This is a website operated by Situr Inc. (‘Ecoventura’) under the domain name ‘www.galapagossky.com’ (hereinafter referred to as the ‘website’). By accessing or using our Website, you agree to comply with and be bound by these Terms of Use. If you do not agree to these terms, please do not use our Website.
1. Use of Website
1.1 Eligibility:
You must be at least 18 years old to use our Website. By using our Website, you represent and warrant that you meet this requirement.
1.2 License:
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Website for personal, non-commercial purposes.
1.3 Prohibited Conduct:
You agree not to:
- Use the Website for any unlawful purpose.
- Violate any applicable local, state, national, or international law or regulation.
- Interfere with or disrupt the operation of the Website.
- Use the Website to distribute unsolicited or unauthorized advertising or spam.
2. Intellectual Property
2.1 Ownership:
All content on the Website, including text, graphics, logos, images, and software, is the property of Ecoventura or its licensors and is protected by intellectual property laws.
2.2 Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any content from our Website without prior written consent from Ecoventura.
3. User Content
3.1 Responsibility:
You are solely responsible for any content you upload, post, or otherwise transmit through the Website.
3.2 License to Ecoventura:
By submitting content to the Website, you grant Ecoventura a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content in connection with the operation of the Website.
4. Ecoventura’s Privacy Notice and Other Action
The Ecoventura Privacy Notice governs the use of information collected from or provided by you at the website. Ecoventura will only use your personal information as set out in our Privacy Notice. In addition to these terms of use, there may also be specific terms (‘additional terms’) which govern your use of, and access to, particular sections of the website. Since you are also bound by these additional terms, you should review them wherever they are offered to you. Certain actions, payment or agreement on your part may mean that such services are additional to the normal terms and are subject to a separate agreement. When this happens you shall be offered additional terms through a hyperlink associated with these additional services.
These terms of use refer to the following additional terms, which also apply to your use of the website:
- Our Privacy Notice.
- Our Cookie Preferences which sets out information about the cookies on the website.
If you are a consumer and you are making a booking with us, our Booking Terms and Conditions—a copy of which is supplied to you at the time of booking, and also available to you upon request by you or your travel consultant—will apply to that booking.
If you are a business user and you have an agreement/contract in place with A&K, the terms of that agreement/contract will apply.
5. Submissions
While not refusing to accept ideas from you regarding information available on the website (hereinafter called ‘comments’) Ecoventura does not encourage you to make such comments. If you do send such comments, you acknowledge that:
(a) They will not be considered confidential or proprietary, and
(b) Ecoventura is under no obligation to keep such information confidential, and
(c) Ecoventura will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
6. Outbound Links
The website may contain links to third-party websites and resources (hereinafter referred to as ‘linked sites’). These linked sites are provided solely as a convenience to you and not as an endorsement by Ecoventura of the content on such linked sites. Ecoventura makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site.
Ecoventura is not responsible for the availability of the linked site or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk. If you do decide to make use of the link you should remember that your use of the linked site is likely to be subject to terms and conditions of use similar to these, including but not limited to, the linked site’s own privacy notice. Ecoventura recommends that you review such terms before using the linked site.
To the fullest extent possible at law, Ecoventura makes no warranties or representations: regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through linked sites; or that third party material available from a linked site does not infringe the intellectual property rights of any person. Without impacting its ability to exclude itself from such responsibilities and warranties Ecoventura may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Ecoventura website.
7. Inbound Links
Ecoventura generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Ecoventura. However, linking to any other page of the website is strictly prohibited, in the absence of a separate agreement between you and Ecoventura that clearly describes the rights and responsibilities of linking to other pages. Any website or other device that links to the Home page or any page available therein is prohibited from:
(a) replicating content, and/or
(b) using a browser or border environment around the content, and/or
(c) implying in any fashion that Ecoventura is endorsing it or its products, and/or
(d) misrepresenting any state of facts, including its relationship with Ecoventura, and/or(e) presenting false information about Ecoventura products or services, and/or(f) using Ecoventura logo(s) or trademark(s) without express written permission from Ecoventura.
Ecoventura reserves the right to withdraw linking permission without notice.
8. Errors and Problems
While Ecoventura has made every effort to ensure that systems and information available on the website is and shall be free from error, Ecoventura does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
You must not misuse the website, including by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be committing a criminal offense. Ecoventura will report any such breach to the relevant law enforcement authorities and Ecoventura will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
9. Disclaimer of Warranties
The Website is provided “as is” and “as available” without any warranties of any kind, either express or implied. Ecoventura disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
In no event shall Ecoventura be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Website. Refer to our Booking Terms and Conditions for more information.
11. Indemnification
You agree to indemnify and hold harmless Ecoventura and its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with your use of the Website.
12. Governing Law
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Ecuadorian law and to the exclusion of all choice-of-law rules which might otherwise apply. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Ecuadorian law and to the exclusion of all choice-of-law rules which might otherwise apply. You and we both agree that the courts of Ecuador have exclusive jurisdiction.
13. Changes to Terms of Use
Ecoventura reserves the right to modify these Terms of Use at any time. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use.
14. Contact Information
If you have any questions about these Terms of Use, please contact us at: support@ecoventura.com