Last Revised: May 23, 2018
6. Personal Login Information.Certain features and areas of the Sites are available only with registration, login and/or a registration with a Customer or other third party. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. TripBuilder Media is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact TripBuilder Media immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
8. User Obligations.You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with TripBuilder Media’s operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, TripBuilder Media reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites.
In addition you also agree that you will not use our Sites to:
(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material 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; and
(f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
9. Proprietary Rights.The content of the Sites includes, without limitation, (i) TripBuilder Media’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “TripBuilder Media Marks”); (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites, and (iv) TripBuilder Media destination content recommendations and information (the items identified in subsections (i) (ii), (iii) and (iv) shall be collectively referred to herein as “TripBuilder Media Content”). TripBuilder Media Content is the property of TripBuilder Media, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any TripBuilder Media Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if TripBuilder Media is not the owner. Any use of the TripBuilder Media Marks without TripBuilder Media’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the TripBuilder Media Content, including any such notices appearing on any TripBuilder Media Content you are permitted to download, transmit, display, print, or reproduce from the Sites. The Sites may also contain trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification of one of our Customers or another 3rdparty (“Customer Content”). Any use of any Customer Content without the Customer’s express written consent is strictly prohibited.
10. Responsibility for Use of the Internet and Websites and Exclusion of Liability.Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, TripBuilder Media does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. TripBuilder Media shall not be obligated to correct or update the Sites or the TripBuilder Media Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.
11. Third Party Information.The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of TripBuilder Media or its affiliates. TripBuilder Media makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
12. Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement. TripBuilder Media respects the intellectual property of others, and, particularly as to user generated contentA in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. 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 TripBuilder Media the following information via email to email@example.com:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) 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; and
(f) 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.
13. Advertisers.The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. TripBuilder Media shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, TripBuilder Media shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
14. Links to Third Party Websites. The Sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over whom TripBuilder Media exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk.
15. Links to Websites, Content, Sharing of Content.Links posted by third parties to the Sites and/or TripBuilder Media Content may not use the TripBuilder Media trademark or logo and shall not suggest that TripBuilder Media promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. TripBuilder Media reserves the right to require any linking party to disable or remove any link that violates TripBuilder Media’s policies, rights or causes interruption or deterioration of TripBuilder Media Content.
17. Warranties Disclaimed.THE SITES AND TRIPBUILDER MEDIA CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER TRIPBUILDER MEDIA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “TRIPBUILDER MEDIA PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITES OR TRIPBUILDER MEDIA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (iv) TRIPBUILDER MEDIA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
18. Exclusion of and Limitation of Liability. TRIPBUILDER MEDIA SHALL NOT BE LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE SITES AND/OR ANY TRIPBUILDER MEDIA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITES AND/OR TRIPBUILDER MEDIA CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (vii) FROM ANY DELAY OR FAILURE OF THE SITES ARISING OUT OF CAUSES BEYOND TRIPBUILDER MEDIA’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE TRIPBUILDER MEDIA CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITES OR TRIPBUILDER MEDIA CONTENT OR ANY CUSTOMER OR THIRD PARTY CONTENT APPEARING ON THE SITES.
19. Exclusions Permitted by Law.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND TRIPBUILDER MEDIA‘S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the District of Connecticut or any State of court located in Fairfield County, CT.
27. Statute of Limitations.Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
29. Other Sites.TripBuilder Media provides opportunities for user interaction within its Sites and social media profiles on sites such as Facebook, Twitter, LinkedIn, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. TripBuilder Media is not responsible for content or links posted by others.
30. User Generated Content.We welcome your views, comments and other communications, pictures, trackback URLs, or videos on our Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User Content”). By contributing User Content to any of the Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant TripBuilder Media a nonexclusive license to display, reproduce, transmit, modify such User Content and that TripBuilder Media may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact TripBuilder Media at firstname.lastname@example.org.
TripBuilder Media does not approve, endorse, or adopt any User Content, and TripBuilder Media assumes no liability for any User Content submitted by you or others. You agree to indemnify TripBuilder Media against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via the Sites used, published, copied and/or reprinted, should not post on the social media profiles. Please note that other participants may use posted information beyond the control of TripBuilder Media. All User Content is read at your own risk, and TripBuilder Media recommends that you not rely on the information or advice in any of these postings.
Last Revised: May 23, 2018