Terms and Conditions
Welcome to Penguino Travel's website, penguinotravel.com ("Site"). Please review the following basic terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Brinton Collective LLC doing business as Penguino Travel. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Penguino Travel. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
User Site Submissions, Feedback, and Social Media Submissions
All comments, feedback, ideas, photographs, videos and other submissions disclosed, submitted or offered to Penguino Travel on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Site Submissions") shall be and remain Penguino Travel's property. Such disclosure, submission or offer of any Site Submissions shall constitute an assignment to Penguino Travel of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. Thus, Penguino Travel will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Site Submissions. Penguino Travel is and shall be under no obligation (1) to maintain any Site Submissions in confidence; (2) to pay to user any compensation for any Site Submissions; or (3) to respond to any user Site Submissions. You are and shall remain solely responsible for the content of any Site Submissions you make. Penguino Travel does not endorse any Site Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such Site Submissions. Penguino Travel reserves the right to remove any Site Submission without prior notice (or to refuse to publish any Site Submission) for any reason, and to terminate or refuse you access to the Site for any reason.
You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, "Social Media Submissions") to your social media accounts. By posting and uploading Social Media Submissions that you have tagged with #PenguinoTravel or other Penguino Travel brand hashtags, you grant to Penguino Travel the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Penguino Travel-tagged Social Media Submissions in any manner to be determined in Penguino Travel’s sole discretion, including but not limited to on its webpages, social media pages operated by Penguino Travel, and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known. Penguino Travel may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Social Media Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your Social Media Submissions.
You hereby represent and warrant that (i) you own all rights in and to your Site Submissions and Social Media Submissions, (ii) you have permission from all person(s) appearing in your Site Submissions and Social Media Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties' use of your Social Media Submissions as described herein and Penguino Travel’s use of the Site Submissions will not violate the rights of any third party or any law and will not contain any unlawful, abusive or obscene material. You hereby release, discharge and agree to hold Penguino Travel, the Licensed Parties, and any person acting on Penguino Travel’s or their behalf harmless from any liability related in any way to the use of your Site Submissions or Social Media Submissions.
Notificatoin of Infringement
If you believe that something available through the Site violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice: (1) provide your physical or electronic signature; (2) identify the copyrighted work that you believe is being infringed; (3) identify the item on the Site that you think is infringing your work and include sufficient information about where the material is located on the Site (including which website and URL) so that we can find it; (4) provide us with a way to contact you, such as your address, telephone number, or e-mail; (5) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Site; and (6) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
2813 Zach Scott St.
Austin, TX 78723
Phone: (512) 577-1828
You agree to defend, indemnify, and hold Penguino Travel, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Site Submissions, your access to or use of the Site or Contents, or your violation of this Agreement.
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
From time to time there may be information on penguinotravel.com that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.
Product and Pricing Information
Although Penguino Travel has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and Penguino Travel cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Penguino Travel is not responsible for typographical errors regarding price or any other matter.
Links to Other Web Sites and Services
To the extent that this Site contains links to outside services and resources, the availability and content of which Penguino Travel does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT PENGUINO TRAVEL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
This Site is controlled and operated by Penguino Travel from its offices in Austin, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Texas, County of Travis.
This Agreement is effective unless and until terminated by either you or Penguino Travel. You may terminate this Agreement at any time. Penguino Travel also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Penguino Travel's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Penguino Travel, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.