Acceptance of Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of the TravelDiaryShop.com websites and mobile sites (collectively, the “Site”) as well as the provision and sale of products and services by Travel Diary Americas LLC. and/or its affiliates and/or fulfillment providers, as the context may require (“Travel Diary Americas LLC.” “we,” “us,” or “our”). By accessing or using this Site and its related software tools, applications or any other Travel Diary Americas LLC service, you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. If your use of this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use.

Every offer of a Travel Diary Americas LLC product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Travel Diary Americas LLC has not specifically rejected them.

Travel Diary Americas LLC reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

Travel Diary Americas LLC Email Marketing is subject to additional terms of use found here: Email Marketing Terms and Conditions

Travel Diary Americas LLC Design & Creative Services are subject to the additional terms of use found here: Design & Creative Services Terms and Conditions

Standard for Electronic Transactions

Travel Diary Americas LLC is governed by, is obligated to comply with, and fully supports the spirit of the Bermuda Standard for Electronic Transactions.

Copyrighted Materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Travel Diary Americas LLC or the copyrighted property of parties from whom Travel Diary Americas LLC has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Travel Diary Americas LLC reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Travel Diary Americas LLC remain the property of Travel Diary Americas LLC and its licensors. The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Travel Diary Americas LLC reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Travel Diary Americas LLC customers may use the design tools to create logos that have similar or identical combinations of these elements and Travel Diary Americas LLC does not guarantee that your logo will not have similarities to logos designed and used by other parties. Travel Diary Americas LLC provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Travel Diary Americas LLC reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Travel Diary Americas LLC customers may use the design tools to create logos that have similar or identical combinations of these elements and Travel Diary Americas LLC does not guarantee that your logo will not have similarities to logos designed and used by other parties. Travel Diary Americas LLC provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Travel Diary Americas LLC (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Travel Diary Americas LLC does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Travel Diary Americas LLC.You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Travel Diary Americas LLC reserves the right, in Travel Diary Americas LLC’s sole discretion, to refuse to accept any content provided by you to Travel Diary Americas LLC or to process any order at any time and for any reason. Travel Diary Americas LLC also may terminate its service to and/or the accounts of customers found to be using Travel Diary Americas LLC to engage in undesirable activities or otherwise violating these Terms of Use. You agree that Travel Diary Americas LLC shall have no liability of any kind to you or to any third party arising from such refusal or termination. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Travel Diary Americas LLC to produce the Products on your behalf. You grant Travel Diary Americas LLC the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Travel Diary Americas LLC to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Transfer of Title

The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Indemnification

You agree that you shall indemnify Travel Diary Americas LLC and all parties from whom Travel Diary Americas LLC has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Travel Diary Americas LLC or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

Disclaimer of Warranty

The site and its content are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. While we make reasonable efforts to accurately display the attributes of products, we do not warrant that product descriptions are accurate, reliable and error-free. References and links to products or services of independent companies may appear on the site. These references and links are provided "as is" without warranty of any kind, either expressed or implied.

Limitation of Liability

In no event shall travel diary americas llc or its licensors, suppliers, or vendors, or the officers, directors, employees, or agents of any of them, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not travel diary americas llc has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or products or services sold thereon, or of failure to provide products or services that you order from travel diary americas llc or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall travel diary americas llc be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of this site or its content or our supplied products or services.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Travel Diary Americas LLC in connection with the operation or content of this Site shall be provided by the submitter and received by Travel Diary Americas LLC on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Travel Diary Americas LLC. By submitting any such information to Travel Diary Americas LLC, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Travel Diary Americas LLC shall be free to use such information on an unrestricted basis.

Governing Law

The party you are contracting with and the seller of the products and services offered and sold on this Site is Travel Diary Americas LLC , a limited company organized under the laws of the United States of America with its headquarters in the Woodlands Texas. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this site shall be governed by the laws of the United States of America. You agree to submit to the jurisdiction of courts sitting in Texas, United States and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Travel Diary Americas LLC that a court sitting in Amsterdam is an inconvenient forum for such legal action or proceeding.

FORCE MAJEURE:

TRAVEL DIARY SHOP PRODUCTS CANNOT BE HELD RESPONSIBLE FOR FAILURE TO FULFILL A DELIVERY COMMITMENT AS A RESULT OF SITUATIONS BEYOND OUR REASONABLE CONTROL. THIS INCLUDES, BUT IS NOT LIMITED TO OCCURRENCES SUCH AS: NATURAL DISASTERS (I.E. HURRICANES, FLOODS), LABOR STRIKES, CONGESTION AT PORTS OF ENTRY, US CUSTOMS / HOMELAND SECURITY HOLDS AND DELAYS, OR FAILURE OF SUBCONTRACTORS TO PERFORM. TRAVEL DIARY SHOP WILL PROVIDE WRITTEN DOCUMENTATION IN SUPPORT OF ANY FORCE MAJEURE OR COMMERCIAL IMPRACTICABILITY CONDITION UPON REQUEST.

SOCIAL COMPLIANCE AND ENVIRONMENTAL STATEMENT

CORPORATE SOCIAL RESPONSIBILITY

All business activities of Travel Diary and its manufacturers shall comply with all applicable national, state, provincial and local laws and regulations, industry minimum standards, ILO and UN Conventions, and any other relevant statutory requirements whichever requirements are more stringent that pertain to product safety, employment and manufacturing.

1. LEGAL COMPLIANCE

All business activities of Travel Diary and its manufacturers shall comply with all applicable national, state, provincial and local laws and regulations, industry minimum standards, ILO and UN Conventions, and any other relevant statutory requirements whichever requirements are more stringent that pertain to product safety, employment and manufacturing.

2. FREEDOM OF ASSOCIATION AND THE RIGHT TO COLLECTIVE BARGAINING

Travel Diary respects the right of all personnel to form and join trade unions of their choice and to bargain collectively. In situations or countries in which law restricts the rights regarding freedom of association and collective bargaining, parallel means of independent and free organization and bargaining shall be facilitated for all personnel. It shall be ensured that representatives of personnel have access to their members in the workplace.

3. PROHIBITION OF DISCRIMINATION

Travel Diary will not tolerate discrimination in hiring, remuneration, access to training, promotion, termination or retirement based on gender, age, religion, race, caste, social background, disability, ethnic and national origin, nationality, membership in workers’ organizations including unions, political affiliation, sexual orientation, or any other personal characteristics.

4. COMPENSATION

Through our factory audit program Travel Diary mandates that its suppliers and vendors ensure that wages paid for regular working hours, overtime hours and overtime differentials shall meet or exceed legal minimums and/or industry standards. Illegal, unauthorized, or disciplinary deductions from wages shall not be made. In situations in which the legal minimum wage and/or industry standards do not cover living expenses and provide some additional disposable income, supplier companies are further encouraged providing their employees with adequate compensation to meet these needs.

5. WORKING HOURS

Travel Diary and its supplier companies shall comply with applicable national laws and industry standards on working hours. The maximum allowable working hours in a week are as defined by national law but shall not on a regular basis exceed 48 hours and the maximum allowable overtime hours in a week shall not exceed 12 hours. Overtime hours are to be worked solely on voluntary basis and to be paid at a premium rate. An employee is entitled to at least one free day following six consecutive days worked.

6. PROHIBITION OF CHILD LABOR

Travel Diary absolutely forbids the use of child labor as defined by ILO and United Nations Conventions and/or by national law. Of these various standards, the one that is the most stringent shall be followed. Any forms of exploitation of children are forbidden. Working conditions resembling slavery or harmful to children’s health are forbidden. The rights of young workers must be protected. In the event that children are found to be working in situations, which fit the definition of child labor above, policies and procedures for remediation of children found to be working shall be established and documented by the supplier company. Furthermore, the supplier company shall provide adequate support to enable such children to attend and remain in school until no longer a child.

7. PROHIBITION OF FORCED LABOR AND DISCIPLINARY MEASURES

All forms of forced labor, such as lodging deposits or the retention of identity documents from personnel upon commencing employment, are forbidden, as is prisoner labor that violates basic human rights. Travel Diary ’s manufacturers shall not knowingly use factories that force work to be performed as a form of indentured servitude. This use of corporal punishment, mental or physical coercion, and verbal abuse is forbidden.

8. ENVIRONMENT AND SAFETY ISSUES

Procedures and standards for waste management, handling, and disposal of chemicals other dangerous materials, emissions and effluent treatment must meet or exceed minimum legal requirements. Travel Diary reserves the right to either conduct on its own or have an appointed agent conduct an inspection of a manufacturers workplace environment, employment practices, records, facilities and if provided - housing accommodations. Travel Diary may also use its own discretion and conduct private interviews with employees of its suppliers.