriction set forth below under Section 11, "General Prohibitions;" or (ii) is commercial in nature (unless specifically authorized by us). We reserve the right to remove, without notice, any content or information which we determine, in our sole discretion, does not comply with these requirements.

9.1 By uploading, emailing, posting, publishing or otherwise transmitting content to any online forum or other area of our Site, or by submitting any content or feedback (including, without limitation, suggestions, complaints, ideas, results, modifications, improvements, translations, discoveries and observations) to MLS ("Submissions") by any means, you automatically grant MLS a worldwide, royalty-free, non-exclusive, perpetual, sublicensable, right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, and transmit such Submissions in any form, medium, or technology now known or later developed, provided that such use shall be limited to use in connection with the Site or Services and subject to the restrictions stated in our Privacy Policy. In addition, you warrant that you have sufficient rights in the Submissions to grant the license granted above, and that all so-called moral rights in the Submissions have been waived. If you remove any Submissions posted to the Site, the license for such Submissions will terminate with respect to the Site; provided that you acknowledge that MLS will not be obligated to terminate any sublicense rights previously granted. If you have posted Submissions to a private area of the Site, the Submissions will not be sublicensed to any third-party without your opt-in consent.

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10. MLS Property
Your rights with respect to the Site (other than your Submissions) and Services are limited to those rights expressly granted in these Terms of Service. You acknowledge and agree that MLS and its licensors own all right, title, and interest in and to the Site and Services, including all intellectual property rights therein, even if MLS or its licensors incorporate any of your Submissions into subsequent versions of the Site or Services. The Site and Services are protected by copyright, trademark, trade secret, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Site or Services, including without limitation any information provided through the Site or Services.

The content of the Site includes copyrighted materials, trademarks, trade secrets, and other proprietary information, which may include, without limitation, collections of travel related information, trip itineraries, contact information of service providers, personal information of MLS Members, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Site and subsets thereof are also protected by copyright as collective works. MLS owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to MLS. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any materials contained on the Site.

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11. General Prohibitions
You agree not to do or attempt any of the following during or in connection with your use of the Site or Services:

11.1 Engage in any activities, including but not limited to posting, publishing or transmitting any text, graphics or material, that: (i) are false or misleading; (ii) are defamatory or libelous; (iii) invade another's privacy; (iv) are obscene, pornographic or offensive or otherwise deemed by MLS, in its sole discretion, to be inappropriate for distribution in a family-oriented community; (v) promote bigotry, racism, hatred or harm against any individual or group; (vi) infringe another's rights, including any intellectual property, privacy or publicity rights; (vii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (viii) use the Site or Services for, as a part of, or in connection with any illegal purpose whatsoever;

11.2 Circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the Services;

11.3 Copy, modify or distribute the computer code used to generate web pages on the Site;

11.4 Use any portion of the Site or Services on or in connection with any other website for any purpose without our permission, with the exception of linking to the Site's home page (www.mylittleswans.com);

11.5 Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;

11.6 Probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;

11.7 Access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by MLS or other generally available third party web browsers;

11.8 Send unsolicited email, bulk email, junk mail, "spam" or chain letters, or promotions or advertisements for products or services, including without limitation those which are designed to promote, directly or indirectly, a travel-related product or service with which you have a business relationship or other commercial connection (other than being a satisfied customer);

11.9 In any way use the Site or Services to send altered, deceptive or false source-identifying information;

11.10 Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;

11.11 Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site; or

11.12 Impersonate or misrepresent your affiliation with, or your lack of affiliation with, any person or entity.

You acknowledge that we have no obligation to monitor your access to or use of the Site and Services, or any information you may provide during your use of or access to the Site and Services, but we may do so for purposes such as operating the Site, ensuring your compliance with these Terms of Service, and complying with applicable legal requirements.

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12. Termination of Use; Discontinuation and Modification of Services
If you violate any of these Terms of Service, your permission to use the Site and Services will automatically terminate, and you will not be entitled to any refund of any fees you may have paid for access to any part of the Site or Services. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Site and Services, and any account(s) you may have in connection with the Site: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of MLS or any third party; or (ii) in connection with any general discontinuation of the Site and/or Services. We also reserve the right to modify the Site or Services at any time without notice to you. If we suspend or revoke your access to the Site and Services for no fault on your part, or if we discontinue or modify the Site and/or Services such that they not longer comply with the applicable service description in your Registration Materials, we will offer you a partial fee refund as we deem equitable to account for the diminished value. Except as expressly provided in the preceding sentence, we will have no liability whatsoever on account of any change to the Site or Services or any suspension or revocation of your access to or use of the Site or Services. You may terminate this Agreement, and your account, at any time by contacting customer service at info@mylittleswans.com.

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13. Use of the Site & Services at Your Own Risk
Your access to and use of the Site and Services is at your own risk. Always use caution and common sense when using the Services, especially when giving out any personally identifying information about yourself or with respect to financial information or transactions. We do not control, moderate, or endorse the content, messages or information found in user-submitted portions of the Services or external locations and, therefore, we specifically disclaim any responsibility with regard thereto.

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14. Indemnity
You agree that you will be personally responsible for your use of the Site and Services, and you agree to defend, indemnify and hold harmless MLS and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "MLS Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Site and/or Services; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim or allegation of a third party to which MLS has referred you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and (v) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

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15. The Site & Services are Provided "AS-IS"
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MLS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SITE OR SERVICE WILL MEET YOUR REQUIREMENS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SITE OR SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE OR SERVICES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.

ALL ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, IS "AS IS" AND NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED FROM THE MLS ENTITIES OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY. INCLUSION OF INFORMATION ON THE MLS SITE IS FOR REFERENCE PURPOSES ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT OF QUALITY, RELIABILITY, OR ANY OTHER ATTRIBUTE OF THE SUBJECT OF THE INFORMATION, THE INFORMATION ITSELF, OR THE SOURCE OF THE INFORMATION.

MLS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE TRAVEL PACKAGES AND OTHER TRAVEL PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED BY THE RESPECTIVE SUPPLIERS).

THE MLS ENTITIES ARE NOT RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED UPON THE SITE OR SERVICES. THE MLS ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE OR SERVICES, AND MAKE NO COMMITMENT OR WARRANTY TO CORRECT ANY SUCH ERRORS OR OMISSIONS OR UPDATE OR KEEP CURRENT THE INFORMATION CONTAINED IN THE SITE OR SERVICES. IT IS YOUR RESPONSIBILITY TO VERIFY THAT THIS INFORMATION IS SUITABLE FOR YOUR PURPOSES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE MLS ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE MLS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE MLS ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE MLS ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF THE MLS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SITE OR SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO MLS FOR ACCESS TO AND USE OF THE SITE OR SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (II) $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MLS AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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17. Applicable Laws and Dispute Resolution
We operate the Site from our offices in California, and we make no representations that information and materials included in the Site or Services are appropriate or available for use in other locations. Access to the Site or Services from any territory where the content is illegal is prohibited.

If a dispute arises between you and MLS, you and MLS agree that we will resolve any claim that arises out of or relates to this Agreement or our Site or Services (a "Claim") solely in accordance with the provisions set forth below or as we and you otherwise agree in writing.

17.1 Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California without reference to conflict of law provisions. You agree that any claim or dispute you may have against MLS shall be exclusively resolved by a court located in the City and County of San Francisco, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the City and County of San Francisco, California for the purpose of litigating all such claims or disputes.

17.2 Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties shall comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

17.3 Improperly Filed Claims - All claims you bring against MLS must be resolved in accordance with this Section, and any claims filed or brought contrary to the Section shall be considered improperly filed. Should you file a claim contrary to this Section, MLS may recover reasonable attorneys' fees and costs up to $1000, provided that MLS has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

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18. General
These Terms of Service, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and MLS regarding your use of and access to the Site and Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer these Terms of Service or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Service at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms of Service is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

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19. Copyright and Trademark Information
Site Copyright © 2008 MyLittleSwans LLC. All rights reserved. My Little Swans, the My Little Swans logo, and "Share a world of experience" are trademarks or registered trademarks of MyLittleSwans, LLC in the United States and other jurisdictions.

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20. Contact Information
If you have any questions regarding these Terms of Service or the Site or Services, please contact us at termsofservice@mylittleswans.com.

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21. Digital Millennium Copyright Act Complaints, Notices and Official Address
We take the intellectual property rights of others very seriously and we comply with the complaint procedures of the Digital Millennium Copyright Act.

21.1 Repeat Infringers: MLS will promptly terminate without notice your access to the Site and Services if you are determined by MLS to be a "repeat infringer." A repeat infringer is one who has been notified by MLS of infringing activity violations more than twice and/or who has had any Submission removed from the MLS Site and Services more than twice.

21.2 Complaints: If you believe that any of the material on our Site infringes any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please send the specific details of your claimed infringement via either email or letter to the contact listed below.

My Little Swans
1200 Park Place
San Mateo, CA 94403

Email: digitalrights@mylittleswans.com

In order for MLS to address your concern, your notification must include the following information:

1. Identification of the copyrighted work(s) claimed to have been infringed and statement of ownership to such work(s);

2. Identification of the material 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 us to locate the material;

3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address at which you may be contacted;

4. A statement that you 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;

5. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

6. Your physical or electronic signature and the address, telephone number and e-mail address at which you may be contacted.

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