enchanting challenge

TERMS AND CONDITIONS

Date of Last Revision: February 1, 2009.

ACCEPTANCE OF TERMS AND CONDITIONS

The use of the website www.EnchantingChallenge.com (hereinafter the “Website”) provided by Lacar LLC. (hereinafter the “Company”) with legal domicile at 2295 Gateway Oaks Drive, Suite 185, Sacramento, CA 95833, United States, is subject to the following Terms and Conditions. By accessing the website, the user is explicitly agreeing to comply to and to be bound by the Terms and Conditions available on the Website at the moment of user’s access. As the Terms and Conditions are subject to change, the user accepts the full responsibility of carefully reading the Terms and Conditions each and every time the user wishes to use the website. If you do not agree with these Terms and Conditions or any part hereof, do not access this website. The Company reserves the right to change or modify at any time and at its sole discretion without prior notice any of the Terms and Conditions regulating the Website.

PURPOSE

EnchantingChallenge.com is a meeting point to raise ecological awareness by taking clear and concrete action and collaborating on the creation of an online ecological identity for system users. It seeks to help raise awareness about environmental issues through our own content as well as that generated by users with the use of interactive tools.

EnchantingChallenge.com seeks to develop a ‘‘spatial’’ conscience by using interactive maps cleverly. If there are no other members in a user’s geographical area, the site will provide simple tools with which he or she can invite friends and family. It is a hands-on initiative in which every user’s contribution counts and all steps taken, whether on a small scale (e.g. inviting a friend) or on a large scale (e.g. planting 600 trees), are in some way reflected in the overall goal.

The message is simple: to accomplish something that exceeds the sum of its parts and in which our individual actions help improve others’ well-being. And since each person’s actions ineluctably affect everyone else, we all benefit.

USE OF AND ACCESS TO THE WEBSITE

Website services provided by the Company in conformity with these Terms and Conditions entail no cost or charge whatsoever for users, whether registered or unregistered. General use of services does not require the user’s prior subscription or registration. Notwithstanding the aforementioned, the Company reserves the right to subject the use of certain services to the compliance with the corresponding user registration available at www.EnchantingChallenge.com. The user represents and warrants that all information provided to the Company upon registration is true and accurate. The user shall update all information provided upon registration to accurately reflect the user’s profile when using the website.

The users represents and warrants being over the age of 18 and being of legal age and have full capacity to accept the contractual obligations of the present Terms and Conditions in accordance with applicable laws.

Notwithstanding the aforementioned, considering that there are no reliable technologies available that may allow the Company to ensure that information provided by the user is true and accurate (age in particular), the Company suggests that parents or legal guardians of children under 13 supervise and advise their children or wards regarding Internet use and explain to them that they are prohibited from accessing websites such as this, where users must be over the age of 13. The Company further invites parents or guardians of children under 13 to take the necessary precautions so that said minors do not have access to this Website (for example, by applying filters to websites).

The Company is particularly careful about the protection of minors and teens. If you are a parent or guardian of a minor or teen and believe the content in this website to be inappropriate for your child or ward or that the use of this website could expose your child or ward to certain risks, such as participation in virtual forums with strangers, please take the necessary precautions so that said minor or teen does not have access to this Website (for example, by applying filters to websites). It is of paramount importance that parents or guardians of minors or teens supervise and counsel their children or wards regarding their use of Internet. If you have accessed this website while trying to find out which websites your child or ward visits and do not wish for your child or ward to continue accessing this website, please take the necessary precautions to block your child or ward’s access to this website (for example, by applying filters to websites). The Company shall intervene in any situation that puts a minor or teen at risk upon knowledge of same. However, as it is often impossible to control all users activities in websites, parents or guardians must also cooperate to prevent this type of risk.

The Website shall be used in accordance with the present Terms and Conditions, guidelines provided to users, the law, ethics, common practices, good faith, and public order.

It is expressly forbidden to use this Website for purposes considered unlawful, prohibited in this Terms and Conditions, harmful to the rights and interests of the Company or third parties, or that in any way damage, disrupt, restrict, or hinder the normal use of the services or contents stored in any and all equipment belonging to the Company or other users.

PERSONAL INFORMATION

All issues relating to personal information shall be addressed in our Privacy Policy available at http://www.EnchantingChallenge.com/Privacy/.

LICENSES

Access and use of this Website do not grant the user any right whatsoever to brands, trademarks, tradenames, logos, or images of any sort appearing on the Website. Said brands, trademarks, tradenames, logos, and images are the sole property of the Company or third parties.

Any and all Website content is intellectual property of the Company or third parties quoted in same. All existing or future rights over said contents shall in no way be construed as transferred to the user.

DISCLAIMER OF WARRANTY AND LIABILITY

The Company does not guarantee the continuous operation or accessibility to this Website, or the accuracy of its contents or its fitness for a particular purpose.

The information published in the Website by the Company is solely for informational purposes and the Company does not warrant or represent that its contents are lawful, reliable, accurate, complete, truthful, appropriate, or useful for any particular purpose.

The Company provides its users a solely informational service. The information contained in the website shall not be construed as an invitation to consume the products and/or services included in the informational content published by the Company and/or users. The Company is not responsible or liable in any way since is not affiliated with the products and/or services included in the informational content published in the website. Unless expressed otherwise, those persons and/or companies that commercially exploit the products and/or services included in the informational content published in this Website are exclusively responsible and liable for them. If you wish to verify the information published in this Website, please contact a travel agent of a person or company that may provide more information on the product or service in question.

The Company values all contributions made to this Website by its community of users. Notwithstanding this, the Company herein reserves editorial and artistic control of this website. The Company shall, at its own discretion, decide which content shall and shall not be published in the site.

The comments and opinions of registered users do not reflect the opinion of the Company, which shall not be held liable for them.

Users shall make use of this Website at their own risk, the Company shall not be liable or responsible whatsoever for damages of any nature that may arise from the use the Website, including but not limited to any losses, damages, whether direct or indirect, any loss related to or arising from any interruption of the service or any consequence arising from the misrepresentation of a user in any communication or interaction in this Website.

INDEMNITY

The user accepts full liability to the Company and third parties for damages arising out of or relating to: the use of or access to the Website, the violation of the Terms and Conditions or the violation of third party rights, including but not limited to copyright, image, property, and privacy rights. The user warrants to indemnify, defend, and hold harmless the Company, its directors, employees, or representatives against any claim or compensation for damages, debts, losses, obligations, costs, or expenses including but not limited to professional fees that may arise. Liability shall continue regardless the termination of the contractual relation provided that claims deriving from same have not prescribed.

TERMINATION OF SERVICES

The services provided on the Website are not limited in time. However, the Company is entitled to suspend or discontinue a user’s use of those services at any time. In this case, the Company shall not be held liable by users for any indemnification and/or compensation, nor shall users be entitled to assert any claim whatsoever.

RIGHTS TO WEBSITE CONTENT

Unless otherwise stated in the Website, all texts, images, brands, logos, and any other content shown in the Website (hereinafter “website content”) is the sole property of the Company or third parties which own and reserve the corresponding rights, including but not limited to: intellectual property rights and/or patent rights. No license is conferred, assigned or released through the Website, and in order to obtain any rights, the pertinent negotiations with the Company or third parties must be conducted outside the Website.

USE OF FORUMS AND OTHER SPACES FOR COMMENTS

The Website reserves the right to allow users to publish their travel experiences, as well as any related messages in any forum or similar space in which the user may express his or her opinions, whether in writing or through a file, picture, video, or any other means. Should these services be available on the Website, the user accepts full liability and responsibility for the contents published, as the Company neither previously controls nor edits user publications, and accepts no responsibility nor liability for same.

The Company reserves the right to remove user’s publications, images, videos or any other contribution without prior notice and at its sole discretion.

The user agrees to publish, including by creating and posting links to other web sites, only content that is appropriate and relevant to the subjects of the Website. The official language of the website is English, therefore, all comments by the users should be made in said language. Moreover, users warrant and represent that they shall not publish any advertisements whatsoever. The following is a list of some of the content considered inadmissible: contents which encourage racism, and/or are defamatory, and/or libelous and/or result in unsolicited mailings, encourage and/or promote illegal activities, and/or are contrary to the law, ethics, common practice, or the public order, and/or encourage dangerous activities, involve any risks or is harmful to the mental or body health of any party, and/or are harassing or threatening or induce a sense of anxiety or fear of any sort, and/or violate confidentiality agreements and/or infringe on any copyright or intellectual property rights, and/or are invasive to privacy rights, and/or infringe on any trade secrets, and/or imply commercial activities without the written consent of the Company. Should the user publish any of the aforementioned contents, the Company shall be entitled to remove any such inadmissible content, or links to any such content, and to cancel the user’s access to the Website and/or institute the proper legal proceedings. This Website promotes the freedom of expression of all its users. However, it also considers that said freedom of expression shall be exercised with respect towards others and as objectively as possible.

The publication of comments, pictures, or any other content allowed by this Terms and Condition (texts, images, photographs, videos, links to third party websites or videos, etc.) by users on this Website grants the Company a nonexclusive irrevocable license of use of said content. In this sense, upon publication of said content by users, the Company shall automatically be granted with all the rights to freely distribute and/or publish said content by any means it considers appropriate. This means that content may be, among other things, translated, distributed, and reproduced in any way or media by the Company or any other person or entity authorized by the Company, without the prior consent or notice to the user, and the user shall not be entitled to any compensation and/or indemnification for same. The user warrants and represents that he or she shall not publish content protected by intellectual property rights, patent rights or by any other rights (image, privacy, etc.) of third parties, and shall indemnify and hold harmless the Company upon any claim that may arise from publications that may violate these Terms and Conditions.

The Company claims no ownership, affiliation with, or endorsement of any photos or videos that are posted on the Website. The veracity of all photographs, images, and videos is assumed by the user and their validity is not the responsibility of the Company. Posts, photographs, images, videos or material that has no relevance to the hotel, location or general travel experiences described in the attached review or corresponding section will be removed or not published. Each photograph file may not exceed 2MB in size. All photos submitted to the Website must be in .gif, .jpg, .bmp, or .png format.

User accepts that the photographs and videos will not be uploaded automatically and that the Company has the right, not the obligation, to reject or remove any content, including any photograph, image, video, or link to any third party website or video, that violates this Terms and Conditions or the Privacy Policy or are otherwise reasonably believed by the Company of infringing a third party’s copyright, and that the Company has no obligation to publish or upload any content at its own discretion and without any notice to the User.

INAPPROPRIATE ACTIVITY OR CLAIMS POLICY

Users may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others, or create or post links to any such material, without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of the Company to remove any potentially infringing material, or links to any such material, and terminate the user’s access to the Website if the user infringes the copyright rights of others upon receipt of proper notification to the Company by the copyright owner or the copyright owner's legal agent. You understand that if the Company removes links to any infringing material posted on third party websites, such material would continue to be available on such websites. If a user finds any Website content to be inappropriate or has any objections or complaints regarding same, the user may inform it by completing a contact form.

If the complaint refers to any material or content incurring in copyright infringement or any other violation of a right recognized by law, it must include the following information: full name, address, telephone and email address, and a full and clear identification/description of the protected material in question, information regarding the person entitled to said rights and the capacity in which you make the claim.

In case you consider that you should not longer receive emails from the website, you should use the opt-out option shown in each email. If you experience any kind of difficulty using the aforementioned option or you have an issue regarding the content of the emails sent by the Hotel members through the Website, you can send us your concern using the contact form.

Any person, whether a user or not, may make a complaint regarding the contents published by our users and include the reasons for the complaint. The Company reserves the right to evaluate the grounds for the complaint through a moderator and/or remove the content if it is considered inappropriate and/or suspend or cancel access to the Website of those who make unfounded complaints and/or suspend or cancel access to the Website of those who upload inappropriate content and/or engage in activities prohibited by this Terms and Conditions. The Company also reserves the right to institute the pertinent legal proceedings.

GENERAL TERMS AND CONDITIONS

The Company is entitled to convey, subcontract, transfer, assign rights, obligations, or duties herein contained. The user is not entitled to same.

If any provision of this Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then said provision shall be substituted by a lawful provision of the same nature and shall be deemed severable from this Terms and Conditions. The validity and enforceability of any remaining provisions shall not be affected.

The user warrants that no association, work relationship or any other relationship with the Company arise from this Terms and Conditions or the use of this Website.

The Terms and Conditions are only available in English, which the user warrants to know and understand. The Terms and Conditions accepted by the user shall not be saved individually as same are available on the Website for the user to consult at any time.

LINKS TO OTHER WEBSITES

The Website may contain links that allow Users to access websites or content (such as videos) owned or managed by third parties (“third party websites”). The Company disclaims any liability whatsoever for damages of any kind that may arise from the operation, availability, accessibility, or continuity of the links and third party websites; the maintenance of information, contents, and services in third party websites; quality, truthfulness, reliability, or usefulness of the contents and information included in third party websites; the overall use of information by third party websites. Links to third party websites do not imply commercial relationship with, or acceptance, approval, or sponsorship of third parties by the Company. You acknowledge that your use of any material on a third party website, including by creating and posting links to any such material, is subject to the terms and conditions provided by such third party website, regardless of whether you accessed such third party website through a website or video link provided on the Site. The Company hereby disclaims any liability related to your failure to adhere to the terms and conditions governing such third party website, and you shall indemnify and hold the Company, its owners and operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding any claims or other consequences arising out of such failure.