This Agreement describes your responsibilities and limits our liability, among other things. Please read it carefully before submitting a registration form or using Traveller's Tales.
1. Scope of Agreement.
1.1 Definition of the "Site". The "Site" means Traveller's Tales's Web site(s), which may include information, documents, images, chat rooms, online e-commerce, information services, and which is made available to subscribers by Traveller's Tales (at its discretion) at URLs with the addresses www.traveller.org & www.globalphoto.org.
1.2 Entire Agreement; Modification. This Agreement constitutes the entire agreement between Subscriber and Traveller's Tales with respect to Traveller's Tales, and supersedes all prior agreements or previous discussions (written or oral) between Subscriber and Traveller's Tales. This Agreement may be modified only by a signed agreement, or as follows. Traveller's Tales may modify this Agreement by, 10 days before the new terms and conditions are to become effective, either (a) posting the new terms and conditions in the same location as the previous terms and conditions were posted, and (b) informing Subscriber of the modification via a general notice. If Subscriber continues to use Traveller's Tales, then Subscriber will be considered to have accepted the modifications.
1.3 Additional Terms for Additional Services. Certain services in addition to those described in this Agreement may be available as part of, or through Traveller's Tales. These services include services provided by Traveller's Tales and by third parties, and may be subject to terms and conditions in addition to those in this Agreement, which terms and conditions are available on registering for or subscribing to the service. Such terms and conditions are in addition to the terms and conditions of this Agreement, unless explicitly stated otherwise.
2. Subscriber Information.
3. Use of Site.
3.1 Permitted Uses. Subscriber may use the Site in accordance with this Agreement, including Traveller's Tales's "Acceptable Use Policy", which is available at the end of this Agreement. With respect to information available on Traveller's Tales, Subscriber may (i) view that information, and (ii) print that information for use in accordance with this Agreement, so long as those copies are distributed with all copyright, trademark and other proprietary rights notices are included on those copies. Except as specifically permitted above, Subscriber shall not (i) reproduce or distribute or any information available through the Site, electronically or otherwise or (ii) store or aggregate that information. Subscriber shall not share, rent or sublicense any of its rights under this Agreement to any other party.
3.2 Reliability of Information on and Links from the Site. INFORMATION AVAILABLE ON OR THROUGH THE SITE IS ROUTINELY UPDATED, AND TRAVELLER'S TALES USES REASONABLE EFFORTS TO ENSURE THAT SUCH INFORMATION IS RELIABLE. HOWEVER, SUBSCRIBER UNDERSTANDS AND ACKNOWLEDGES THAT TRAVELLER'S TALES DOES NOT CONTROL THE POSTING OR CONTENT OF ALL THE INFORMATION, NOR WILL IT VERIFY THE TIMELINESS OR CONTENT OF THAT INFORMATION. TRAVELLER'S TALES IS NOT RESPONSIBLE FOR ANY THIRD PARTY INFORMATION ON TRAVELLER'S TALES, OR ANY THIRD PARTY INFORMATION OR SERVICES AVAILABLE THROUGH A LINK FROM TRAVELLER'S TALES. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT TRAVELLER'S TALES DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS OR DATA ON OR AVAILABLE FROM OTHER WORLD WIDE WEB SITES OR RELATED RESOURCES, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED THROUGH OR IN CONNECTION WITH USE OF OR RELIANCE ON THE CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINK, SITE OR RESOURCE.
The rights specified above to view, download, and print the documents and information available on this Site are not a right to copy the design, layout, or look and feel of the Site apart from the uses permitted herein. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You agree not to use any means to circumvent log in, password, and other protections Traveller's Tales puts in place to restrict access to certain parts of the Site.
3.3 Modification and Availability of the Site. Subscriber understands and acknowledges that Traveller's Tales may periodically update the Site, and that those modifications may create substantial differences in how the Site operates or the features that it offers. Traveller's Tales will use reasonable efforts to determine the source of any outage or unavailability of the Site. However, Subscriber understands that the availability of the Site depends on many factors, including Subscriber's connection to the Internet, the availability of the Internet and the Internet backbone, and equipment that, by its nature, is not fault tolerant.
4. Submitted Information.
4.1 Responsibility for Submitted Information; Warranty. Subscriber is solely responsible for the content of any comments, information, questions, data, feedback, ideas, descriptions of processes, or other information submitted to Traveller's Tales through Traveller's Tales ("Submitted Information"). For any and all Submitted Information, Subscriber shall obtain any and all licenses to, or releases of intellectual or proprietary rights subsisting in that Submitted Information, consistent with the uses of Submitted Information described in this Agreement, before delivery to Traveller's Tales. Further, Subscriber warrants that the Submitted Information will not contain content that is libelous, obscene, excessively violent, scandalous or defamatory, and that the Submitted Information will not contain content that violates the personal, proprietary, or intellectual property rights of any third party.
4.2 Traveller's Tales's Right to Remove or Disable Access. If Traveller's Tales is made aware of Submitted Information that may be (i) libelous, obscene, excessively violent, scandalous, defamatory, or otherwise unacceptable, undesirable, or objectionable, or (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy, then Traveller's Tales has the right, but not the obligation, to remove or disable access to that Submitted Information. For Submitted Information that Subscriber reasonably deems to be in violation of law, Traveller's Tales shall remove such Submitted Information upon Subscriber's written request. Subscriber hereby acknowledges that Traveller's Tales will not be liable to Subscriber for any action Traveller's Tales takes to remove or to disable or restrict access to such Submitted Information.
5. Proprietary Rights.
As between Subscriber and Traveller's Tales, Traveller's Tales shall retain and own all right, title and interest in Traveller's Tales, including all Confidential Information relating thereto, and all worldwide copyright, trademark, service mark, trade secret, trade name, patent and other intellectual property or other rights in and to every component of Traveller's Tales. Except as expressly permitted in this Agreement, Subscriber has no rights to use Traveller's Tales or Traveller's Tales's Confidential Information. All rights not expressly granted herein are reserved to Traveller's Tales.
6. Term and Termination.
6.1 Term and Termination. This Agreement is effective as of the date Subscriber first gains access to the Site, and continues in force and effect until terminated in accordance with this Section. Traveller's Tales may terminate this Agreement effective upon written (or e-mailed) notice to Subscriber if Subscriber materially breaches any of the terms or conditions of this Agreement, which breach is not cured within 10 days after notice from Traveller's Tales. Traveller's Tales reserves the right to suspend access to the Site pending cure of the breach. In addition, either party may terminate this Agreement, for any reason or for no reason, upon 30 days' notice to the other party.
6.2 Effect of Termination. Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, Subscriber shall cease to use to access or to use any information obtained through the Site. Sections 1.2, 2.1, 3, 5, 6.2, 7, 8, 9 and 10 survive expiration or termination of this Agreement.
At Traveller's Tales's option and request, Subscriber shall, at its own expense, indemnify, defend and hold Traveller's Tales harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between Subscriber and any third party, (b) based on or caused by unauthorized access to the Site through Subscriber's account, (c) is based on facts or alleged facts that would constitute a breach of Subscriber's warranties under this Agreement, or (d) arising out of a request for Traveller's Tales to remove or disable access to any Submitted Information on the Site. Subscriber shall not enter into a settlement of the foregoing without Traveller's Tales's prior written consent, and shall not incur expenses and fees in defending the above claims, actions or allegations without prior approval from Traveller's Tales.
8. Warranty Disclaimer.
SUBSCRIBER'S USE OF THE SITE IS ENTIRELY AT SUBSCRIBER'S OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE SITE IS PROVIDED AS IS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRAVELLER'S TALES AND ALL OF ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO TRAVELLER'S TALES, (INCLUDING INFORMATION AVAILABLE THROUGH THE SITE) WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING ANY OF THE FOREGOING, TRAVELLER'S TALES DOES NOT REPRESENT OR WARRANT THAT TRAVELLER'S TALES, OR ANY COMPONENT THEREOF, WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, ERROR-FREE, VIRUS-FREE OR AVAILABLE AT ANY TIME. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY TRAVELLER'S TALES, ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE A WARRANTY; SUBSCRIBER SHALL NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
9. Limitation of Liability.
9.1 No Consequential Damages. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL TRAVELLER'S TALES OR ANY OF ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE, LOST PROFIT, LOSS OF DATA OR ANY OTHER INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES OF ANY KIND HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION THOSE DAMAGES THAT ARISE OUT OF OR ARE RELATED TO (1) FAULTS IN TRAVELLER'S TALES, (2) THE SUSPENSION, TERMINATION OR INABILITY TO USE TRAVELLER'S TALES, OR (3) ANY INACCURACIES OR OMISSIONS IN THE INFORMATION AVAILABLE AS PART OF TRAVELLER'S TALES. THE FOREGOING LIMITATION APPLIES WHETHER OR NOT TRAVELLER'S TALES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Limitation on Amount of Direct Damages. IN ADDITION TO THE LIMITATIONS SET FORTH IN SECTION 9.2 ABOVE, IN NO EVENT WILL TRAVELLER'S TALES'S LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED TEN THOUSAND U.S. DOLLARS.
9.3 Reasonable Allocation of Risk. Subscriber acknowledges that the pricing reflected in this Agreement is based on the above limitations, and that the limitations in this Section 9 represent a reasonable allocation of risk for the parties.
10. Miscellaneous Provisions.
10.1 No Severability or Unintentional Waiver. Traveller's Tales's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
10.2 Force Majeure. Traveller's Tales will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of such party including without limitation outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war or act of God, or any acts of governmental bodies or authorities.
10.3 Governing Law and Jurisdiction. The laws of the State of California (excluding its choice of law rules) will govern interpretation and enforcement of this Agreement. Subscriber hereby consents to personal jurisdiction in the federal and state courts of California for any actions arising out of or related to Subscriber's use of the Site.
10.4 Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Acceptable Use Policy
You agree to not use the Site to:
a. upload, post or otherwise transmit any data or content 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. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Traveller's Tales official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
f. upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
g. upload, post or otherwise transmit 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;
h. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
i. 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;
j. "stalk" or otherwise harass another;
k. collect or store personal data about other users;
l. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
m. engage in commercial activities without enrolling in Traveller's Tales-approved affiliate programs. This includes, but is not limited to, the following activities:
n. offering for sale any products or services;
o. soliciting for advertisers or sponsors;
p. conducting raffles or contests that require any type of entry fee;
q. displaying a sponsorship banner of any kind;
r. displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
Traveller's Tales Newsgroup and Community Standards
1.) Members are not allowed to threaten harass or annoy other Members. Refrain from using all expressions of racism, profanity, bigotry or hatred, including attacks on Members' religion, sexual orientation, age, gender, weight, disabilities or other identifiable characteristics. It is prohibited to solicit passwords from other Members as well as harvest the names and email addresses from other Members without their permission.
2.) Traveller's Tales does not allow any illegal activity. Members are not allowed to use any communication service provided by LeveEdge.com as part of, or to further, any illegal activity or scheme, whether violating civil or criminal laws. This includes, among other things, transmitting, obscene, threatening, defamatory or libelous material. This includes violating the rights of any other person, whether or not a Member, such as the right of privacy, publicity, or copyright or other intellectual property right.
3.) Traveller's Tales does not tolerate behavior that is disruptive to on line communication. This includes but is not limited to, disrupting the normal flow of dialogue by "scrolling", inciting others to violate the Community Standards, participate in illegal activities or otherwise act in a manner that negatively affects other Members' ability to engage in real time exchanges.
4. ) Members are not permitted to "spam" in any way shape or form. This includes uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation.
5.) Members may not post false statements or falsely represent their identities. This includes impersonating any person or entity, including but not limited to Traveller's Tales personnel, forum leaders, famous people, other members, no members, or otherwise misrepresenting your affiliation with a person or entity.
6.) As a Member you agree that you are responsible for evaluating and subsequently bearing all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
7.) Members are encouraged to protect their privacy. Please take caution against providing any personally identifiable information to strangers online, which may be used for illegal or harmful purposes,
8.) As a Member you acknowledge that Traveller's Tales does not pre-screen Content, but that Traveller's Tales and its designees shall have the right (but not obligation) in their sole discretion to refuse or move any content that is available via the community services provided. You understand that by using the communication services provided, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Traveller's Tales be liable for in anyway for any Content, including, but limited to, for any errors or omissions in any Content, or for any loss or damage of an kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the communication services provided.
Traveller's Tales Reserves the right to:
1.) change or reclassify all user created areas.
2.) Terminate the membership of any Member who we suspect, in our sole discretion, has violated any part of the Community Standards, to delete or edit any or all of such Member's posts. Please contact us by e-mail to advise us of any suspected breach of the Community Standards.
3.) Amend or change the Community Standards at any time without notice. As a Member, you agree to periodically review this document to ensure you are doing your part.