This is the part where we tell you what happens legally when you use the Barclaycard Travel Community.
Unless otherwise indicated, the site and all content and other materials are proprietary property of Barclaycard. You grant Barclaycard a license to use your submissions for any purpose. In addition, the community may decide to consider an idea you submit. You agree that community members and/or Barclaycard may vote on it, change it or otherwise opt to incorporate it into the website, a mobile application, or card features. You may not modify, rent lease, loan, sell, distribute or create derivative works based on content (either in whole or in part) on the website. Barclaycard reserves the right (but has no obligation) to prescreen, review, flag, filter, modify, refuse or remove any or all content.
Remember not to post any of your specific credit card account details or other personal information such as address, Social Security number or phone number. If you need to reach Barclaycard Customer Care with a specific question about your credit card account, please call us at 866-558-1107.
Barclaycard reserves the right to manage the postings on the site in order to provide an orderly presentation of this information. To effectively do so, Barclaycard may designate employees to act as moderators, community managers and administrators. These employees are the only representatives of Barclaycard authorized to manage the community. Other Barclaycard employees will participate in the community solely in their personal capacity as community members and/or cardmembers. Barclaycard is not responsible for content provided by any Barclaycard employee who is not expressly designated as a moderator or community manager.
Community members with questions should simply post a message and a community member, moderator, or community manager will be glad to help.
Barclaycard, its affiliates, licensors, and suppliers own the materials published on or made available through this Site, and any other website owned, operated, licensed, or controlled by Barclaycard or any of its related, affiliated or subsidiary companies (collectively the "Materials"). The Materials may not be copied, modified, distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted in writing by Barclaycard or any of its relevant related, affiliated or subsidiary company or companies.
In using the Site, you agree to obey the law, respect the rights of others, and avoid objectionable, defamatory, or disruptive behavior. In addition, you will comply with the following rules of conduct, as they may be updated from time to time. You will not:
Post, transmit, or otherwise make available, through or in connection with the Site:
- Any "sensitive" personally identifiable information, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, Social Security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters;
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Use the Site for any fraudulent or unlawful purpose.
- Post stories with information and/or images that are not unique to you or plagiarized (example: taking pictures from Google images searches; copying a review from another website).
- Post non-travel related stories (examples: your trip to Cosi, the view from your car while driving, etc.).
- Post multiple stories of the same place/location with relatively similar information and images (example: seven travel stories of one museum or town with a single photo in each).
- Post Travel Stories that contain irrelevant content and/or details that do not provide informational value to other community members.
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, including without limitation any representative of Barclaycard; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services without BarclaycardÕs express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without BarclaycardÕs express prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without BarclaycardÕs express prior written consent.
Registration is required to use certain parts of this site. Barclaycard may refuse to grant you, and you may not use, a user name that is already being used by someone else, belongs to or impersonates another person, violates the intellectual property or other rights of any person (including but not limited to trademark rights), is offensive, or that Barclaycard rejects for any other reason in its sole discretion. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use of your user name and password, and you agree to promptly notify Barclaycard of any confidentiality breach or unauthorized use of your user name and password.
You retain ownership of any information, content and/or materials you submit through the Site (each, a ÒSubmissionÓ). Please note, however, that Barclaycard needs certain rights to your Submissions to be able to make them available on the Site. As such, you hereby grant to Barclaycard, its affiliates, and their respective service providers and designees a worldwide (as the internet is global in its reach), non-exclusive (so you can license your submissions to others), transferable, sublicenseable (so we can use our service providers to provide the site), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed.
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission and your provision of it through the Site comply with all applicable laws, rules, and regulations and do not violate the rights of any third party. You further irrevocably waive any Òmoral rightsÓ or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. Barclaycard requests this waiver to help ensure that it has all the rights it may need to provide the services available through the Site.
THE SITE AND ANY MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU ÒAS ISÓ WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. BARCLAYCARD, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS AND THEIR AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY MATERIALS OR SERVICES OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
Applicable law may not allow for limitations on certain implied warranties. Solely to the extent that such law applies to you, some or all of the above disclaimers or exclusions may not apply to you, and you may have additional rights.
BARCLAYCARD, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS AND THEIR AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, BARCLAYCARD, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS AND THEIR AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY BARCLAYCARD OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Applicable law may not allow for limitations on certain damages. Solely to the extent that such law applies to you, some or all of the above limitations may not apply to you, and you may have additional rights.
The Site may provide links to third party sites and resources for your information only. Barclaycard and its affiliates are not responsible for and do not endorse such sites or resources. YOUR ACCESS TO AND USE OF THIRD PARTY SITES AND RESOURCES IS AT YOUR OWN RISK.
Barclaycard and the Barclaycard logo are registered trademarks of Barclays, LLC under license to Barclaycard in the United States, and of Barclaycard in other countries. All other Barclaycard trademarks, service marks, domain names, logos and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Barclaycard or its affiliates or licensors. In countries where any of the Barclaycard trademarks, service marks, domain names, logos and company names are not registered, Barclaycard claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on this Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of Barclaycard or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo or company name.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Claims of Copyright Infringement
TThe Digital Millennium Copyright Act ("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 any material available via the Site infringes your copyright, you may send Barclaycard a notice requesting that it remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Barclaycard a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Customer Care, Barclaycard US, 125 South West Street, Wilmington, DE 19806. (302)255-8000;. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Pursuant to 47 U.S.C. Section 230(d) as amended, Barclaycard hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Barclaycard does not endorse any of the products or services listed at such sites.
In the event you browse, access or use another site hosted by Barclaycard or its affiliates, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of the site. © 2013 Barclays Bank Delaware, member FDIC. All rights reserved.