TravelingMom is a website located at TravelingMom.com and is owned and operated by TravelingMom, LLC. These Website Terms and Conditions are revised as of July 20, 2021.
We may modify these terms and conditions from time to time. If you do not agree to any modifications, you should terminate your use of our Website and its Service (as defined below). Your continued use of the Website will constitute a binding acceptance by you of these terms and conditions, or any subsequent modifications.
Website and Services
The Website provides you with the ability to communicate with other Members and the Service through commenting facilities, access to TravelingMom blog posts and travel/destination discounts, the ability to enter into Sweepstakes (as defined below), and other services that may be available in the future (collectively referred to as the “Service”). More specifically, our “Service” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and any other materials you may view on, access through, or contribute to the Website. The Service includes all aspects of the Website, including but not limited to all profiles, tools, and services offered via the Website.
The Service may contain content submitted by other people (such as Members of the Website as defined herein) and links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any other person or third-party websites. In addition, we will not and cannot review, monitor, censor, or edit the content of any Member, comment, or any other content posted by anyone on the Website, or any content of any third-party site. By using our Website and the Service, you expressly relieve us from any and all liability arising from your use of the Website and the Service, including any third-party website.
The Website hosts a variation of blog and textual and visual material related to travel and travel destinations (the “Blog”). We attempt to be as accurate as possible when collecting and publishing information for the Blog, however we do not warrant that the information is accurate, up to date, or error free. We also reserve the right, but have no obligation, to monitor any and all existing information within the Blog to ensure its accuracy. Blog posts may contain links to third-party websites that are not owned or operated by TravelingMom. We assume no responsibility for the content, privacy policies, practices, or transactions that may occur on these linked third-party websites.
Additionally, each Blog post hosts commenting facilities which enable Members to leave comments and responses to the Blog post. We reserve the right, but have no obligation, to monitor any and all public and private information uploaded to the commenting facilities.
Notwithstanding our right to monitor public and private information on the Blog or the commenting facilities, we are not responsible for any damages or activity that may arise out of use of the information displayed in the Blog or its commenting facilities.
The Website may include Blog posts and/or links in conjunction with TravelingMom and a third-party partnership (“Affiliate Sales”), that direct you to a third-party website to purchase products, including but not limited to Disney World tickets, travel products, and destination products. We assume no responsibility for the content, privacy policies, practices, or transactions that may occur on these linked third-party websites, and you are responsible for adhering to the associated terms and conditions.
The Website grants Members the ability to book destination tours (the “Tour”) which may include but are not limited to private guides and touring vans, accommodations, meals, and flight booking assistance. TravelingMom is not responsible for any damages or activity that may arise out of use of this Service. By participating in a Tour, you agree to fully comply with the associated terms and conditions, exclusions, and applicable policies, including but not limited to the Tour’s refund policy, which may change from time to time. If there is inconsistency between the Tour’s terms and conditions, and the Website’s terms and conditions, the Tour’s terms and conditions shall govern.
The Website may host promotions in which Members can enter to win a prize (“Sweepstakes”). No purchase is necessary to enter the Sweepstakes. Your country, state, principality or governing body may allow you to enter a Sweepstakes but may not allow you to receive the prize from winning such Sweepstakes. It is your responsibility to review any specific restrictions before claiming that prize or entering such Sweepstakes. We are not obligated to deliver a prize or allow your entry into a Sweepstakes if such delivery or entry would violate applicable law or regulations. To be eligible to enter a Sweepstakes or be awarded the Prize you must fully comply with the Official Sweepstakes Rules for the corresponding Sweepstakes. Every Sweepstakes has specific terms and conditions (the “Official Sweepstakes Rules”) and by participating in a Sweepstakes, Members agree to accept the terms and conditions of the Official Sweepstakes Rules and TravelingMom’s decisions, which are final and binding in all matters relating to the Website, and the Service. If there is inconsistency between the Official Sweepstakes Rules and the terms and conditions, the Official Sweepstakes Rules shall govern. Each Sweepstakes is subject to applicable international, federal, state, and local laws and regulations and is void where prohibited.
To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose for the Service and Blog or any the information contained therein. We will not be liable for any damages of any kind arising from or relating to the use of the Service or Blog, or any of the information contained therein, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. You agree that we are not liable for any damages claimed as a result of the collection, use, or display of any information contained within the Service or Blog.
As set forth above, we are not liable for any use of information contained within the Service or Blog, including but not limited to, the leak or dissemination of any public or private information, or any harm caused by the receipt, delivery, or use of the Service or Blog or any information contained therein.
Service Use Terms
You must be at least 16 years of age to access and use the Service. Any use of the Website or Service is void where prohibited. If you are under age 16, you may not, under any circumstances or for any reason, use the Service. If you are under the age of 18, you may only use this Website in conjunction with, and under the supervision of your parent or legal guardian. We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms and Conditions or use of the Service is prohibited or to the extent provision of the Service conflicts with any applicable law, rule, or regulation. Further, the Service is offered only for your use, and not for the use or benefit of any third party. By accessing and using the Website or the Service, you represent and warrant that you have the right, authority and capacity to accept and abide by all of the Terms and Conditions.
Blog and Affiliate Sales
TravelingMom will, from time to time, publish Blog posts that include links that are in conjunction with paid partnerships, or sponsored posts in which TravelingMom has received sponsorship, including but not limited to compensation, in exchange for publication. Additionally, Blog posts may include destinations or hotels that were provided to TravelingMom at a reduced cost or no cost, as well as reviews for products that were provided to TravelingMom at a reduced cost or no cost. Blog posts that mention products likely will include a link taking you to a site where you can purchase that product. If you do, TravelingMom may receive a small commission at no additional charge to you. We will disclose any time a sponsor has paid for inclusion in the Blog, provided hotel lodging, destinations, products, or when an Affiliate Sales link (as defined above) will provide us with a commission in compliance with the Federal Trade Commission’s applicable guidelines and regulations.
As conditions of entering into any Sweepstakes on the Website, Members expressly (a) represent and warrant that he/she agrees to be bound these terms and conditions, the corresponding Official Sweepstakes Rules and decisions of TravelingMom, which will be binding and final in all matters relating to the Sweepstakes and Service, (b) releases TravelingMom and its partners from all liability, damage, loss, or expense arising out of, in connection with, or participation in any Sweepstakes, or the acceptance, use, or misuse of any prize or the Service, (c) waives all rights to claim damages, (d) and agrees that all claims, disputes, or causes of legal action in connection with the Services, Sweepstakes, or the prize shall be resolved in binding arbitration in the State of Connecticut.
This feature of the Service grants Members the ability to purchase various travel and destination products and/or services. In order to make a purchase you must provide us with all required information. This may include, without limitation, your full name, shipping and billing address, date of birth, or payment information including but not limited to your credit card number, card verification number, and expiration date. Purchases may be executed via a third-party payment service provider, including but not limited to PayPal and Apple Pay, that we may make available for your use. We are not responsible or liable for any activities or conduct of any third-party service providers, and you agree to hold us harmless and expressly release us from any and all liability arising from or in connection with any products that are offered for sale via the Website. We reserve the right to deny any sales due to Website errors. In the event of a denied sale due to a Website error, you will be notified by phone or email and will receive a refund in full.
Payments and Transactions
We may use third party payment platforms, including but not limited to PayPal, and third-party payment processors to process credit card, debit card, and financial transactions for your purchases. You expressly understand and agree that we shall not be liable for any payments and monetary transactions that occur through your use of the Website. You expressly understand and agree that all payments and monetary transactions are handled by third parties. You agree that we shall not be liable for any issues regarding financial and monetary transactions between you and any other party. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Website and/or third parties. We are not liable for loss or damage from errant or invalid transactions processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. You must not process stolen credit cards, or unauthorized credit cards through the Website. All returns and exchanges are subject to the product’s corresponding terms and conditions and/or refund policy.
No Background Checks
We do not conduct criminal background checks on Members at this time. We also do not inquire into the backgrounds of Members to verify any of the statements of its Members. We make no representations or warranties as to the conduct of Members or their compatibility with any future or current Members. We reserve the right to conduct a criminal background check or screening at any time in the future using public database records or other means. We will not be liable for any damages whatsoever, direct or indirect, compensatory, special, general, consequential, and/or incidental, relating to the conduct of you or anyone else in connection with the use of our Service.
Monitoring and Removal of Content
We reserve the right, but have no obligation, to monitor any and all public and private postings, comments, or other content on the Service. We also reserve the right, but have no obligation, to monitor any and all comments that take place through the Service. Notwithstanding our right to monitor content, we are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all Members (including unauthorized members, as well as the possibility of “hackers”).
Due to the volume of content on the Service, we do not and cannot review every comment or other information posted or sent through the Service. We are not responsible for any content of these comments or materials. We reserve the right, but are not obligated, to delete, move, or edit comments or materials, including without limitation advertisements, public or private postings and comments, that we, in our sole discretion, may deem to violate these terms and conditions or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit comments or materials, you shall remain solely responsible for the content of advertisements, public postings, comments, and other materials you may upload to the Service or otherwise provide to Members of the Service.
No Warranty with Respect to Members or Member Content
You are solely responsible for your interactions with other Members
We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other Member of the Service. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by Members or as a result of out-of-date information.
For purposes of these Terms and Conditions, the term “Content” includes, without limitation, information, videos, audio files, data, text, photographs, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. For the purposes of this Agreement, “Content” also includes all Member Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Service by Members (collectively “Member Content”), is the sole responsibility of the person who originated such Member Content. You represent that all Member Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content, including Member Content, accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Service is or will continue to be maintained or accurate.
Notices and Restrictions
The Service may contain Content specifically provided by us, our partners or our Members and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Subject to these Terms and Conditions, we grant each Member of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. Your license to use and access the Service and the Content is automatically revoked if you violate these Terms and Conditions in a manner that violates our intellectual property rights. All rights not explicitly granted to you are reserved by us.
By submitting Member Content through the Service, you hereby do and shall grant us a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable right and license to access, use, adapt, convert, transcode, reproduce, distribute, display, perform, disclose, transmit, store and cache the Member Content solely to the extent necessary to provide the Service or as otherwise permitted by these Terms and Conditions, which license shall terminate upon the deletion or removal of any such Member Content from the Service. For clarity, the foregoing license granted to us does not affect your other ownership or license rights in your Member Content, including the right to grant additional licenses to your Member Content, unless otherwise agreed in writing. We do not claim ownership of Member Content that is transmitted, stored, processed, or linked in your Account or through the Service. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You acknowledge that you have no right to privacy for information you share on the Website or its Service, or any right to privacy to information about you or your property that may be displayed on the Website. You hold us harmless for any information about you or your property displayed on the Website or its Service.
You hereby represent and warrant that (i) your Member Content and the availability thereof through the Service does not and will not infringe or violate the rights of any third party, including without limitation any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information, (ii) you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in any Member Content in order to include their name, voice, performance or likeness in any Member Content and to publish the same on the Service, and (iii) the storage, use or transmission of any Member Content does not violate any law or these Terms and Conditions.
Availability of Content
We do not guarantee that any Content will be made available on the Website or through the Service. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any Content from the Service. You acknowledge that we are not liable for Content or Member Content that may appear on or be deleted from the Website.
General Permissions and Restrictions for Use of the Service
We hereby grant you permission to access and use the Service as set forth in these terms and conditions, provided that: (i) You agree not to distribute in any medium any part of the Service; (ii) You agree not to alter or modify any part of the Service; (iii) You agree not to access the Service through any technology or means other than explicitly authorized means we may designate; (iv) You agree not to use the Service for any of the following commercial uses: (a) the sale of access to the Service; (b) the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or (c) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Service; (v) You agree to comply with all applicable laws, and further agree not to violate any applicable laws through use of the Service; and (vi) You agree not to violate any of the terms and conditions. We reserve the right to discontinue any aspect of the Service or terminate your access to the Service at any time for any reason.
Code of Conduct and Further Restrictions on Use of our Service
In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of the Service: (i) the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law; (ii) content is provided to you AS IS. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without our prior written consent; (iii) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (iv) You understand that when using the Service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any Member Content, that: (a) fails to comply with these Terms and Conditions; (b) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, offensive or is otherwise inappropriate as determined by us in our sole discretion; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (f) impersonates any person or entity, including any of our employees or representatives; or (g) includes anyone’s identification documents or sensitive financial information.
You further shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) harvest or scrape any Content from the Service; (vii) otherwise take any action in violation of our guidelines and policies; (viii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any Applications), except to the limited extent applicable laws specifically prohibit such restriction, (ix) modify, translate, or otherwise create derivative works of any part of the Service, or (x) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, pubic, private, personal, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
Responsibility for Your Content and Conduct
If you choose to share your personal information, photographs, and other Content (including communications) through the Service, you understand that we do not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these terms and conditions. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not endorse any Content submitted to the Service by any Member or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we reserve the right to remove all Content if properly notified that such Content infringes on another’s intellectual property rights without prior notice.
We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Content. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, licenses of Member Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Third Party Services
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Service. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, information, goods or services available on or through any such website or resource.
While this Website may be viewed internationally and may contain references to the Service not available in all countries, you agree that: (i) the Service shall be deemed solely based in Connecticut; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Connecticut. We may in our sole discretion limit, deny or create different levels of access to and use of any Service (or any features within the Service) with respect to different Members.
When you visit the Website, contact us through the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.
Acceptance of Modification of Terms and Conditions
You acknowledge and agree that we may amend any terms and conditions at any time by posting the relevant amended and restated terms and conditions on the Website. By continuing to use the Service or the Website, you agree that the amended terms and conditions will apply to you. No further action will be required by us for your acceptance of the amended terms and conditions.
The Service contains information, which is proprietary to us and/or Members of the Service. We assert full copyright protection in the Service. Any information posted by us or Members of the Service may be protected whether or not it is identified as proprietary to us or to the Member. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
Limited License, Website Access, and Non-Commercial Use
We grant you a nonexclusive, nontransferable, revocable limited right and license to access and make personal use of the Service and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Service. You agree not to download (other than page caching) or modify the Service, or any portion of it.
This license does not include any rights of resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form). You may not use any metatags or any other “hidden text” utilizing our name or trade names, trademarks, or service marks. Any unauthorized use terminates the permission or license granted by us.
We attempt to be as accurate as possible when describing our Service on the Website. However, we do not warrant that service descriptions or other content of this website is accurate, complete, reliable, current, or error-free.
All content included on the Service, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is our property and is protected by United States and international copyright laws. The compilation of all content on this website is our exclusive property and is protected by U.S. and international copyright laws. All software used on this website is our property or licensed to us and is protected by United States and international copyright laws. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Service.
We own of the following registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following:
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin may not be used in connection with any business, product, or service whose source is not ours, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits us, our Service. All other trademarks, service marks, trade names, and logos not owned by us or its affiliates that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin displayed or contained in the Website.
One or more patents apply to the Website and to the features, products, and the Service accessible via the Website. Nothing contained in the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein.
Copyright Complaints and Removal of Information
We respect the intellectual property rights and personal information of others, and we ask our Members to do the same. The following actions may be used to deter suspicious content: (a) Removal of personal information, including but not limited to, names, addresses, property information, and the likeness of an individual; (b) Removal of content upon receipt of intellectual property infringement claim against the same from intellectual property right holders; ad/or (c) Written notification to Members responsible for content subject to intellectual property infringement claim. In appropriate circumstances and in our discretion, we may terminate the rights of any Member to use the Website (or any part thereof) who infringes the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you would like to have your information removed from the Website, or if you are aware of inaccurate information, please provide the following information to the “Information Manager” to the “Courier Address” specified below:
- Your address, telephone number, and email address;
- A description of the information about you or your property that you wish to have removed from the service;
- A statement requesting the removal of your information from the Website;
- A description and URL of where the information is located on the Website.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, and a notice to remove personal information from the Website to our designated agent for notice of claims of copyright infringement on the Website at the following addresses:
244 5th Ave, #2196
New York, NY 10019
Please note that this procedure is exclusively for notifying us that your copyrighted materials have been infringed, or if you wish for information to be removed.
All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders agree to indemnify and hold us harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT
Disclaimer of Warranties and Limitation of Liability
The Website is provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVICE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR USE OF THE SERVICE, IF ANY.
AS SET FORTH ABOVE, WE ARE NOT LIABLE FOR INFORMATION OR ANY MEMBER INTERACTIONS, INCLUDING BUT NOT LIMITED TO, THE LEAK OR DISSEMINATION OF ANY PRIVATE INFORMATION OR CONFIDENTIAL FILES, MEMBER RECORDINGS, ANY CONTENT SHARED THROUGH SCREEN SHARING TECHNOLOGY (OR THROUGH ANY OTHER MEANS), OR ANY HARM CAUSED BY THE RECEIPT, DELIVERY, OR USE OF INFORMATION OR MALICIOUS FILES.
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.
This Service was developed in the United States of America in accordance with and shall be governed by the laws of the State of Connecticut, United States of America. By using the Service, you agree that the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and us.
These terms and conditions and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of Connecticut, without regard to its conflict of law provisions. You agree that any and all controversies, disputes or claims arising out of your use of the Website, the Service, or these terms and conditions shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association. The determination of the arbitrator shall be final and binding (except to the extent there exists grounds for vacation of an award under applicable arbitration statutes). The arbitration shall be presided over by a single impartial independent arbitrator appointed by the AAA. The parties agree that the issue of arbitrability shall also be decided by such arbitrator. Each party shall bear its own costs in any arbitration. The arbitration provision contained herein shall be self-executing and shall remain in full force after expiration or termination of this Agreement. The place of arbitration shall be Fairfield County, Connecticut.
YOU WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY JOINING OUR WEBSITE OR CREATING A FREE PROFILE YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLAIM OR COLLECTIVE ACTION OR CLAIM YOU MAY HAVE AGAINST US, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND US WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY SUCH CLAIM. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU SHALL “OPT OUT” OF SUCH CLASS AT THE FIRST OPPORTUNITY AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOUR BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY SUCH MONETARY RECOVERY.
Severability, Waiver, Assignment, and Merger
If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches. We shall have the right to assign the terms and conditions (including all of our rights, titles, benefits, interests, and obligations and duties in the terms and conditions to any person or entity. You may not assign, in whole or part, the terms and conditions to any person or entity. This constitutes the entire agreement between you and us and governs your use of the Website and the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.
Third Notice as to Modification
We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, Service, and the terms and conditions at any time. You should check these terms and conditions periodically for changes. By using the Website after we post any changes to the terms and conditions, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these terms and conditions, you should not use the Website and the Service.
Linking to the Site
Creating or maintaining any link from another web site to any page on the Sites without our prior written permission is prohibited. Running or displaying the Sites or any information or material displayed on the Sites in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Sites must comply with all applicable laws, rule and regulations.