| Terms of Use |
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Acceptance of Terms Through Use:
By using KidsTravelwithJosh.com's ("Our Site"), you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use"). We may change the Terms of Use at any time by posting revisions to Our Site, and your continued use of Our Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit Our Site immediately. Any references to "you" or "your" in the Terms of Use include any child using Our Site with your consent.
Permitted Use:
You agree that you are only authorized to visit, view and to retain a copy of pages of Our Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on Our Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to Our Site for any purpose, unless specifically authorized by us to do so. The content on Our Site is the property of Our Site and is protected by U.S. and international copyright laws.
Limited License:
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access Our Site pursuant to the requirements and restrictions of these Terms of Use. Our Site may change, suspend, or discontinue any aspect of Our Site at any time. Our Site may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of Our Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access Our Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit Our Site, or any of its contents (including software) in whole or in part.
Violation of the Terms of Use:
You understand and agree that in Our Site's sole discretion, and without prior notice, Our Site may terminate your access to Our Site, or exercise any other remedy available and remove any unauthorized user information, if Our Site believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Our Site, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Our Site for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Our Site may release user information about you if required by law or subpoena.
Copyright Policy:
We may terminate the privileges of any user who uses Our Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to Our Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.
Representations By You:
By visiting Our Site, you represent, warrant and covenant that all materials of any kind submitted by you through Our Site or for inclusion on Our Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
Accounts:
During the registration process you will be asked to select a unique password for access to certain portions of Our Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into Our Site, you represent and warrant that: (i) you are the user who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of Our Site or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify Nancy@kidstravelwithJosh.com of any potential unauthorized use(s) of your account, or breach of security. You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Our Site in its sole discretion deems offensive.
License Granted by You:
By providing content or information to us, including by submitting or uploading travel journal entries or other content or materials for use on Our Site, you represent and warrant that you have, or the owner of all rights to such content or materials has, expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
Advertising:
Our Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on Our Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.
No Commercial Use:
Our Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Our Site's prior written consent to make commercial offers of any kind on Our Site, whether by advertising, solicitations, links, or any other form of communication. Our Site will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from Our Site and barring such violators from use of Our Site.
Links and Search Results:
Our Site may contain links to sites operated by third parties throughout the World Wide Web. Our Site has no control over these sites or the content within them. Our Site does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. Our Site does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using Our Site to search for or link to another site, you agree and understand that you may not make any claim against Our Site for any damages or losses, whatsoever, resulting from your use of Our Site to obtain search results or to link to another site. If you have a problem with a link from Our Site, you may notify us at Nancy@kidstravelwithJosh.com.
Intellectual Property:
You acknowledge that all content and materials available on Our Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Our Site or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use Our Site or its contents as expressly permitted in this Terms of Use and for no other purpose. Our Site, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of Our Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on Our Site. Systematic retrieval of data or other content from Our Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on Our Site are trademarks or service marks or used under license by Our Site. The use or misuse of any of these materials is strictly prohibited.
DMCA Policy:
If you are notifying Our Site of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512:
| 1. | A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works; |
| 2. | A description of the allegedly infringing material and information sufficient to permit us to locate the material; |
| 3. | Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address; |
| 4. | A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and |
| 5. | A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed. |
Designated Agent for Notification of Claimed Copyright Infringement
NAME:
ADDRESS:
EMAIL:
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DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR SITE (THE “WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER OUR SITE, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF OUR SITE IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON OUR SITE.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL OUR SITE, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SITE OR FROM INFORMATION PROVIDED ON OUR SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification:
You agree to defend, indemnify, and hold Our Site and its employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorneys’ fees, that arise from your use or misuse of Our Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
International Use:
By choosing to access Our Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Our Site makes no representation that materials on Our Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from Our Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.
Choice of Law:
These Terms of Use shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the Commonwealth of Massachusetts, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of Our Site shall be filed only in the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Integration and Severability:
These Terms of Use constitutes the entire agreement between Our Site and you with respect to Our Site and supersedes all prior or contemporaneous communications and proposals between us with respect to Our Site. If any provision of these Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Headings:
Section titles in the Terms of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.
© Copyright 2006 kidstravelwithJosh.com. All Rights Reserved.
