This Terms of Service/User Agreement (TOS) governs the use of Argophilia online services, and includes, without limitation, the listing of business venues, as well as additional services both of a free and/or premium nature. Please read these terms and conditions carefully, so that a complete and transparent understanding can be had between our users and Argophilia the company.
The use of and/or registration with any of the Argophilia websites will constitute an ongoing acceptance of the TOS outline herein. If you feel you cannot accept these terms for any reason, please do not use Argophilia. These terms may be modified from time to time to facilitate the ongoing development of Argophilia, as well as to meet the needs of users and the community.
The most recent revisions of these terms will supersede any previous versions, and will appear on this page. It is the end user’s responsibility to check the TOS for the most recent revisions, and as before, the user’s continued use of Argophilia shall constitute acceptance of all changes to the TOS. A user’s failure to abide by any of the TOS may result in that user’s suspension or termination from using Argophilia services, no matter where situated.
1. Creating Accounts – Account Registration
1.1. User Information
Argophilia requires that all users set up an account in order to use the services provided herein. Creating an account will require the creation of a password, a user ID, and other information needed to both establish the user’s identity, as well as (in the case of premium services – credit card information). The user agrees to provide only accurate information and to update said information should a material necessity arise. Argophilia maintains sole discretion refusing certain user names or information that may represent a danger to any other user with regard to potential identity theft, possible offense, or otherwise impersonation of another user.
Additional information about personal information supplied by the user is contained in the Argophilia Privacy Policy
1.2. Registration Information and Confidentiality
Registering and/or setting up an account on the Argophilia requires that you be solely responsible for maintaining the confidentiality of your information. The user is solely responsible for use of the Argophilia services by you and/or anyone allowed to access the Stay via that user’s login. The user may not sub-license, transfer, sell or assign their account or information to any third party, without the written consent of Argophilia. Attempting to do so will this user agreement.
1.3. Precautions for use via mobile applications
If the user believes for any reason that their account information is no longer secure (e.g., loss, theft or unauthorized disclosure or use of said information), the user must change the affected account settings and notify Argophilia via the appropriate contact methods listed on the about or other pages.
2. Using Argophilia Services
2.1. For legal, personal use only
Unless otherwise specified, Argophilia services are intended for your personal-noncommercial use only. As a user, you agree to use the Argophilia only within the law, acknowledge that failure to do so may subject you to civil and criminal penalties.
Users may not attempt any of the following in their use of Argophilia’s services except as expressly authorized by Argophilia:
- Access Argophilia in a manner not provided or authorized by Argophilia, +
- Reproduce, duplicate, copy, sell, trade, resell or exploit the Argophilia services
- Republish any information available on the various Argophilia sites
- Use by minors – Argophilia services are not intended for users under the age of 18, Furthermore, Argophilia does not knowingly collect or make use of information from minor users. Minors are also expressly prohibited from submitting their information to us. In cases where such information is made evident to Stay.com, said information will be subject to possible deletion from our data bases.
- End User Conduct – Users agree not to use Argophilia services to upload, post, transmit, share, store or otherwise make available any content deemed to be harmful, threatening, inflammatory, harassing, vulgar, unlawful, defamatory, infringing, abusive, obscene, fraudulent, or an invasion of privacy, Additionally, hateful, or racially, ethnically or otherwise objectionable content shall be grounds for discontinuance of service. Users also agree not to carry out unsolicited advertising or other distribution/solicitation via the Argophilia services or any portion thereof.
3. Intellectual Property Rules, Rights, and Use
3.1. Use of Data and Materials
Argophilia sites contain material protected under state, national and international copyright, and other intellectual property laws. Users may not modify, copy, reproduce, republish, or otherwise transfer any such data or materials. Users may download material from the Argophilia for their own personal use, but these materials and services are intended for non-commercial use only. Users must maintain the integrity of any copyright or other proprietary notices.
3.2. Ownership and Use
Argophilia content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the site(s), is protected under applicable copyrights and other proprietary statutes. The copying, redistribution, or modification, up to and including alterations, except for the limited rights of use granted hereunder, are strictly prohibited.
3.3. Legal Compliance
Users agree to use Argophilia services only for purposes that are permitted by applicable law, rules or regulations, and as permitted by this agreement between the user and Argophilia.
3.4. Links to Other Domains
The user acknowledges that he/she understands that Argophilia does not condone or endorse content from other sites which are linked to via the Argophilia sites. Furthermore, Argophilia will not be responsible for the content or actions of websites beyond their control. User links to any other service or site is at your sole discretion and risk.
3.5. Interfering and Tampering
The user agrees not to disrupt, or in any way attack, modify or interfere with the Argophilia service or its associated software, hardware and/or servers in any way. Additionally, the user agrees not to interfere in any way with other user’s use of these services. Tampering or altering with information, materials or data on the service also represents a breach of this agreement. No access to Argophilia, other than connecting via web browser or http access is prohibited.
4. User Generated Content
4.1. User Responsibility
Argophilia users are solely responsible for the profiles, photos, reviews, messages, text, and all other content that they upload to the Argophilia websites, In addition, they are also responsible for data they publish or deploy via Argophilia’s services, including sharing or posting to other sites. Argophilia may delete or remove (without notice) any such user content at our sole discretion, at any time, and for any reason.
4.2. User Content License
Argophilia users authorize our service to make copies of their content for purposes deemed necessary to post or otherwise store said content to said service. By posting user content to any part of Argophilia or its subsidiariaries, the user automatically grants and warranties that that user has the right to allow Argophilia license to said content however and wherever originally situated. Warranted users have the right to remove their content from the site(s), given the understanding that Argophilia cannot be held responsible or liable for any other person or party.
4.3. User Feedback, Suggestion and Comments
If a Argophilia user provides feedback, testimonials, comments, ideas, suggestions, ratings, reviews, or any similar or related information, said user agrees that all rights, title and interest in such submissions shall become the exclusive property of Argophilia. Further, Argophilia may use and/or share such submissions without further user consent. Argophilia shall not be obligated for any compensation with regard to said “suggestion” or commentary. If any user disagrees with these terms, said user should refrain from submitting such comments or feedback, as Argophilia has no desire to infringe in any way upon any users rights.
4.4. Intellectual Property Ownership
Argophilia does not assert any ownership over our user’s content except those stipulations in section 4(cc). The user shall retain all rights of ownership to associated content or intellectual property, with the exception of stipulations agreed to herein. The user further warranties that none of their content infringes on the rights of any third party including; copyright, trademark, privacy, advertising or publicity, and all other proprietary rights either real or implied.
5. Copyright Issues – Resolution
Argophilia respects the intellectual property rights of others and to that effect, we prohibit users from uploading, posting or otherwise transmitting on our services any materials that violate another party’s intellectual property rights. Given the nature of Argophilia’s community aspect, its dependence on the content contributions of its users (in adding business listings, adding reviews, and a range of content specific functions), the service does endeavor continually to ensure the rights of others are honored and protected. As outlined below, a system for resolving any issues regarding copyright, Argophilia has set in place procedures for resolution.
Argophilia has only limited control over the validity of content, except were disputes arise out of natural business practice or that of the general upkeep of the services. Argophilia cannot be help responsible or liable for instances where intellectual property rights are concerned. However, Argophilia will always respect the rights of others, and give sufficient notice and proof of ownership, will take the appropriate action (eg. crediting the legal owners or removing said content), any user or third party who believes their legal rights have been infringed upon, in accordance with the Digital Millenium Copyright Act, or any other nationally/internationally recognized authority, should contact Argophilia.
6. Indemnification
As a user, you agree to indemnify Argophilia and its affiliates, employees, agents, representatives and third party service providers harmless with regard to any and all claims and liabilities (including attorneys fees) which may arise from your submissions or interactions with Argophilia. Argophilia cannot be held liable for user unauthorized user interaction, use of materials obtained from our services, or for any breach of this user agreement/TOS.
7. Disclaimers and Liability Limitations
Each user acknowledges that they are using Argophilia services at their own risk. Argophilia services are rendered to the user “as is”, and Argophilia or its affiliates disclaim any and all warranties either expressed or implied. These include, but are not limited to; any guarantee of accuracy, title, merchantability, reliability, fitness of purpose, or any other warranty, either oral or written. Argophilia does not supply and warranty for the accuracy with regard to the correctness, completeness or even usefulness of the information contained within the Argophilia network of sites and services. Furthermore, Argophilia does not warrant uninterrupted use of the services it provides, nor do any of Argophilia’s third party providers, affiliates, or partners. For the purpose of this agreement, uninterrupted service shall also apply to the loss of user information. The user is solely responsible for backing up their data, maintaining their itineraries, and in general for the accuracy of information provide to them via Argophilia and its affiliates.
The user, by proxy (in using said services), agrees to release Argophilia and its officers, representatives and other affiliates from claims, damages and demands arising from the use of Argophilia services.
8. Termination or Suspension of Service
Argophilia has the right to terminate and/or suspend any user’s access for any or no reason, without notice.
9. Dispute Resolution
9.1. General
Disputes arising between users and Argophilia, shall be resolved via the most neutral and cost effective means possible. Therefore, the user and Argophilia, in accordance with these TOS, agree to resolve any claim in accordance with the following parameters. Argophilia strongly urges any user with a dispute to contact us immediately, before resorting to any of these alternatives.
9.2. Legal and Other Forums
This use agreement/TOS shall be governed by the laws of Germany, and where applicable, International Law. The user agrees that any claim or dispute against Argophilia be resolved by the appropriate court in Germany whenever possible, except as otherwise agreed upon according to the Arbitration Option below. The user further agrees to submit to the personal jurisdiction of the courts located within Germany for the purpose of adjudicating all such claims or disputes.
9.3. Arbitration Forum
Any claim against Argophilia, to resolve any dispute via a binding arbitration wherein appearance of the parties concerned is no required. For this resolution forum, and arbitrary dispute resolution (ADR) service shall be engaged.
9.4. Claims Filing
All claims a user brings against Argophilia must be resolved in accordance with this resolution section. Those claims brought in opposition to this section shall be construed as having been improperly filed. In these cases, Argophilia may, in accordance to all applicable law, be entitled to claim attorney’s fees for for the adjudication of such claims. Argophilia shall be required to notify the user of any improperly file claim, in these instances.
10. About Argophilia and This Agreement
Argophilia is a German company. Argophilia, and Pamil Visions PR – the parent company, in the interest of our users, will be happy to discuss and or all aspects of this agreement where time permits. The appropriate channels of communication mentioned above, should be employed with regard to questions or any misunderstanding of the tenants of this user agreement/TOS.
