Terms and Conditions | Travel is Dessert

Updated: May 22, 2024

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://travelisdessert.com website (the “Service”) operated by the Travel is Dessert Team (“us”, “company”, “I”, “me”, “my” “we”, or “our”). The term “you” refers to anyone who uses, visits, and/or views the website.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms including our Disclaimer and Privacy Policy Terms posted elsewhere on this website. If you disagree with any part of the terms then you may not access the Service.

The term ‘you’ refers to anyone who uses, visits, or views this website. The website is intended for individuals over the age of 18. Children under the age of 18 are prohibited from using this website. We do not envision offering products or services to individuals in the European Union as outlined in the General Data Protection Regulation. Additionally, we make no representation that the information provided on the website including any products and/or services are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation.

Travel is Dessert Themes Licensing

All themes and plugins, free or paid, distributed on this website, are licensed under the GNU General Public License (http://www.gnu.org/licenses/gpl.html) version 2.0 or later.

Products and Purchases

We may offer products for you to download as well as courses, travel guides, programs, digital products, physical products, and any other materials (collectively known as ‘products’) on this website. We grant you a limited, personal, non-exclusive and non-transferable license to use all of our products for your personal use only.

You acknowledge and agree that you do not have the right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance, or in any way exploit our products. You can not sell or redistribute any of our products, whether free or paid ones, without our express written consent.

You are encouraged to familiarize yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act of 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Travel is Dessert is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Travel is Dessert cannot accept any liability for loss or damage arising out of such cancellation.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

All sales of products and/or services on this website are final. No refunds will be issued.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Intellectual Property

All content on the website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and all other information here (collectively the ‘Content’) is owned by us and is protected by copyright, trademark, and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use.

The Service and its original content, features and functionality are and will remain the exclusive property of Travel is Dessert and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Travel is Dessert.

You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it is not in violation of any copyright, trademark, and intellectual property or proprietary rights.

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent, or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

You also agree to not upload, display, post, transmit, distribute, send, email, or submit to us on the website or any of our emails or social media sites any information that is illegal, violates or infringes on the rights of others, is defamatory, is abusive or profane, is hateful or vulgar, is pornographic or threatening, is defamatory or anything that might encourage or advocate a criminal offense as well as anything that might advocate civil liability or violate any law. You may not distribute material including but not limited to spyware, computer virus, any kind of malicious computer software, or any other harmful information that is actionable by law. You may not attempt to gain unauthorized access to any portion or feature of this website nor send any unsolicited or unauthorized material. You may not cause any disruption to the operation of this website.

You agree to use this website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Travel is Dessert.

Travel is Dessert has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Travel is Dessert shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Mandatory Arbitration, Indemnification, and Governing Law

You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website or our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Tennessee and United States.

You agree to consent and submit to the jurisdiction of the state and federal courts in Tennessee without regard to the principles of conflict of law or where the parties are located at the time the dispute arises.

You agree to resolve any disputes or claims first through mandatory arbitration in the state of Tennessee and shall bear the full cost of arbitration as permitted by the law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailign party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.

You agree to defend, indemnify and hold harmless Travel is Dessert and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, actions, debt, suits, proceedings, or judgments, costs and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service b) by you or any person using your account and password or c) a breach of these Terms.

The limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

We will notify you promptly of any such claims or liability, and reserve the right to defend such claim, liability or damage at your expense. You shall full cooperate and provide assistance to us if requested, without any cost to us, to defend such claims.

Limitation Of Liability

In no event shall Travel is Dessert, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content or products obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer and Affiliate / Third Party Links Disclosure

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for any purpose, express or implied to the full extent permissible by law, non-infringement or course of performance. Travel is Dessert makes no warranties or no representations as to the content, information, materials, products, and/or services provided on this website as well as making no warranty that the website will perform or operate to meet your requirements or that the information here will be complete, current, or error-free.

Travel is Dessert provides general educational information on various topics on this website as a public sevice, which should not be construed as professional, financial, real estate, tax or travel, blog, and photography advice. These are my personal opinions only. Although I am a travel blogger and photographer by profession, this does not mean I am your travel advisor or photographer advisor. This website is for education and informational purposes only. It does not establish any kind of professional client relationship. A professional client relationship is only formed after we have entered into a written agreement with you that you have signed including our fee structure and other terms to represent you in a specific matter. Always consult a professional in the area of your particular need prior to making any professional, legal, travel, photography, financial, or tax related decision.

Travel is Dessert or any of its administrators or employees or contractors can not be held responsible for any adverse effects or incidents caused as a result of taking the advice or tips or suggestions from this website.

Travel is Dessert, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

We may partner with other businesses or become part of different affiliate marketing programs whose products or services may be promoted or advertised on the website in exchange for commissions and/or financial rewards when you click and/or purchase those products or services through our affiliate links. We will make a commission if you make a purchase through our affiliate link at no extra cost to you.

We may also recommend other products, services, coaches, and consultants but no such reference is intended to be an endorsement or statement that such information provided is accurate. We recommend these based on our personal experience but it is still your responsibility to conduct your own due diligence to ensure you have obtained complete accurate information about such product, services, coaches, and consultants.

We may also include sponsored posts or reviews on our website from time to time for products or services that we recommend or that we have deemed valuable. We may receive incentives, discounts, compensation, or free products in exchange for our reviews and sponsored content. All such reviews and sponsored posts are solely our honest opinions made in good faith. You are encouraged to do your own due diligence before relying on these products or service. They also only serve as informational and do not serve as a guarantee or promise of any kind if you deicide to use those products or services, tips, techniques, reviews or information. You are solely responsible for performing your own due diligence before using any product, service or information on this website.

We are a participant in the Amazon Services LLC Associates Program, which is an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.

These affiliate or third party relationships in no way compromise the integrity of the content, information, services, and materials being offered to you here, and you are under no obligation to click on these affiliate links to purchase these products or services. These affiliate programs are selected based on personal experiences and preferences.

This disclosure policy and this Terms and Conditions policy applies to all affiliate links we share on our website, social media, emails, programs, products, courses, ebooks, travel guides, and through any other means of communication to you.

Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions.

Fair Use Disclaimer

This website reviews products that we use, have tested, and trust including but not limited to posting of product images from other websites, logos of manufacturers. In doing so, no copyright is claimed for this kind of content on the website and to the extent that such material may appear to be infringed, we assert that such alleged infringment is permissible under the fair use principles of U.S. copyright laws. If you believe any material has been used in any unauthorized manner, please contact us at in**@tr*************.com

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Travel is Dessert ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Travel is Dessert or any person for whom Travel is Dessert is responsible, and even if Travel is Dessert has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Tennessee and the United States of America, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By using this website, you accept any amendments made. What constitutes a material change or amendment will be determined at our sole discretion. It is your responsibility to check the website periodically for updates, changes, or amendments.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

We are dedicated to respecting the privacy of your personal information. You can find our Privacy Policy at https://travelisdessert.com/privacy/

Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. You agree that they constitute part of these terms, and you agree to be bound by these terms. You must not access or use the website if you do not agree with these terms or this privacy policy. Please read our Terms and Conditions and the Privacy Policy before you use the Service.

I reserve the right to edit and/or delete any comments if they are deemed to be spam, profanity, offensive, or if they attack or offend a group or individual. I also reserve the right to remove any links on your comments or not approve comments that have links in them referencing to other websites.

Any letters, emails, blog comments, responses on social media such as Facebook, Instagram, or Pinterest, or any questions written directly to us may be used to share with my blogging and social media audiences through this website, or my newsletter, or on my social media unless specifically requested otherwise.

NO Artifical Intelligence

The owner of this website does not consent to the content of this website being used or downloaded by any third parties for the purpose of developing, training or operating artificial intelligence or other machine learning systems. Absent such content, users of this website, including any third parties accessing the website through automated systems, are prohibited from using any of the content on the website for Artificial Intelligence purposes. Users or automated systems that fail to respect these choices will be considered to have breached these policies.

These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire ‘Agreement’ between you and us with respect to the website. A printed version of this entire agreement including the Privacy Policy and Disclaimer and any notice given in electronic form shall be admissable in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

If any provision in this agreement is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed. tohave been immitted from this Agreement while the remained of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

Contact Us

If you have any questions about these Terms, please contact us at in**@tr*************.com.