Terms and condition

TERMS OF USE OF THE SITE RED ARMY TRAVEL

1. ACCEPTANCE OF THESE TERMS OF USE
These Terms of Use ("TOU") regulate the conditions for use of the Red Army Travel portal ("Portal"), which can be accessed at . Every User automatically accept these TOU upon visiting the Videos, TV and Awards areas of the "Portal". USER shall register and fill in the required personal data as a condition to post comments, vote, and create a particular User´s area including favorites videos in the TV, Videos and Awards areas of the Portal. Red Army Travel´s Privacy Policy also integrates these TOU, although it is separately available at privacy.php. Any changes to these TOU shall be made immediately available in the Portal with specific notice. Every request of clarification regarding these TOU shall be sent to TERMS.PHP.

2. PURPOSE OF THE Red Army Travel PORTAL
The Portal purports to provide selected links to videos hosted by independent web sites, ranked in accordance with objective criteria and/or with users´ preferences. The Portal also offers video materials produced by Red Army Travel. As every independent contents is not hosted by the Portal, Red Army Travel has no control nor liability for copyrights or for any other sort of rights belonging to third parties. The contents produced by Red Army Travel belongs exclusively to the Portal. Red Army Travel will not charge for access to any independent or own contents, and expect Users not to commercially use any contents. Failure to comply with this latter condition shall be the exclusive liability of User.

3. ACCESS AVAILABILITY
Red Army Travel commits to employ its best technical and economic reasonable efforts to keep the Portal uninterruptedly available for access by Users. There may be causes out of Red Army Travel´s control which may determine suspension of the Portal´s availability, such as failures by ISPs, causes of nature, and others. Users shall arrange at their own initiative and cost for obtaining required Internet access, and relevant equipment and software.

4. SCOPE OF LICENSE
Red Army Travel grants Users a personal, non transferable, non sublicensable license to access, view, or use the Portal as established in this TOU, based on the following assumptions and covenants: (i) access and use for noncommercial purposes; (ii) run any video files only in the RAM or Cache memory of User´s computer, being any recording into Hard-disk memory dependent upon conspicuous prior permission by relevant copyright holder; (iii) do not lend, borrow, share, assign or transfer any contents to any natural or legal person, (iv) do not include any infringing, abusive or offensive texts or materials in the areas of the Portal, and (v) do not modify third party comments. User grants Red Army Travel a nonexclusive, royalty-free, tranferable, sublicensable, worldwide license to use, copy, distribute, publicly display, and process User´s comments or any part of them, and including them in any Internet search engines.

5. ACCOUNT
Every Account of the Portal shall be managed with strict care by User. All Accounts are assigned based upon the assumption that User has filled in correct and complete required personal data. Upon selection by User of the individual password for the Account, any use of the Account shall be attributed to User and to User´s total liability. Password secrecy and security shall be the exclusive liability of User, including, but not limited to, undue access to User´s computer by third parties. Any breach of password secrecy or undue use of the Account shall be immediately reported to Red Army Travel at account@Red Army Travel.com. All User comments for the Portal shall remain publicly available.

6. SECURITY
The Portal protects User´s personal data with technically and economically reasonable standards of care, considering current Internet technology. User acknowledges that there can be no expectation on total security in the Internet against web sites invasions, or other irregular acts. Current Internet´s technology do not provide means to ensure identification of every User, nor to assess truthfulness and completeness of personal data filled in by every User.

7. PRIVACY POLICY
Red Army Travel strongly recommends that User reads the Privacy Policy with attention before using the Portal.

8. EXPECTED STANDARDS OF USE
Red Army Travel expects that User does not use the Portal for any illegal, defamatory, discriminatory, abusive, harassing, threatening, obscene, pornographic, hateful, injurious, vexatious, offensive, deceptive, libelous, infringing, disrespectful, violent, vulgar, impersonation, or misrepresentation goals or means. Users are required to use appropriate, polite, and friendly language and comments. Red Army Travel shall not be expected to track or monitor any irregular links, contents or User comments. In the event of any irregularity, User shall promptly report to Red Army Travel at infoline@redarmy-travel.com, and to the web site where the irregularity may come from. Upon such notice, Red Army Travel may suspend relevant link, contents or comments, or terminate User´s Account, being such decision up to Red Army Travel´s exclusive criterion. Red Army Travel can not guarantee that the appointed irregularity will not be made available again by action of third parties. Red Army Travel may report irregularities to competent authorities. Any access, copy, tamper or use of non-public, Red Army Travel´s internal areas of the Portal, or any attempt to probe, scan or test the vulnerability of any Red Army Travel system or network or breach any security or authentication measures shall be deemed as a hackering or crackering action, subject to civil and/or criminal sanctions and penalties, including, but not limited to, any attempt or act to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological devices protecting the Portal.

9. INTELLECTUAL PROPERTY
All intellectual property over the Portal (including, but not limited to, layout, design, screens, graphics, templates, contents, software, and data bases) belongs to Red Army Travel, except for comments posted by Users in the TV, Videos and Awards areas of the Portal, which Users license to Red Army Travel for purposes of displaying them therein. The Portal shall not be reproduced by User, in any circumstance. The selection of links constitutes exclusive copyright of Red Army Travel, and integrates its proprietary data base. The contents produced by Red Army Travel and displayed in the TV area belong exclusively to Red Army Travel. Any confusing domain names shall be deemed as illegal, unfair competition, subject to penalty under applicable statutory laws. Any third parties which may present complaints regarding access to links, trademark or tradename references, copyrighted materials, or any other intellectual property infringement are requested to direct such complaints to infoline@redarmy-travel.com. The Portal´s technology, its systems and engines (including, but not limited to, its automated methods of selecting, categorizing, rating and ranking content materials) are subject to patents protection, and any use, copy, reformatting or display of relevant ideas and inventions shall be dependent upon Red Army Travel´s prior, conspicuous formal consent. Reverse engineering, decompiling, disassembling, or deciphering the Portal´s software and systems, or use of mirroring or of framing techniques regarding the Portal, are expressly forbidden. All trademarks, service marks, logos, tradenames, and any other proprietary designations of the Portal and/or of Red Army Travel are trademarks or registered trademarks of Red Army Travel, and any and all proprietary rights notice shall not be deleted or in any manner altered by User or by third parties.

10. WARRANTY DISCLAIMER
The use of the portal is the sole liability of the user. Red Army Travel disclaims any warranty regarding results of the use of the Portal, being its only commitment to employ best reasonably technical and economic efforts, to the extent of Red Army Travel formally stated purposes. Red Army Travel can not guarantee against hackering, crackering, third party changes to User comments, and other incidents. User is advised to seek for own protection measures or insurance. There is no express or implicit warranty of accuracy, completeness, fitness, security, or of non-infringement.

11. LIMITATION OF LIABILITY
In no event shall Red Army Travel, its shareholders, officers, employees, or agents, be liable to User or to third parties for any direct, indirect, incidental, special, punitive, or consequential damages, costs, debts, expenses, fees (including, but not limited to, attorney´s fees) resulting from (i) errors, mistakes, or inaccuracies of comments, content or of operation, (ii) personal injury or property damage, of any nature, resulting from access to or use of the Portal, (iii) unauthorized access to or use of Red Army Travel servers and/or any and all personal information or comments stored therein, (iv) interruption or cessation of transmission to or from the Portal, (iv) spyware, scam, bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Portal, v) User´s violation of this TOU or of any third party copyright, privacy, or property rights, and/or (vi) errors or omissions in any comments, content or operation, or for any loss or damage resulting of access or use of any comments or contents posted, transmitted, or otherwise made available via the Portal, whether based on warranty, contract, tort, product liability, strict liability, contributory infringement, inducement to infringement, or any other legal theory, and whether or not Red Army Travel is advised of the possibility of such damages. The maximum liability of Red Army Travel before User or any third party shall be of the equivalent to US$ 100.00 per person. Such limitation of liability shall apply to the fullest extent permitted by statutory law in the applicable jurisdiction. User shall access and use the Portal in accordance with local law at his jurisdiction. User acknowledges that Red Army Travel has offered access and use of the Portal in reliance upon the warranty disclaimers and limitation of liability established herein, which allocate the risk between the parties.

12. GENERAL CONDITIONS
The provisions relating to intellectual property, warranty disclaimer and limitation of liability shall survive termination of User´s relationship with Red Army Travel. Any complaint or claim shall be submitted by User or by any third to Red Army Travel party up until 90 days from the date of awareness of the fact or act which has given cause to the complaint or claim. Notice of termination of the relationship with Red Army Travel shall be emailed to infoline@redarmy-travel.com, and shall be effective within 5 working days from the date of its receipt by Red Army Travel. This TOU constitutes the complete and exclusive understanding and agreement between User and Red Army Travel regarding access and use of the Portal, supersedes any and all prior and contemporaneous agreements or understandings, and shall be amended only by means of mutual consent in writing. Tolerance to any failure hereunder shall not imply any waiver to exercise relevant rights and enforcement. This TOU, including any or all of its rights and duties, can not be assigned or transferred to any third parties, except that Red Army Travel may assign them in connection with a merger, reorganization, or sale of all or of substantially all, of its assets relating to this TOU. Any controversy which can not be solved directly between the parties shall be submitted to arbitration, which conditions shall be negotiated between the parties. This TOU will be governed by California (USA) laws, without regard to or application of choice-of-law rules or principles and will be adjudicated in the state courts of California (USA), having User and any third party consented to personal jurisdiction and venue therein. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. If any provision of this TOU is deemed to be invalid or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions shall remain in full force and effect. Red Army Travel wishes to maintain a friendly and constructive relationship with Users and third parties at all times.