AgentStream

BY CLICKING THE “ACCEPT” BUTTON BELOW OR USING THE AGENTSTREAM^SM SERVICES, YOU ACKNOWLEDGE YOUR REVIEW AND ACCEPTANCE OF THESE TERMS AND CONDITIONS BETWEEN YOU AND SABRE INC., THE OPERATOR OF AGENTSTREAM (hereinafter “AGENTSTREAM”) AND YOUR AGREEMENT TO BE BOUND THEREBY.  IF YOU DO NOT ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES AND SHOULD NOT COMPLETE THE REGISTRATION PROCESS.

This Member Agreement ("Agreement") contains the entire terms and conditions that apply to Your use of AgentStream's website(s), and services, including any optional subscription services which may be offered from time to time, collectively "Services".

This Agreement may be modified from time to time by AgentStream by posting modifications on its website. Your continued use of the Services after notice of modifications constitutes Your acceptance of the modifications. If You do not agree to the modifications, You should discontinue Your use of the Services. This Agreement supersedes any prior agreements.

1.              Purpose of Services and Member Usage

The purpose of AgentStream is to provide a community for travel agency professionals to network and learn from each other by sharing their knowledge and expertise.  AgentStream is not for the commercialization of agents’ services or content.  AgentStream is provided as a service for its members only.

 You may log in to AgentStream, use the Services or modify Your information, only through Your Member Name and password. You may not have more than one account or Member Name, and only one email address for Your use of the Services. By registering, You certify that the email address You provide in the registration is accurate and belongs to You; otherwise we have the option of suspending Your account with AgentStream.  You are responsible for maintaining the confidentiality of Your password and for any and all activities that occur under Your Member Name and password. You agree to notify AgentStream immediately at feedback@agentstream.com of any unauthorized use of Your account or any other breach of security You learn about.  You must be over 18 years of age to be authorized to access or utilize the AgentStream Services.

2.              Guidelines for Use

AgentStream Services may be used only for lawful purposes consistent with the purpose for which the Services are provided. You agree to comply with all applicable laws and regulations, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You agree not to use the AgentStream Services for any criminal or illegal activities or any activities that might be legally actionable.  

AgentStream reserves the right to refuse service to anyone, in its sole discretion.  AgentStream shall determine what constitutes system abuse or objectionable conduct. If AgentStream believes, in its sole discretion, that You have been involved in objectionable conduct in conjunction with AgentStream, system abuse or have violated these Guidelines, AgentStream may remove offensive or objectionable material and/or suspend or terminate your access to the Services.

The following is a non-exclusive list of objectionable conduct when done in conjunction with the Services.  If You observe a violation of these Guidelines, please notify AgentStream at feedback@agentstream.com

(a)             Posting or transmitting any information which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, including anything that would violate a confidentiality or employment agreement, (iii) contains a virus, worms, bugs, Trojan horses or other harmful item, or (iv) is used to unlawfully collude against another person in restraint of trade or competition.

(b)             Advertising, promoting in any way or offering to sell any goods or services for any commercial purpose.

(c)             Posting, transmitting or linking to statements that are intentionally false or misleading.

(d)             Using or authorizing or permitting any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the AgentStream web pages, data or content found on this site, in any case without the prior written permission of AgentStream.

(e)             Utilizing any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, or design of any AgentStream webpage.

(f)             Transmitting or otherwise transferring any web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise.

(g)             Using any device, software or routine to interfere or attempt to interfere with the proper working of this site or the Services.

(h)             Taking any action that imposes a burden or load on our infrastructure that AgentStream deems in its sole discretion to be unreasonable or disproportionate to the benefits AgentStream obtains from your use of the site.

(i)              Unauthorized use of this site and/or the materials contained on this site.

(j)              Soliciting individuals for employment.

(k)             Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

(l)              Posting links that lead to a competitor's site or soliciting individuals to join other competitive or comparable services.

(m)           Spamming, flaming or other similar activities, such as arguments between any one in a question.

(n)             Impersonating any other person.

3.              Review of Transmissions; Submitted Content

AgentStream is designed to allow the exchange of information between and among members.  When You post information to AgentStream, You understand and agree that such information Content can be viewed and used by other Members. AgentStream shall have the right (but not the obligation) to, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that AgentStream deems inappropriate or in violation of these terms and conditions. These terms and conditions apply to any journals, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by AgentStream from you (collectively "Submitted Content"). During monitoring, the Submitted Content may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and AgentStream disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to AgentStream and for the use by AgentStream and its affiliates as stated herein, and (b) the use of such Submitted Content by AgentStream will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the site. You agree that if you provide Submitted Content, you grant AgentStream and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you. You agree that you will not publish, submit, provide, or display such Submitted Content to or on any other commercial travel-related web-site or on-line service without AgentStream's prior written consent, which consent may be withheld by AgentStream in its discretion. Consent may be requested by sending an e-mail to feedback@agentstream.com.

4.              AgentStream Property Rights

You acknowledge and agree that AgentStream owns all right, title and interest in (i) the Services and (ii) all copyrights, patents, trademarks and other intellectual property rights therein.  This site and the content provided in this site and the Services, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of AgentStream, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only.  All rights not expressly granted herein are reserved.  You agree not to copy the layout, design, concept and organization of the Services for any purpose or use AgentStream’s trade names or marks without the express consent of AgentStream.

5.              Disclaimers of Warranty

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.  AGENTSTREAM MAKES NO WARRANTIES WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT: (I) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS FREE, (II) THE SERVICES WILL MEET YOUR REQUIREMENTS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES ARE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.  AGENTSTREAM ALSO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, PERFORMANCE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, QUIET ENJOYMENT, SYSTEM INTEGRATION, DATE OR DATA ACCURACY, AND ANY WARRANTIES OR CONDITIONS ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  YOU MAY HAVE OTHER LEGAL RIGHTS RELATING TO THIS AGREEMENT, WHICH MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR ANY CLAIMS RELATED THERETO SHALL BE CANCELATION OF YOUR MEMBERSHIP.

6.              Limitation of Liability

IN NO EVENT SHALL AGENTSTREAM BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY LEGAL THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, TORT, OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, SALES, REVENUE, USE, DATA, HARDWARE, SOFTWARE, OR GOODWILL; INTERRUPTION OF BUSINESS; ANTICIPATED OR LOST PROFITS; OR THIRD PARTY CLAIMS) THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABLITY TO USE THE SERVICES.  AGENTSTREAM’S TOTAL AGGREGATE LIABILITY TO YOU OR ANY OTHER PERSON FOR ACTUAL, DIRECT DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000) AND YOU AGREE TO BE RESPONSIBLE FOR ANY LIABILITY EXCEEDING SUCH AMOUNT.  YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY WILL APPLY WHETHER OR NOT AGENTSTREAM IS GIVEN NOTICE OF THE POSSIBLITY OF SUCH DAMAGES.  BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7.              Indemnification

AgentStream provides its Services to Members on the condition that Members will act professionally and responsibly. If they do not, Members must bear full responsibility for their actions. As a Member, You agree to defend, indemnify and hold harmless AgentStream, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of Your covenants under this Agreement; (ii) Your use of the Services or the Site; (iii) all conduct and activities occurring under Your Member Name and password; (iv) any defamatory, libelous or illegal material contained within Submitted Content or Your information and data; (v) any claim or contention that Submitted Content or Your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Submitted Content or Your information and data. AgentStream reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from You, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of AgentStream, which shall not be unreasonably withheld.

8.              Term, Termination

This Agreement shall be effective for as long as You use the Services. Either party may terminate this Agreement with or without cause, upon thirty (30) days notice to the other party. AgentStream may terminate this Agreement immediately if, based on AgentStream's sole judgment, it determines that You have breached this Agreement or the Guidelines established for the use of AgentStream Services. The termination of this Agreement shall terminate Your access to the Services.

Upon termination of this Agreement, the perpetual license You have granted to AgentStream shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.

9.              Export Control Compliance

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws. Regrettably, nations of Cuba, Iraq, Iran, Libya, North Korea, Afghanistan, and Syria may not legally access AgentStream.

10.            Optional Services

AgentStream may from time to time offer optional, premium services for a subscription or other fee (“Optional Services”).  Any use of Optional Services shall be governed by these terms and any additional terms specific to the applicable Optional Service(s) used by You.

11.            Assignment

You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder without the prior written consent of AgentStream.

12.            Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by AgentStream infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Site should be sent to Sabre Inc., 3150 Sabre Drive, Southlake, TX 76092, Attn: General Counsel. We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

13.            Privacy

AgentStream is operated by Sabre Inc.  To take full advantage of AgentStream’s capabilities, we gather information from members through the following ways:

·                member registration

·                member submitted content

·                cookie technology

·                IP addresses

When you register as a member of AgentStream, we collect basic information including your first name, last name, and email address.  The updating of all additional content in your user profile is completely voluntary and is used to deliver to you the full benefits of AgentStream.  Once you are a member, we will use the information we receive from you to determine what other information you may find most relevant.

Some personal information like member name, hometown, country and other information you choose to submit will become visible to other members when you disclose it in your displayed profile on AgentStream. This may include, but is not limited to:

·                Answers to profile questions

·                Answers to questions from other members

·                Blog post content

·                Comments provided in response to other members’ answers and blog posts

·                Photos and other content you voluntarily choose to upload to AgentStream

We use "cookies" to track and store information that personalizes each member’s experience on AgentStream.  A cookie is a small data file that is sent to your browser and is stored on your computer's hard drive when you visit AgentStream. A cookie assigns a random, unique number to your computer. Cookies allow us to recognize members when they come to AgentStream following their initial login.  We do not authorize any third party to access cookies created by AgentStream.  A cookie cannot read data off of your hard drive or read cookie files created by other web sites. You can reject cookies by turning them off in your browser but this will limit your use of AgentStream features and may cause error messages and certain features of AgentStream to malfunction or not work at all.

An IP address is a number that is assigned to your computer automatically when you access the Internet. When you visit AgentStream, our servers may record your IP address in order to facilitate systems administration or to report aggregate information for our own use or our supplier partners, affiliates, or other third parties.

14.            Applicable Law and Jurisdiction

This Agreement and its performance shall be governed by the laws of the State of Texas, United States of America, without regard to its conflict of laws provisions, and by applicable federal laws of the United States.  You consent and submit to the exclusive jurisdiction of the state and federal courts located in Tarrant Country, Texas, for the litigation and resolution of all questions and controversies arising out of Your access and use of the Services and this Agreement.  To the extent allowed by applicable law, any claim or cause of action arising from or relating to Your access or use of the Services must be filed with the court having proper jurisdiction over such claim or cause of action within two (2) years after the date on which such claim or action arose or accrued.

15.            Notices

Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email to You at the email address You provide AgentStream during registration, which shall be deemed delivered 24 hours after email transmission, and to AgentStream at Sabre Inc. 3150 Sabre Drive, Southlake, Texas 76092, Attn: General Counsel.  

16.            Attorney’s Fees

If AgentStream or its affiliates take any action to enforce this Member Agreement and these terms and conditions, such parties will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

17.            Entire Agreement 

This Agreement constitutes the entire agreement between AgentStream and You with respect to the Services, and supersedes all prior agreements related thereto.  No oral statements, promises, or agreements will alter the terms of this Agreement.  If any provision of this Agreement is held unenforceable, the unenforceable provision will, at AgentStream’s option, be severed from this Agreement, or construed in accordance with applicable law as nearly as possible to reflect AgentStream’s and Your mutual original intent, and all other provisions will remain in full force and effect.  However, if in AgentStream’s opinion such severance or construction of such provision would frustrate the purpose of this Agreement, then AgentStream may terminate this Agreement.