Terms of Service
Last Modified: October 28, 2013
Please read this Agreement carefully before accessing the Website. By accessing the Website, you acknowledge and agree that you are not a minor in your state of residence, and agree to be bound by the terms and conditions set forth in this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to use this Website.
Operator reserves the right to modify this Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to this Agreement have been made by listing a new date under “Last Modified” appearing above.
1.1 Submissions; Monitoring. The Website provides original commentary – travel guide reviews & interviews, travel tips & advice, and travel & lifestyle stories. We believe that the Website facilitates communication, self-expression, freedom of speech, and encourages the healthy exchange of information and viewpoints. We respect your ownership of and responsibility for the content you share. You acknowledge and agree that we have the right to monitor and to alter, edit, refuse to post or remove any Submission that you submit to the Website, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Submission.
1.2 Accurate Information. In order to make use of certain functionality on the Website, you will need to provide us with certain of your personally identifiable information (“PII”), such as your name and email address. You agree to provide us with accurate, complete and current information at all times. You agree not to allow any third party to access the Website on your behalf. You agree to be responsible for allowing any other person or entity to access the Website on your behalf. You agree to notify Operator immediately if you learn of any unauthorized use of the Website. You agree that Operator has the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.
1.3 Restrictions. By having your Submission posted to the Website, you warrant and represent that (i) you own the proprietary rights to such Submission, and (ii) such Submission does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such Submission is and will not be defamatory or libelous.
1.4 Grant of License to Submissions. By having your Submission posted to the Website, you automatically grant, and represent and warrant that you have the right to grant, to Operator, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. No Submissions shall impose any obligation on Operator, whether of attribution or otherwise, and Operator shall not be liable for any use or disclosure of any such Submissions.
2. Intellectual Property
2.1 Copyright. All content (including without limitation any pictures, logos, images and text) appearing on the Website is the property of Operator or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and/or other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
2.3 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or 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; 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 written 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; 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 are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Operator actual knowledge of facts or circumstances from which infringing material or acts are evident. Operator’s copyright agent for notice of claims of copyright infringement can be reached as follows: firstname.lastname@example.org We suggest that you consult your legal advisor before filing a notice with Operator’s copyright agent. You should note that there can be penalties for false claims under the DMCA.
3.1 Operator and/or third parties may provide links to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Operator 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 content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
4. Disclaimer of Warranties
4.1 The materials on the Website are provided “as is”. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Exploress Media, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the service or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
4.2 Exploress Media, LLC received a commission through some links on theexploress.com. We reserve the right to link to and feature items that align with Exploress Media, LLC. These affiliate programs do not influence any information on this site.
4.3 You understand further that the pure nature of the internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Your access to such materials is at your own risk. Exploress Media, LLC has no control or affiliation whatsoever for such materials.
5. Limitations of Liability
5.1 In no event will the Operator be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for less of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if, Operator or its authorized representatives have been advices of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Exploress Media, LLC liability is limited to the greatest extent permitted by law.
5.2 Exploress Media, LLC makes no representations whatsoever about any other web site which you may access through this one or which may link to our Website. When you access a non-The Exploress web site, please understand that it is independent from The Exploress, and that Operator has no control over the content on that web site. In addition, a link to a the Website does not mean that we endorses or accepts any responsibility for the content, or the use, of such web site.
6.1 You agree to indemnify, defend and hold Operator harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that under no circumstances will Operator be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold Operator harmless for (i) any errors or omissions in any Submission posted by you, or (ii) any loss or damage of any kind incurred as a result of the use of any Submission posted by you.
7. Commercial Use
7.1 You acknowledge and agree that the Website is for your personal use only and may not be used by you directly or indirectly in connection with any commercial endeavors.
If you have any questions or concerns regarding the Website, please contact us by e-mail at email@example.com