This website, located at BrightsparkTravel.com (“Website”), is owned and operated by Brightspark Travel, Inc. (“Brightspark Travel”). Brightspark Travel is a student tour operator specializing in trips for high school and middle school students. This website provides users with access to information and materials about Brightspark Travel travel services (“Services”) and certain online forms.
The website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about the Services, "Content"). This website is intended for use only by users who are at least 13 years of age.
Availability of Services
Some of our Services are limited in time or are subject to limitations on their availability and may not be available to all users. EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION CONTAINED ON THIS WEBSITE IS NOT AN OFFER TO SELL BY BRIGHTSPARK TRAVEL. This website may provide certain summary descriptions or other helpful information regarding our Services. Brightspark Travel attempts to be as accurate as possible; however, any such materials are intended to generally describe the Services and are subject in all respects to the specific terms and conditions applicable to such Services.
Except as otherwise expressly stated, all Content appearing on this website is the copyrighted work of Brightspark Travel or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of the Content is also the exclusive property of Brightspark Travel and is protected by U.S. and international copyright laws. You may download information from this website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g. trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Brightspark Travel or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Brightspark Travel. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Brightspark Travel does not warrant or represent that your use of Content and Services or any other materials displayed on this website will not infringe rights of third parties.
Trademarks and Service Marks
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this website, and Brightspark Travel reserves the right to change the access configuration of this website at any time without prior notice.
Any use or attempted use of this website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Brightspark Travel to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Brightspark Travel, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the website, you agree you will not:
a) Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, your or another user’s parent or guardian or any Brightspark Travel representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Manipulate or otherwise display the website by using framing, mirroring or similar navigational technology;
l) Probe, scan, test the vulnerability of or breach the authentication measures of, this website or any related networks or systems;
m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
n) Harvest or otherwise collect information about others, including email addresses;
Right to Monitor
No Brightspark Travel Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the website is provided by third party content providers, Brightspark Travel has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers on this website are those of such third party suppliers. Brightspark Travel does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Brightspark Travel.
Links to Third Party Websites and Social Networking Platforms
Safe Use of Social Networking Platforms
Please take care when you post on third party social networking platforms. Materials you post on such platforms can, depending on your privacy settings, become visible to other members or the public. As indicated above, we cannot control and are not responsible for the content of these social networking platforms. We urge you to report any inappropriate content or behavior to the platform administrator.
Content and other information contained on this website has been prepared by Brightspark Travel as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Brightspark Travel has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this website or any other website maintained by Brightspark Travel. Users relying on Content or other information from this website do so at their own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes; please refer to the complete terms and conditions applicable to specific Services. Should you purchase travel services through Brightspark Travel or purchase a product or service from a third party, the terms and conditions applicable to that transaction will govern such purchase, as applicable, and your use of this Website does not affect that purchase in any manner. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND THE STUDENTCITY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. STUDENTCITY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT STUDENTCITY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF STUDENTCITY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE STUDENTCITY DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
General Provisions Entire Agreement
Governing Law; Jurisdiction; Venue; Severability of Provisions
Password Accounts, Passwords and Security
If you have been given the option to open an account on this website that will provide you with access to password protected portions of the website and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, provide any required parental or guardian consents, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Brightspark Travel of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Brightspark Travel will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Brightspark Travel or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Agency Relationship
Effective: June 1, 2016