The use of the web site (the “Web Site”) is subject to the terms and conditions stated herein. Use of the Web Site constitutes an agreement by you (the “Client”) that your use is governed by these terms and conditions. In addition, when using particular Cultura Viva Travel Agency EIRL. (the “Company”) services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time.
Ownership of Copyrights / Usage Restrictions
The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Cultura Viva Travel Agency EIRL. or its licensors. Peru’s and worldwide copyright laws and treaty provisions protect the entire contents of this Web Site. In accordance with these terms, except as stated above, you and other Web Site users may not:
Copy, reproduce, modify, use, republish, upload, post, transmit or distribute in any way material from the Web Site.
Copy, modify or display trademarks, names or logos appearing on this Web Site in any way without Cultura Viva Travel Agency EIRL express written permission.
Redeliver any of the pages, text, images or other content of this Web Site using “framing” technology without Cultura Viva Travel Agency EIRL express written permission.
If you download software from this Web Site, the software, including all files, images contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Cultura Viva. Neither title nor intellectual property rights are transferred to you, but remain with Cultura Viva, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble or otherwise convert the Software to a human perceivable form.
Disclaimer; No Warranty
The factual information contained in this Web Site is obtained from sources believed to be reliable and accurate. Cultura Viva makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and is not responsible for any errors or omissions therein, whether caused by the source of the information or Cultura Viva. All factual and other information, including any opinions, accessible through the Web Site are provided on an “AS IS, AS AVAILABLE” basis without warranty of any kind and, without limiting the generality of the foregoing, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. Cultura Viva is not responsible in any way for any loss that results from the use of the factual information, including but not limited to any lost profits or direct, indirect, special, consequential, compensatory, or incidental damage. No advice or information, whether oral or written, obtained by you from Cultura Viva or through or from this Web Site shall create any warranty.
Limitation of Liability
You expressly understand and agree that Cultura Viva will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cultura Viva has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Web Site;
(ii) unauthorized access to or alteration of your transmissions or data;
(iii) any other matter relating to the Web Site.
You may, through hypertext or other computer links, gain access to third parties sites on the World Wide Web, which are not related to or maintained by Cultura Viva. Links to third-party sites do not imply partnerships, relationships, or affiliations with such third parties and Cultura Viva takes no responsibility for the content therein, regardless of whether the link is provided by Cultura Viva or a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Web Site may link, including information on such other web site regarding Cultura Viva. By providing access to other websites, Cultura Viva is not endorsing the products and services provided by any website’s sponsoring organization. Other websites may include a link to this Web Site; provided such sites link to the home page (www.culturavivatravel.com) only. Linking to other content within the Web Site is prohibited without Cultura Viva express written consent. Please e-mail requests for such consent to email@example.com. This limited license expressly prohibits the framing of Cultura Viva in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation. Your correspondence or business dealings with, or participation in promotions of, any advertisers found through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser.
We recognize that you have an interest in how we collect, retain and use information about you. At www.culturavivatravel.com, we collect certain information about you through the use of “cookies”, which are small pieces of information that are stored by your browser on your computer’s hard drive. We collect, retain and use information about you solely for the purpose of better understanding our users and their use of the Web Site. We also collect information through the forms you complete. We consider your data to be private and confidential, and we hold ourselves to the highest standards of trust and fiduciary duty in their safekeeping and use. Cultura Viva will not release information collected about you unless we receive your prior consent or we are required by law to release information to the recipient. With permission, we may use your name and organization description in designated areas of the Web Site and services as well as other marketing materials used to promote Cultura Viva.
To the extent a password is provided to you for access to a portion of the Web Site, you agree to keep your password confidential and to notify Cultura Viva promptly if such password is lost or stolen or if you become aware of unauthorized use of such password. You acknowledge that you are fully responsible for all activities that occur under your password.
While we value your feedback on our Web Site and services, we request that you be specific in your comments on those services and, not submit any ideas, suggestions, materials, concepts, or other information (collectively referred to herein as “Non-Solicited Information”). If despite our request, you send us any such Non-Solicited Information, all such Non-Solicited Information shall be deemed and shall remain, the property of Cultura Viva and none of the Non-Solicited Information shall be subject to any obligation of confidence on our part and we shall not be liable for disclosure of any Information and shall have unrestricted use of such information for any purpose whatsoever, commercial or otherwise, without compensation or liability to you or another provider of the Information.
Representations Related to Submission of Plans and Resumes
By submitting a business plan to Cultura Viva, you represent that such information is true and accurate and that you have the authority to submit such information for review, development, and evaluation for potential partnership. Due to the open nature of the Internet, you acknowledge that transmission of business plans and confidential information may not be entirely secure. You further represent that you have had the opportunity to receive advice of counsel prior to submission of any information that may be deemed confidential. By submitting a resume to Cultura Viva, you represent that you are seeking employment and career information from Cultura Viva and its affiliates, each of which is an equal opportunity employer. You agree not to use the Web Site to post any incomplete, false, or inaccurate biographical information or information which is not your own accurate resume. You acknowledge that Cultura Viva may distribute your resume within the company or among its affiliates and may contact any references listed by you. No representation is given by Cultura Viva that any resume will be reviewed within a definitive period of time or that any action will be taken with respect to such resumes.
Operation of the Web Site
Cultura Viva will use reasonable commercial efforts to keep this Web Site available for access on a 24-hour-a-day, 7-days-a-week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Cultura Viva does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components.
Web Site Security
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Cultura Viva will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Enforcement of Terms and Conditions
Cultura Viva makes no representation that content provided is applicable or appropriate for use in all locations. These terms and conditions are governed and interpreted pursuant to the laws of the Republic of Peru, notwithstanding any principles of conflicts of law. If you take legal action relating to these terms, you agree to file such action only in the state and federal courts located in the city of Lima, capital of the Republic of Peru. If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Amendments and Modifications
Cultura Viva reserves the right to amend the information, services, and/or content of this Web Site, including that related to career opportunities and benefits, at any time without prior notice. The information and materials contained in this Web Site, and the terms and conditions of the access to and use of such information and materials, are subject to change without notice. We suggest that you check these terms periodically for changes. These terms can be accessed from the link at the bottom of our Web Site pages. If you use this Web Site after we post changes to the terms, you accept the changed terms. Cultura Viva expressly reserves the right to monitor any and all use of this Web Site.
The Company’s Logo and Design are trademarks or service marks of Cultura Viva and may not be copied, used, or displayed without the prior written consent of Cultura Viva.