CONNECTEDTRAVELER.COM PRIVACY AND TERMS OF USE AGREEMENTS
1. ACCEPTANCE OF TERMS
Connectedtraveler.com provides a collection of online resources,
including classified Ads and online editorial content including video,
audio and photographs (referred to hereafter as "the
Service") subject to the following Terms of Use. By using the
Service in any way, you are agreeing to comply with the Terms of Use
and Privacy and Information Disclosure Agreements. Should you object to
any term or condition of the Terms of Use, Privacy
and Information Disclosure or any guidelines, or any subsequent
modifications thereto or become dissatisfied with Connectedtraveler.com
in any way, your only recourse is to immediately discontinue use of
Travelmedia and Connectedtraveler.com
2. PRIVACY AND INFORMATION DISCLOSURE
Your use of the
Connectedtraveler.com website or the Service signifies acknowledgement
of and agreement to our Privacy Policy. You further acknowledge and
agree that Connectedtraveler.com may, in its sole discretion, preserve
or disclose your Content, as well as your information, such as email
addresses, IP addresses, timestamps, and other user information, if
required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the Terms of Use; respond to claims
that any
Content violates the rights of third-parties; respond to claims that
contact information (e.g. phone number, street address) of a
third-party has been posted or transmitted without their consent or as
a form of harassment; protect the rights, property, or personal safety
of Connectedtraveler.com, its users or the general
public.
Our policy may be updated by Connectedtraveler.com from time to time.
Connectedtraveler.com will provide notice of materially significant
changes to this privacy policy by posting notice on this page.
1. Protecting your privacy
~We don't share your information with third parties for marketing purposes.
~ Account information is password-protected. Please safeguard your
password. ~ Connectedtraveler.com does not knowingly collect any
information from persons under the age of 13. If Connectedtraveler.com
learns that a posting is by a person under the age of
13, Connectedtraveler.com will remove that post
.~Connectedtraveler.com, or people who post on
Connectedtraveler.com, may provide links to third party websites, which
may have different privacy practices. We are not responsible for, nor
have any control over, the privacy policies of those third party
websites, and encourage all users to read the privacy policies of each
and every website visited.
2. Data we collect
~ We will collect your email address, for purposes
such as sending self-publishing and confirmation emails, authenticating
user accounts, providing subscription email services, site
registration, etc.
~ We sometimes collect contact information, such as
name(s), phone/fax number(s), and address for billing purposes.
~ Connectedtraveler.com does not store credit card information.
~We may collect personal information if you provide it in feedback
or comments, post it on our classifieds or interactive forums, or if
you contact us directly. Please do not post any personal information in
Connectedtraveler.com's classifieds public areas that you expect to
keep private.
~Our web logs collect standard web log entries for
each page served, including your IP address, page URL, and timestamp.
Web logs help us to diagnose problems with our server, administer the
Connectedtraveler.com site, and track general site traffic. We do
not, unless tracking abuse or compelled by legal action, use them
to identify individual users.
3. Data we store
~All advertising, classified and other public
postings are stored in our database, even after "deletion," and may be
archived elsewhere.
~ Our web logs and other records are stored indefinitely.
~Registered users can access and update their account information through the account homepage.
~Although we make good faith efforts to store the
information in a secure operating environment that is not available to
the public, we cannot guarantee complete security.
4. Postings on Connectedtraveler.com may be archived
and displayed on search engines and other sites not affiliated with
Connectedtraveler.com - including archive.org, google.com, and
groups.yahoo.com.
5. Circumstances in which Connectedtraveler.com may release information
~ Connectedtraveler.com may disclose information
about its users if required to do so by law or in the good faith belief
that such disclosure is reasonably necessary to respond to subpoenas,
court orders, or other legal process.
~Connectedtraveler.com may also disclose
information about its users to law enforcement officers or others, in
the good faith belief that such disclosure is reasonably necessary to:
enforce our Terms of Use; respond to claims that any posting or other
content violates the rights of third-parties; or protect the rights,
property, or personal safety of Connectedtraveler.com, its users or the
general public.
3. CONTENT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or is harmful to
minors in any way;
b) that is pornographic or depicts a human being engaged in actual
sexual conduct including but not limited to (i) sexual intercourse,
including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex, or (ii)
bestiality, or (iii) masturbation, or (iv) sadistic or masochistic
abuse, or (v) lascivious exhibition of the genitals or pubic area of
any person;
c) that harasses, degrades, intimidates or is hateful toward an individual of
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
d) that impersonates any person or entity or falsely states or otherwise misrepresents you
affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party, or Content that you do not have
a right to
make available under any law or under contractual or fiduciary
relationships;
h) that constitutes or contains "affiliate marketing," "link
referral code," "junk mail," "spam," "chain letters," "pyramid
schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation
if: posted in areas of Connectedtraveler.com which are not
designated for such purposes; or emailed to Connectedtraveler.com users
who have not indicated in writing that it is ok to contact them about
other services, products or commercial interests.
j) that advertises any illegal service or the sale of any items
the sale of which is prohibited or restricted by any applicable law,
including without
limitation items the sale of which is prohibited or regulated by
California law.
k) that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
l) that disrupts the normal flow of dialogue with an excessive
amount of Content (flooding attack) to the Service, or that otherwise
negatively
affects other users' ability to use the Service; or
m) that employs misleading email addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin of
Content
transmitted through the Service.
You agree not to:
n) contact anyone who has asked not to be contacted;
o) "stalk" or otherwise harass anyone;
p) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service
q) repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
r)
attempt to gain unauthorized access to Connectedtraveler.com computer
systems or engage in any activity that disrupts, diminishes the quality
of, interferes
with the performance of, or impairs the functionality of, the Service
or the Connectedtraveler.com website; or
s) use any form of automated device or computer program that
enables the submission of postings on Connectedtraveler.com without
each posting being manually entered by the author thereof (an
"automated posting device"), including without limitation, the use of
any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular
intervals.
4. NOTIFICATION OF CLAIMS OF INFRINGEMENT
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 notify Connectedtraveler.com's agent for
notice of claims of
copyright or other intellectual property infringement at:
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or:
Travelmedia Communications
38 Miller Av. #332
Mill Valley, CA 94941
5. RESPONSIBILITY FOR AND CONTROL OF CONTENT
You understand
that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. You understand that
Connectedtraveler.com does not control, and is not responsible for
Content you make available through the Service, and that by using the
Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the
Connectedtraveler.com site and Content available through
the Service may contain links to other websites, which are completely
independent of Connectedtraveler.com. Connectedtraveler.com makes
no representation or warranty as to the accuracy, completeness or
authenticity of the information contained in any such site. Your
linking to any other webites is at your own risk. You agree that you
must evaluate, and bear all risks associated with, the use of any
Content, that you may not rely on said Content, and that under no
circumstances will Connectedtraveler.com be liable in any way for any
Content or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed or otherwise made available via
the Service. You acknowledge that Connectedtraveler.com does not
pre-screen or approve Content, but that Connectedtraveler.com
shall have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the Service,
for violating the letter or spirit of the Terms of Use or for any other
reason.
6. THIRD PARTY CONTENT, SITES, AND SERVICES
The Connectedtraveler.com site and Content available through the
Service may contain
features and functionalities that may link you or provide you with
access to third party content which is completely independent of
Connectedtraveler.com, including web sites, directories, servers,
networks, systems, information and databases, applications, software,
programs, products or services, and the Internet as a whole. Your
interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and
any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such organizations
and/or individuals. You should make whatever investigation you feel
necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties. You agree that
Connectedtraveler.com shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings. If
there is a dispute between participants on this site, or between users
and any third party, you understand and agree that
Connectedtraveler.com is under no obligation to become involved. In the
event that you have a dispute with one or more other users, you hereby
release Connectedtraveler.com, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and / or our service. If you are a California
resident, you waive California Civil Code Section 1542, which says: "A
general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the
release, which, if known by him must have materially affected his
settlement with the debtor."
7. SPAM POLICY & lAWS
You understand and agree that sending unsolicited email advertisements to
Connectedtraveler.com email addresses or through Connectedtraveler.com computer systems, is
expressly prohibited by these Terms of Use. Any unauthorized use
of Connectedtraveler.com computer systems is a violation of the Terms
of Use and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of the
California Business and Professions Code. Such violations may subject the
sender and his or her agents to civil and criminal penalties for violating the Terms of Use.
8. LIMITATIONS ON SERVICE
You acknowledge that Terms of Use may establish limits concerning
use of th
Service, including the maximum number of days that Content will be
retained
by the Service, the maximum number and size of postings, email
messages, or other Content that may be transmitted or stored by the
Service, and the
frequency with which you may access the Service. You agree that Terms
of Use has no responsibility or liability for the deletion or failure
to store any
Content maintained or transmitted by the Service. You acknowledge that
Terms of Use reserves the right at any time to modify or
discontinue the
Service (or any part thereof) with or without notice, and that Terms of
Use shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
9. ACCESS TO THE SERVICE
Connectedtraveler.com grants you a
limited, revocable, nonexclusive license to access the Service for your
own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the
Service nor any use of data mining, robots, spiders, or similar data
gathering and extraction tools for any purpose unless expressly
permitted by Connectedtraveler.com . A limited exception to (b) is
provided to general purpose internet search engines and non-commercial
public archives that use such tools to gather information for the sole
purpose of displaying hyperlinks to the Service. "General purpose
internet search engine" does not include a website or search engine or
other service that specializes in classified listings or in any subset
of classifieds listings such as travel jobs,
hotel and resort accommodations, attractions, and other travel
products and services,or which is in the business of providing
classified advertising listing services.
Connectedtraveler.com offers various parts of the Service in RSS
format so that users can embed individual feeds into a personal website
or blog, or view postings
through third party software news aggregators.
Connectedtraveler.com permits you to display, excerpt from, and link to
the RSS feeds on your personal website
or personal web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly
linked
back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to ' Connectedtraveler.com ' as the source,
(d) your use or display does not suggest that Connectedtraveler.com
promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
Connectedtraveler.com's systems Connectedtraveler.com reserves all
rights in the content of the RSS feeds and may terminate any RSS feed
at any time.
Downloading of video and audio clips and podcasts is limited for your
individual use and may not be cached on another web site, emailed or
redistributed through services such as Google Video, UTube or Yahoo.
Use of the Service beyond the scope of authorized access granted to
you by Connectedtraveler.com immediately terminates said permission or
license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of
the the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must
first obtain a license from Connectedtraveler.com.
10. TERMINATION OF SERVICE
You agree that
Connectedtraveler.com, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email
or IP
address, or otherwise terminate your access to or use of the Service
(or any part thereof), immediately and without notice, and remove and
discard any
Content within the Service, for any reason, including, without
limitation, if Connectedtraveler.com believes that you have acted
inconsistently with the letter or
spirit of the Terms of Use. Further, you agree that
Connectedtraveler.com shall not be liable to you or any third-party for
any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said
termination.
11. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright
laws and international treaties. Content displayed on or through the
Service is
protected by copyright as a collective work and/or compilation,
pursuant to copyright laws, and international conventions. Any
reproduction,
modification, creation of derivative works from or redistribution of
the site or the collective work, and/or copying or reproducing the
sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of Connectedtraveler.com. You further agree not to
reproduce, duplicate or copy Content from the Service without the
express written consent of Connectedtraveler.com, and agree to abide by
any and all copyright notices displayed on the Service. You may not
decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the Service. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any aspect of the Service.
Although Connectedtraveler.com does not claim ownership of content
that its users post, by posting Content to any public area of the
Service, you automatically
grant, and you represent and warrant that you have the right to grant,
to Connectedtraveler.com an irrevocable, perpetual, non-exclusive,
fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and
to prepare derivative works of, or incorporate into other works, said
Content,
and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the
Service, you automatically grant Connectedtraveler.com all rights
necessary to prohibit any subsequent aggregation, display, copying,
duplication, reproduction, or exploitation of the Content on the
Service by any party for any purpose.
12. DISCLAIMER OF WARRANTIES
You agree that the use of the Connectedtraveler.com site and the
service is entirely at your own risk. The connectedtraveler.com
site and the service are provided on an "as is" or "as available"
basis, without warranties of any kind. All express and implied
warranties, including, without limitation, the warranties of
merchantability, fitness for a particular purpose, and non-infringement
of proprietary rights are expressly disclaimed to the fullest extent
permitted by law. Connectedtraveler.com disclaims any warranties for
the security, reliability, timeliness, accuracy and performance of the
Connectedtraveler.com site and the service. To the fullest extent
permitted by law, Connectedtraveler.com disclaims any
warranties for other services or goods received through or advertised
on the Connectedtravler.com site or the service or accessed through any
links on the Connectedtraveler.com site. To the fullest extent
permitted by law, Connectedtraveler.com disclaims any warranties for
viruses or other harmful components in connection with the
Connectedtraveler.com site or the service.
13. LIMITATIONS OF LIABILITY
Under no circumstances shall Connectedtraveler.com be liable for
direct, indirect, incidental, special, consequential or exemplary
damages (even if Connectedtraveler.com has been advised of the
possibility of such damages) resulting from any aspect of your use of
the Connectedtraveler.com site or the service whether damages arise
from use or misuse of the Connectedtraveler.com site or the service
from inability to use the site or service, or the interruption,
suspension, modification, alteration, or termination of the site or
service . Such limitation shall also apply with respect to damages
incurred by reason of other services or products received throught or
advertised in connection with the Connectedtraveler site or the service
or any links on the Connectedtraveler.com site, as well as by reason of
any information or advice received through or advertised in connection
with the Connectedtraveler.com site. These limitations shall apply to
the fullest extent permitted by law.
14. INDEMNITY
You agree to indemnify and hold
Connectedtraveler.com, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third
party
due to or arising out of Content you submit, post or make available
through the Service, your use of the Service, your violation of the
Terms of Use, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms of Use to:
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Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar
breaches.
You understand and agree that, because damages are often difficult
to quantify, if it becomes necessary for Connectedtraveler.com to
pursue legal action to enforce the Terms of Use, you will be liable to
pay Connectedtraveler.com the following amounts as liquidated damages,
which you accept as reasonable estimates of Connectedtraveler.com's
damages for the specified breaches of the Terms of Use:
a. If you post a message that (1) impersonates any person or entity;
(2) falsely states or otherwise misrepresents your affiliation with a
person or
entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay
Connectedtraveler.com one thousand dollars ($1,000) for each such
message. This provision does not apply to messages that are lawful
non-deceptive
parodies of public figures.
b. If Connectedtraveler.com establishes limits on the frequency with
which you may access the Service, or terminates your access to or use
of the Service, you
agree to pay Connectedtraveler.com one hundred dollars ($100) for each
message posted in excess of such limits or for each day on which you
access Connectedtraveler.com in
excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to
Connectedtraveler.com email addresses or through Connectedtraveler.com
computer systems, you agree to pay
Connectedtraveler.com twenty five dollars ($100) for each such email.
d. If you post Content in violation of the TERMS OF USE, other than as
described above, you agree to pay Connectedtraveler.com one hundred
dollars ($100) for each Item of Content posted. In its sole
discretion, Connectedtraveler.com may elect to issue a warning before
assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the
Terms of Use, in addition to any liquidated damages under clause (d),
you agree to
pay Connectedtraveler.com t one hundred dollars ($100) for each and
every Item of Content posted in violation of the Terms of Use. A
Posting Agent will also be deemed an agent of the party engaging the
Posting Agent to access the Service (the "Principal"), and the
Principal (by engaging the Posting Agent in
violation of the Terms of Use) agrees to pay Connectedtraveler.com an
additional one hundred dollars ($100) for each Item of Conent posted by
the Posting Agent on behalf of the principal in violation of the Terms
of Use.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content, including photographs and videos
(except for your own Content) in violation of the Terms of Use without
Connectedtraveler.com 's express written permission, you agree to pay
Connectedtraveler.com three thousand dollars ($3,000) for each day on
which you engage in such conduct.
Otherwise, you agree to pay Connectedtraveler.com 's actual damages, to
the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of the Terms of Use,
Connectedtraveler.com retains the right to seek the remedy of specific
performance of any term contained in the Terms of Use, or a preliminary
or permanent injunction against the breach of any such term or in aid
of the exercise of any power granted in the Terms of Use, or any
combination thereof.
16. GENERAL INFORMATION
The Terms of Use constitute the entire agreement between you and
Connectedtraveler.com and
govern your use of the Service, superseding any prior agreements
between you
and Connectedtraveler.com. The Terms of Use and the relationship
between you and Connectedtraveler.com shall be governed by the laws of
the State of California without regard to its conflict of law
provisions. You and Connectedtraveler.com agree to submit to the
personal and exclusive jurisdiction of the courts located within the
County of Marin, California. The failure of Connectedtraveler.com to
exercise or
enforce any right or provision of the Terms of Use shall not constitute
a waiver of such right or provision. If any provision of the Terms of
Use is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as
reflected in the provision, and the other provisions of the Terms of
Use remain in full force and effect. You agree that regardless of any
statute or law to
the contrary, any claim or cause of action arising out of or related to
use of the Service or the Terms of Use must be filed within one (1)
year after such
claim or cause of action arose or be forever barred.
17. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective
immediately upon the posting thereof. You must review this agreement on
a regular basis to keep yourself apprised of any changes.
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