cherry awards

Cherry Awards Terms And Conditions

BACKGROUND:

This agreement applies as between you, the User of the Websites and Finetraveling Limited, the owner(s) of the Websites. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Websites. If you do not agree to be bound by these terms and conditions, you should stop using the Websites immediately.

  1. Definitions and Interpretation

    In this Agreement the following terms shall have the following meanings:

    “Account” means collectively the personal/identifying information and credentials used by Users to access parts of the Websites and to create User Reviews and/or Business Listings;

    “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Websites;

    “Review” means a review or opinion posted on the websites by Users;

    “Finetraveling.com” “Cherryawards.com” “Finetraveling’’ or ‘’FT” means Finetraveling Limited owner of the Websites. Contact address: P.O.BOX 24688, 1302 Nicosia – Cyprus.

    “Reviewer” “User” / “Users” / “FT users”/ “FT Editors”/ “Editors” All mean a User that wishes to or has posted a Review and/or a User who wishes to add a new establishment and/or edit an existing entry on the Websites and/or access his/her/their account;

    “Service” means collectively any online facilities, tools, services or information that FineTraveling Ltd makes available through the Websites either now or in the future;

    “System” means any online communications infrastructure that Finetraveling Limited makes available through the Websites either now or in the future. This includes, but is not limited to, User Reviews, email addresses and online forms;

    “User Review” means a review and/or opinion posted on the Websites by a Reviewer which may or may not coincide with your own opinion.

    “Websites” mean the websites that you are currently using (www.finetraveling.com and www.cherryawards.com) and any sub-domains of those sites unless expressly excluded by their own terms and conditions.

  2. Intellectual Property
    1. Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Websites, unless contained in User Reviews, including, but not limited to, text, photographs, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of FineTraveling Ltd and/or the property of the businesses listed in the Websites and their our affiliates. By continuing to use the Websites you acknowledge that such material is protected by applicable Cyprus and International intellectual property and other laws.
    2. You may not print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Websites as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Websites or unless given express written permission to do so by Finetraveling Limited or by the businesses which owns the rights to the intellectual property. Specifically you agree that:
      1. You will not copy Content from the Websites with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by the owners of the intellectual property;
  3. Third Party Intellectual Property
    1. The Intellectual Property Rights subsisting in the Content of User Reviews and photographs belong to the Reviewers who posted them. FineTraveling Ltd may however use this Content for other related projects and services which may be developed in the future, as well as for internal operations, data analysis, testing, and research and service improvement.
    2. Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties and unless expressly stated you will not print, reproduce, copy, distribute, store or in any other fashion re-use such Content.
  4. Links to Other Websites

    The Websites may contain links to other websites. Unless expressly stated, these sites are not under the control of FineTraveling Ltd or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Websites does not imply any endorsement of the sites themselves or of those in control of them.

  5. Links to the Websites

    Those wishing to place a link to our Websites on other sites may do so only with express written permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of FineTraveling Ltd. To find out more please contact us by email or call us on +357 22444411.

  6. Eligibility and approval: Posting Reviews on the Websites
    1. When posting a User Review on the Website you should do so in accordance with the following rules:
      1. you must not use obscene or vulgar language;
      2. your User Review may not contain Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      3. your User Review may not contain Content that is intended to promote or incite violence;
      4. your Review may not contain anything that is defamatory in nature; 6.1.6 your User Review should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other products or services or with other User Reviews;
      5. User Reviews must be made using the English language(s). Content in any other language may be removed at our sole discretion;
      6. your User Review may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
      7. you must not post links to other Websites containing any of the above types of Content;
      8. the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
      9. your User Review must be placed into the appropriate category;
      10. you must not impersonate other people or businesses;
      11. you must disclose any professional or trade relationship between you and the products or services detailed in your User Review;
      12. you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
      13. you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
    2. You acknowledge that Finetraveling Limited shall monitor, approve or reject, edit and/or remove any User Review posted to the Websites. In order to maintain a reliable and trouble-free platform that contains impartial and uniform ratings and reviews, Finetraveling reserves the right to alter, remove or provide any adjustment to the Content provided by FT Editors and FT users at any time, without warning and without explanation. Issues that may arise from misuse or misconduct of the websites Finetraveling.com and Cherryawards.com may be resolved in any manner that FineTraveling Ltd sees fit.
    3. FineTraveling Ltd may edit your User Review to comply with the provisions of Clauses 6 and 7 without prior consultation. In cases of breaches of the provisions of Clauses 6 and 7, your User Review may be removed and your Account may be suspended or terminated. You will not be informed in writing of the reasons for any such alterations or removals.
  7. Adding new establishments and /or writing reviews
    1. Finetraveling registered users (‘’FT users’’, ‘’Users’’) may create a free account once they provide the necessary registration information and contact details. Upon verification of their account, FT users may start posting a comment or User Review on the websites and add their own new entries, except in the case of “related parties” who are prohibited to add establishments with which they may have an affiliation or submit comments on them. “Related parties” are users who are related to an establishment (i.e. employees, owners and their family members etc.), as well as individuals who are affiliated with its competition (including but not limited to employees and owners of those competing businesses and their family members etc.)
    2. FT users may not add any establishment with which they are related or post comments on it. Such an act would be a violation of the terms and would result in biased Content which does not belong in FT. Any belief that such an entry or post has been made shall result in its immediate removal and in the subsequent ban of both the establishment and the FT user and the termination of their account from the websites.
    3. In order to post a User Review, you are required to submit certain personal details and/or business details. By continuing to use the Websites you represent and warrant that any information you submit is accurate and truthful; and you will keep this information accurate and up-to-date.
    4. By posting a User Review you warrant and represent that you are the author of that User Review or that you have acquired all of the appropriate rights and / or permissions to post it. Furthermore, you warrant that the Reviews are based on your own experience and it is your genuine opinion of the establishments to which the Reviews refer and that you have no business or personal relationship with the establishment subject of these Reviews. Finally, you confirm that you have not been offered any financial or other type of incentive to write such a Review. FineTraveling Ltd accepts no responsibility or liability for any infringement of third party rights by such User Reviews or Content. Further, you waive all moral rights in the User Review to be named as its author and grant FineTraveling Ltd a perpetual licence to modify the Content as necessary for its inclusion on the Websites.
    5. FineTraveling Ltd will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such User or FT Editor’s Reviews or other Reviews, nor for any errors or omissions in such reviews.
    6. Use of and reliance upon User Reviews and other Reviews is entirely at your own risk.
    7. You acknowledge that FineTraveling Ltd may retain copies of any and all communications, information, Content and User Reviews sent to us or submitted to the Websites.
  8. Termination and/or Suspension In the event that any of the provisions of Clauses 6 and 7, above, are not followed, FineTraveling Ltd reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Websites under any other name or by using the access credentials of another User, with or without the permission of that User.
  9. Privacy Use of the Websites is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on this link www.finetraveling.com/PrivacyPolicy.aspx.
  10. Disclaimers
    1. FineTraveling Ltd makes no warranty or representation that the Website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, or that it will be secure.
    2. Save for the screening and approval of User Reviews, FineTraveling Ltd has neither control over, nor involvement in, any User Reviews or the products or services referred to therein and accepts no responsibility for any actions taken by any Reviewers or Users.
    3. The opinions expressed and ratings assigned in Users’ and Editors’ Reviews and other Reviews are those of the authors of those reviews and do not represent the opinions of FineTraveling Ltd.
    4. Whilst every reasonable endeavour has been made to ensure that all information provided on the Websites will be accurate and up to date, FineTraveling Ltd makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
    5. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
    6. FineTraveling Ltd makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
    7. Whilst every effort has been made to ensure that all descriptions of services available from the Websites correspond to the actual services available, FineTraveling Ltd is not responsible for any variations from these descriptions.
    8. Whilst FineTraveling Ltd uses reasonable endeavours to ensure that the Websites are secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
  11. Availability of the Website and Modifications
    1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    2. FineTraveling Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    3. FineTraveling Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Websites including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Websites unless it is expressly stated otherwise.
  12. Limitation of Liability
    1. To the maximum extent permitted by law, FineTraveling Ltd accepts no liability for any direct or indirect loss or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Websites or any information contained therein. Users should be aware that they use the Websites and its Content at their own risk.
    2. Nothing in these terms and conditions excludes or restricts Finetraveling Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of FineTraveling Ltd.
    3. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the law, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  13. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
  14. Previous Terms and Conditions In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
  15. Third Party Rights Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and FineTraveling Ltd.
  16. Communications
    1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
    2. FineTraveling Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on Unsubscribe link in any email which you receive from us.
  17. Law and Jurisdiction These terms and conditions and the relationship between you and FineTraveling Ltd shall be governed by and construed in accordance with the Law of Cyprus and FineTraveling Ltd and you agree to submit to the exclusive jurisdiction of the Courts of Cyprus.
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