PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions.

1. GENERAL

TERM This User Agreement (”Agreement”) is made between THE TOURISM AUTHORITY OF THAILAND AND BORN DISTINCTION CO. LTD (http://www.TourismThailand.org/ThailandTourismUpdate) which owns and operates the internet site with the URL: http://www.TourismThailand.org/ThailandTourismUpdate (”the Web Site”) and you who access and/or visit or cause to access and/or visit the Web Site (”you/your”).

Your usage, access, visits at the Web is on express condition that you accept without variation the terms and conditions set out herein. The information contained in these webpage may be amended by us from time to time without notice to you. You need to review these webpage each time you use this Site. Your usage, access or visits at this Site constitutes your agreement to all the terms and conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use this Site.

2. USE OF SITE
TourismThailand.org/ThailandTourismUpdate grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate travel postings, keep yourself update and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent postings.

This site and the content provided in this site, including the text, graphics, button icons, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of TourismThailand.org/ThailandTourismUpdate 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.

You may not use 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 Web pages, data or content found on this site, in any case without the prior written permission of TourismThailand.org/ThailandTourismUpdate. You agree that you will not transmit or otherwise transfer 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. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that TourismThailand.org/ThailandTourismUpdate deems in its sole discretion to be unreasonable or disproportionate to the benefits TourismThailand.org/ThailandTourismUpdate obtains from your use of the site.

Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from 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 offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. 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 this site.

3. YOUR REGISTRATION OBLIGATIONS
Once a user has registered with TourismThailand.org/ThailandTourismUpdate, every user will be able to choose his/her own unique Username to access information available on TourismThailand.org/ThailandTourismUpdate. TourismThailand.org/ThailandTourismUpdate’s servers have been specially designed to intelligently identify each user during the entire process of data communication. However, to ensure that a user’s information will not be accessible by any other user from another computer, you agree to:

1. keep your Username and Password secure and protected from unauthorized access or use.

2 . immediately notify TourismThailand.org/ThailandTourismUpdate if you become aware of, or suspect, any unauthorized access to your Username and Password, or any other breach of security. TourismThailand.org/ThailandTourismUpdate will not be liable for any loss that you may incur as a result of any unauthorized usage of your Username or Password or account, either with or without your knowledge;

3. maintain and promptly update your Account to keep it true, accurate, current and complete;

4. use the information available on or from these Sites for non-commercial use and information purposes only. Any unauthorized commercial use of the information or services provided through this Site is expressly prohibited;

5. not to use this Site in a way which interferes with its availability for other users;

6. not to use the account of any other TourismThailand.org/ThailandTourismUpdate’s member, without the express permission of the account holder;

7. not to use this Site to make any speculative, false or fraudulent postings.

8. take standard precautions as follows to further protect your information:

(a) Memorizing your Username and Password Changing your Password on a regular basis
(b) Not giving your Password to others

4. PRIVACY
You have read the TourismThailand.org/ThailandTourismUpdate Privacy Policy, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by TourismThailand.org/ThailandTourismUpdate and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the TourismThailand.org/ThailandTourismUpdate Privacy Policy.

5. AGE AND RESPONSIBILITY
(Representative Warranties) If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information. All information supplied by you in using these Sites is complete, true and accurate. You shall not post or transmit 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 offence, give rise to civil liability, or otherwise violate any law.

6. EXCLUSIVE OF WARRANTY

TourismThailand.org/ThailandTourismUpdate and any third party providers and distributors make no warranty of any kind regarding this site and/or any materials provided on this site, all of which are provided on an “as is” basis. TourismThailand.org/ThailandTourismUpdate and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither TourismThailand.org/ThailandTourismUpdate nor any third party providers or distributors warrant that this site, its servers or any e-mail sent from TourismThailand.org/ThailandTourismUpdate are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights, which vary from state to state.

7. LIMITATION OF LIABILITY
TourismThailand.org/ThailandTourismUpdate assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of you access to, use of , or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. In no TourismThailand.org/ThailandTourismUpdate nor its suppliers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with

1. Any use of this site or content found herein,

2. Any failure or delay, or

3. The performance or non performance by TourismThailand.org/ThailandTourismUpdate or any third party providers or distributors, Even if such party has been advised of the possibility of damages to such parties or any other party. Notwithstanding anything contained in this Agreement, the liability of TourismThailand.org/ThailandTourismUpdate and/or its Suppliers and their officers, directors, employees and agents shall in no event exceed, in the aggregate, US $100

8. LINKS TO THIRD PARTIES AND ADVERTISEMENTS
TourismThailand.org/ThailandTourismUpdate, as well as third party ad servers displayed on TourismThailand.org/ThailandTourismUpdate, may provide links and advertisements to other Websites which are not under the control of, or which are not maintained by, TourismThailand.org/ThailandTourismUpdate. The links to any such third party Websites are provided for your convenience and information only. If you access these Websites you do so at your own risk. TourismThailand.org/ThailandTourismUpdate is not responsible for the content of those Websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content. The fact that a Website is linked to TourismThailand.org/ThailandTourismUpdate does not imply any endorsement or sponsorship by TourismThailand.org/ThailandTourismUpdate of that Website or that TourismThailand.org/ThailandTourismUpdate is affiliated in any way with the third party operating that third party Website.

TourismThailand.org/ThailandTourismUpdate makes no representations about the accuracy or suitability of the information provided by third party on TourismThailand.org/ThailandTourismUpdate. The information provided by third party is provided ‘as is’ without express or implied warranty. You use the information at your own risk and therefore agree to indemnify TourismThailand.org/ThailandTourismUpdate against any security breaches or any other problems that arise from payments through third party sites. TourismThailand.org/ThailandTourismUpdate does not control the legality, quality, safety or timeliness of any postings that is used as a result of the use of information contained on TourismThailand.org/ThailandTourismUpdate “.

9. CHANGES

9.1 TourismThailand.org/ThailandTourismUpdate reserves the right to change the functionality of this Website. TourismThailand.org/ThailandTourismUpdate may add, delete or stop offering content, functions and/or any other part of this Website at its own discretion at any time.

9.2 TourismThailand.org/ThailandTourismUpdate reserves the right to change these Terms and Conditions from time to time. The Terms and Conditions governing your use are based on what is in effect at your time of use. The new Terms and Conditions will be posted on this page. These Terms and Conditions were last modified on February 12th 2009.

10. MISCELLANEOUS

10.1 Failure by TourismThailand.org/ThailandTourismUpdate to enforce any of the Terms of this agreement does not mean those Terms or any of the other Terms in this agreement are waived.

10.2 The relationship between you and TourismThailand.org/ThailandTourismUpdate is not one of agency or partnership and you will not be deemed to be a partner, employee, agent or representative of TourismThailand.org/ThailandTourismUpdate by your use of this Website. TourismThailand.org/ThailandTourismUpdate reserves the right to assign or subcontract any or all of its rights and obligations under this agreement. You may not assign, dispose of or transfer your rights to any third parties without the written consent of TourismThailand.org/ThailandTourismUpdate.

10.3 The headings in these Terms and Conditions are only for convenience and not for interpretation.

10.4 Users of this Website agree that by posting any information or submitting any data to this Website, they are of an age to understand these Terms and any implications these might hold for them.

11. SEVERABILITY
These Terms and Conditions are severable. If ever any of these provisions is deemed to be unenforceable or invalid, such a provision will be enforced to the maximum permitted by applicable law. Such a provision will not affect the validity and enforceability of any other remaining provisions.

12. FORCE MAJEURE
TourismThailand.org/ThailandTourismUpdate shall not be liable for damages of any kind arising out of any failure or delay by TourismThailand.org/ThailandTourismUpdate in performing any or all of our obligations contained herein or in respect of any information or service if the failure or delay is due to circumstances or cause beyond our reasonable control.

13. RESTRICTION/ CANCELLATION OF SERVICE
TourismThailand.org/ThailandTourismUpdate may, at any time and at its sole discretion and without cause or notice, terminate or restrict your access to any component of this Site or refuse to give effect to any posting requested by you, terminate your password, account (or any part thereof) or use of this Site, and remove and discard any Content within this Site, without being required to give any reasons or advance notice to you.

14. INDEMNITY
You agree to indemnify, defend and hold harmless TourismThailand.org/ThailandTourismUpdate, its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney’s fees) arising from your failure to comply with these Terms, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, Member Content provided by you or from your violation of any applicable law.

15. ATTORNEY’S FEES
If TourismThailand.org/ThailandTourismUpdate or its affiliates take any action to enforce this User 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.

16. TERMINATION
TourismThailand.org/ThailandTourismUpdate may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which TourismThailand.org/ThailandTourismUpdate and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to TourismThailand.org/ThailandTourismUpdate

17. GOVERNING LAW
This Agreement and its performance shall be governed by and construed in accordance with the laws of Thailand and you consent and submit to the non-exclusive jurisdiction of the courts of Thailand.

18. ENTIRE AGREEMENT
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.