AGREEMENT BETWEEN CUSTOMER AND ekoVenture, INC.

Welcome to the ekoVenture.com website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, connecting with other travelers and experts (Gurus), sharing digital media, and for no other purposes. The terms "we", "us", "our" and "ekoVenture" refer to Ekoventure, Inc., a Delaware corporation and/or our affiliates. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, you cannot use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that

1. you are at least 18 years of age
2. you possess the legal authority to create a binding legal obligation
3. you will use this Website in accordance with this Agreement
4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act
5. all information supplied by you on this Website is true, accurate, current and complete
6. if you have an ekoVenture.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website (except as specifically allowed by the GNU license for our wiki product). Additionally, you agree not to:

1. use this Website or its contents for any commercial purpose; except as specifically indicated in the case of Gurus and travel and tour suppliers
2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose;
4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
6. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

SUPPLIER RULES AND RESTRICTIONS

Separate terms and conditions apply to your reservation and purchase of travel-related goods and services. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

PRIVACY POLICY

ekoVenture believes in protecting your privacy. Please visit our current Privacy Policy posted on this site, which also governs your use of ekoVenture.com, to understand our practices: Privacy Policy

REVIEWS, COMMENTS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any travel reviews, questions, photos, videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant ekoVenture and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that ekoVenture may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant ekoVenture the right to claim against any person or entity that violates your or ekoVenture's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the ekoVenture.com website.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website:

1. any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law
2. any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services)
3. any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that ekoVenture may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. For further information, please visit our current Content Policy posted on this site, which also governs your use of ekoVenture.com, to understand our practices. Content Policy.

TRAVEL DESTINATIONS

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. ekoVenture urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. For information on disease/epidemic/illness type issues see www.cdc.gov.

By offering for sale travel to particular international destinations, ekoVenture does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.

LIABILITY DISCLAIMER

EkoVenture, inc., its employees, shareholders, officers, directors and affiliates (collectively “ekoVenture”) does not own or operate any entity which is to or does provide goods or services for your tour, including, for example, lodging facilities, transportation companies, tour operators, local ground operators, including, without limitation, guides, entertainment, food or drink service providers, equipment suppliers, etc. As a result, ekoVenture is not responsible for any negligent or willful act or failure to act of any such person or entity. In addition, ekoVenture is not responsible for any negligent or willful act or failure to act of any person or entity it does not own or control, nor for any act or inaction of any other third party not under its control.

Without limitation ekoVenture is not liable for any direct, indirect, consequential, or incidental damage, injury, death, loss, accident, delay, inconvenience or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation any willful or negligent act, failure to act, breach of contract or violation of local law or regulation of any third party such as an airline, train, hotel, bus, taxi, van or safari operator, tour operator, local groundhandler or guide, financial default or insolvency of any supplier which is, to, or does supply any goods or services for this trip. Similarly, ekoVenture is not responsible for any loss, injury, death or inconvenience due to delay or changes in schedule, overbooking of accommodation, default of any third party, attacks by animals, injury or death while on activities sponsored by lodging facilities or by other third parties, sickness, the lack of appropriate medical care, evacuation to same, if necessary, weather, strikes, acts of God or government, acts of terrorism, or the threat thereof, force majeure, war, quarantine, epidemics, or the threat thereof, criminal activity, or any other cause beyond its control.

The information, software, products, and services published on this Website may include inaccuracies or errors, including pricing errors. In particular, ekoVenture does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the tour, hotel, air, cruise, car and other travel products displayed on this Website (including, without limitation, the pricing, photographs, list of trip and hotel amenities, general product descriptions, etc.).In addition, ekoVenture expressly reserves the right to correct any pricing errors on our Website and/or on pending reservations made under an incorrect price. In such event, we will offer you the opportunity to keep your pending reservation at the correct price or, at your option, we will cancel your reservation without penalty.

Any ratings displayed on this Website are intended as only general guidelines, and ekoVenture does not guarantee the accuracy of the ratings. ekoVenture makes no guarantee about the availability of specific products and services. Actual acceptance on a tour is at the discretion of the Supplier, not ekoVenture. ekoVenture may make changes on this Website at any time and without notice.

ekoVenture makes no representations about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by ekoVenture. All such information, software, products, and services are provided "as is" without warranty of any kind. ekoVenture disclaims all warranties and conditions that this Website, its servers or any email sent from ekoVenture are free of viruses or other harmful components. ekoVenture disclaims all warranties and conditions with regard to this information, software, products, and services.

In no event shall ekoVenture be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even ekoVenture has been advised of the possibility of such damages.

INDEMNIFICATION

You agree to defend and indemnify ekoVenture Companies, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

1. your breach of this Agreement or the documents referenced herein;
2. your violation of any law or the rights of a third party; or
3. your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than ekoVenture. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this Website ("Software") is the copyrighted work of ekoVenture, or our suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by ekoVenture or our suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.

CURRENCY CONVERTER

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. ekoVenture does not warrant or guarantee accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: ©2008Ekoventure, Inc. All rights reserved. ekoVenture is not responsible for content on websites operated by parties other than ekoVenture, Inc. ekoVenture, ekoVenture.com, “Click, Share, Get There”, and Your Planet Awaits, are either registered trademarks or trademarks of Ekoventure, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of an infringement of our brand, please let us know by e-mailing us at brandinfringement@ekoVenture.com. We only address messages concerning brand infringement at this email address.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGMENT

ekoVenture respects the intellectual property of others, and we ask our users to do the same. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. ekoVenture may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ekoVenture's the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Notice of claims of copyright or other intellectual property infringement should be sent to:

By mail:

Copyright Agent
c/o ekoVenture, Inc.
Transamerica Pyramid
600 Montgomery Street, 8th Floor
San Francisco, CA 94111

By phone:

_______________

By fax:

_________________

By email:

[copyright@ekoVenture.com]

GENERAL

Nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and ekoVenture with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and ekoVenture with respect to this Website.

Any rights not expressly granted herein are reserved. Any modification of these terms and conditions can be made only in writing signed by an officer of ekoVenture.

ARBITRATION

The parties agree that any dispute with ekoVenture concerning, relating, or referring to this Agreement, this Website, brochures, or any other literature concerning my tour, or the tour itself shall be resolved exclusively by binding arbitration according to the then existing commercial rules of the American Arbitration Association in San Francisco, California. Such proceedings will be governed by substantive (but not procedural) California law excluding any application or consideration of the California Arbitration Act.

SELLER OF TRAVEL

ekoVenture is a registered seller of travel in the state of California Registration #_2093871-40. Registration as a seller of travel in California does not constitute the state's approval.

SERVICE HELP

For quick answers to your questions or ways to contact us, visit our Customer Support Center. Or, you can write to us at:

Attn: Customer Service
Ekoventure, Inc.
600 Montgomery Street, 8th floor
San Francisco, CA 94111

Revised September 4, 2008 ©2008 Ekoventure, Inc. All rights reserved.