Terms and Conditions
Section 1. Use of Material
a. This Site and the SmarterTravelMedia.com Newsletters and other publications (collectively, "Publications") offered by the Site are for your personal and non-commercial use.
c. All contents of this Site and the Publications are: Copyright © 1998-2008 Smarter Travel Media LLC and/or its suppliers. You may not reproduce, copy or redistribute the design, content or layout of the Site or the Publications, individual elements of the Web site design, SmarterTravelMedia.com logos or other logos appearing on this Site, photographs, and graphics, without the express written permission of SmarterTravelMedia.com. SmarterTravelMedia.com and the names of SmarterTravelMedia.com products and/or services referenced herein are trademarks or registered trademarks of SmarterTravelMedia.com. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks or service marks of their respective owners.
If you would like information about obtaining the Company's permission to use any of the Material on your Web site, contact us. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the material.
Section 2. Liability Disclaimer
THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE AND/OR THE PUBLICATIONS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMARTER TRAVEL MEDIA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
SMARTER TRAVEL MEDIA LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON OR OBTAINED THROUGH THIS SITE AND/OR THE PUBLICATIONS FOR ANY PURPOSE, OR THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE AND/OR THE PUBLICATIONS. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SMARTER TRAVEL MEDIA LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SMARTER TRAVEL MEDIA LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE AND/OR THE PUBLICATIONS OR WITH THE DELAY OF OR INABILITY TO USE THIS SITE AND/OR THE PUBLICATIONS, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE AND/OR THE PUBLICATIONS OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE OR THE PUBLICATIONS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SMARTER TRAVEL MEDIA LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Section 3. Links to Other Sites
This Site may contain hyperlinks to Web sites operated by parties other than SmarterTravelMedia.com. Such hyperlinks are provided for your reference only. SmarterTravelMedia.com does not control such Web sites and is not responsible for their contents. SmarterTravelMedia.com's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access third-party Web sites, you do so at your own risk.
Section 4: Copyright Infringement and Copyright Agent
SmarterTravelMedia.com may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Site that infringes on the rights of others. If you believe that your work has been used on the Site in a manner that constitutes copyright infringement, please provide SmarterTravelMedia.com's Copyright Agent with a written notice (email is sufficient) that includes the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or authorized to act upon the copyright owner's behalf
SmarterTravelMedia.com's Copyright Agent for notice of claims of copyright infringement on the Site is Massimo De Nadai, who can be reached as following:
By postal mail: Attn: SmarterTravelMedia.com, 500 Rutherford Avenue, Boston, MA 02129
By phone: 617-886-5555
By fax: 617-886-5501
By email: email@example.com
Section 5: Children Under 13 Years Old
SmarterTravelMedia.com and its affiliated sites do not knowingly collect, maintain or use personal information from our websites about children under age 13. Children under the age of 13 may not participate in any online activites on Smarter Travel Media LLC's web sites. If a child whom we know to be under age 13 sends personal information to us online, we will only use that information to respond directly to that child, notify parents, or seek parental consent.
Section 6: Parental Control Software
Various parental control protections are available to help you ensure that your children and other minors using your computer have not been exposed to harmful material. We suggest that you look at the following Web sites, among others, to learn more about current providers of this protection:
Section 7: Forums
If this Site contains bulletin boards, chat rooms or other message or communication facilities (collectively, "Forums"), you agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Forums only to send and receive messages and material that are legal, proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:
a. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b. Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any defamatory, infringing, obscene, indecent or unlawful material or information.
c. Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
d. Post any files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer.
e. Advertise or offer to sell any goods or services for any commercial purpose, other than in Forums intended for such uses.
f. Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Forums intended for such uses.
g. Download any file Posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
h. Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted.
i. Restrict or inhibit any other user from enjoying the Forums.
SmarterTravelMedia.com does not control the information delivered to the Forums, and SmarterTravelMedia.com has no obligation to monitor the Forums. However, SmarterTravelMedia.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
SmarterTravelMedia.com does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications Posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material Posted in the Forums will be at your own risk.
If notified by a User of communications which allegedly do not confirm to any term of this Agreement, SmarterTravelMedia.com may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. SmarterTravelMedia.com will have no liability or responsibility for performance or non-performance of such activities. SmarterTravelMedia.com reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever, including your violation of these terms. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which SmarterTravelMedia.com has no control.
SmarterTravelMedia.com reserves the right to remove, abridge or redact contact posted to any forum.
By posting communications on or through the Site, you automatically grant SmarterTravelMedia.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of the other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
Section 8. General
b. SmarterTravelMedia.com reserves the right to change the terms, conditions and notices under which this Site is offered. SmarterTravelMedia.com provides information on, accepts advertising from, and provides links to third-party vendors. Offers from these vendors that may be mentioned on the Site or in the Publications are often subject to change at any time, and may have many additional restrictions and limitations. Users of SmarterTravelMedia.com's content agree to confirm all aspects of third-party offers with the offering party, and to hold SmarterTravelMedia.com harmless for any circumstances that may arise from interactions with a third party.
c. This agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A., without regard to the conflicts of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of the Superior Court of Suffolk County, Massachusetts, and the United States District Court of the District Court of Massachusetts, in all disputes arising out of or relating to the use of this Site and/or the Publications. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
d. You agree that no joint venture, partnership, employment or agency relationship exists between you and SmarterTravelMedia.com as a result of this agreement or use of this Site or the Publications.
e. SmarterTravelMedia.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SmarterTravelMedia.com's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by SmarterTravelMedia.com with respect to such use.
f. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
g. This agreement constitutes the entire agreement between the user and SmarterTravelMedia.com with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SmarterTravelMedia.com with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
h. Any rights not expressly granted herein are reserved.