The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Content”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Content.
You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.
You acknowledge and agree that Btrfly may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at Btrfly’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform Btrfly when you stop using the Site or any of its features.
Btrfly makes no claims that the Content of the Site may be downloaded outside of Canada and the United States. If you access the Site from outside of the Canada and/or the United States, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located.
You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Site or in the Content. Special terms may apply to some services offered on the Site and may be posted in connection with the applicable service, feature or activity. Any such terms are in addition to these Terms of Service and, in the event of a conflict, any such terms shall prevail.
You agree not to access the Site by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of it.
Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations.
Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under the control of Btrfly, and Btrfly is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by Btrfly of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Btrfly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
IP Address. Btrfly servers collect information specific to how you use the Internet. Btrfly servers note details such as the server you are logged onto and your IP address. We collect your IP (Internet Protocol) address to help diagnose problems with our server, and to administer our Site. An IP address is a number that is assigned to your computer when you use the Internet. This information does not contain any personally identifiable information about you. Your IP address is also used to help identify you during a particular session and to gather broad demographic data. This information is obtained solely for the purpose of maintaining the Site's integrity and improving our service.
its affiliates use information collected on and through the Site to
comply with the purpose for which such information was collected and
other purposes, as disclosed at the time such information is
example, the information collected on and through the Site may be
used to send you information about our and our affiliates' products
and services and updates to our Site. In certain instances you will
have an opportunity to limit this use at time the information is
collected. We may use the information we gather along with
information obtained from other sources, including third parties.
We may use the information collected on and through the Site to improve our Site and to send you information that may be of interest to you. We may share this information with others, such as advertisers interested in advertising on the Site. This information may also be used to evaluate what portions of the Site are more popular than others, determine where visitors came from, and where they go, and how long visitors stay on a particular page, or the Site in general.
Surveys. Btrfly may ask you for more personal information from time to time in a survey format. This information is specifically used to ensure that the Site is up-to-date and relevant, and that the products and services provided to you in advertising format are relevant and of interest to you. Any information used as demographics will not reveal the source, and will be kept secure. This further information provided by you is on an optional basis.
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Btrfly or its owner if Btrfly is not the owner.
Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Site without Btrfly’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray Btrfly or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.
Any third-party content, data or publications made available through the Site are furnished by Btrfly on an as-is basis for your convenience and information. For example, we may include blogs within the Site on which the opinions of users or other persons may be expressed relating to travelling and the travel and leisure industry. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of Btrfly. Btrfly DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE AND YOU ACKNOWLEDGE AND AGREE THAT BTRFLY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES THAT MAY BE CAUSED AS THE RESULT OF MATERIALS EXPRESSED IN SUCH PUBLICATIONS, INCLUDING ANY BLOGS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Btrfly FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SUBJECT TO SECTION 9 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Btrfly, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SITE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON Btrfly’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT Btrfly HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.