Effective as of [Friday, January 12 2018]
Desktop Escape Terms of Use describes KAYAK’s terms that apply when you use the Desktop Escape application on your desktop. By installing Desktop Escape you accept and agree to be bound by the Desktop Escape Terms of Use, as well as the Terms and Conditions at KAYAK.com and the Privacy Policy on KAYAK.com (collectively, the “Agreement”). If you do not wish to be bound by the Desktop Escape Terms of Use, do not install, activate, use or otherwise access Desktop Escape. KAYAK reserves the right to modify the Agreement for any reason at any time by posting a new version on the website and/or notifying users of Desktop Escape.
1. Description of Desktop Escape
Desktop Escape gives you over 90 desktop background images. Each one features a new travel destination to inspire your next trip. Your desktop wallpaper will update regularly to give you a new image and destination to explore. You can update how often your desktop wallpaper changes and favourite images in the app settings. The app also displays information on the featured destination – a cheap flight price from your nearest airport and the local temperature and time in that destination. By clicking the ‘Escape’ button within the app you will be redirected to the KAYAK website to see more flight options. The app provides cached values based on previous user searches. Prices may change and offers may no longer be available. Desktop Escape (and any updates or upgrades thereto) is offered by KAYAK Software Corporation (such entity together with its affiliates, “KAYAK”) when you configure use with KAYAK.com. In the event you reconfigure your use with another KAYAK website, you agree to be bound by the terms and conditions, as well as the privacy policy, that applies to that applicable website. Please read KAYAK’s Terms and Conditions for additional information.
2. Information collected when you use Desktop Escape
When you use Desktop Escape, we collect information about your use of Desktop Escape. Some of it may be personal information. When you install Desktop Escape, we’ll use the Google Geolocation API to locate your nearest airport. This will be then be set as your default departure airport. If it’s not your preferred airport you can change this in the app settings. By installing the app you agree to share your current location with us. In addition to location data, we may collect information about your activity on Desktop Escape such as is you click the Escape button and are redirected to KAYAK.com search results, chosen destinations and in some cases KAYAK may associate collected information with your identity and KAYAK profile. Please read KAYAK’s Privacy Policy for additional information.
3. DISCLAIMER
YOU INSTALL AND USE DESKTOP ESCAPE AT YOUR OWN RISK AND SUBJECT TO FOLLOWING DISCLAIMER. DESKTOP ESCAPE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KAYAK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
4. LIABILITY
KAYAK (TOGETHER WITH OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, AFFILIATES, AND PROVIDERS) TO THE EXTENT PERMITTED BY LAW HEREBY EXPRESSLY EXCLUDE ANY RESPONSIBILITY AND LIABILITY FOR (A) ANY LOSS OR DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR DOWNLOADING OR USE OF DESKTOP ESCAPE, (B) ANY INJURY, DEATH, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF DESKTOP ESCAPE OR OUR CONTENT.