Please read these Terms of Service
fully and carefully before using http://www.travelermarch.com (the “Site”) and the services, features, content or applications offered by travelermarch Unlimited, Inc. (“we” or “travelermarch”) (collectively with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
fully and carefully before using http://www.travelermarch.com (the “Site”) and the services, features, content or applications offered by travelermarch Unlimited, Inc. (“we” or “travelermarch”) (collectively with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
1. Acceptance of Terms.
a. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by Fathom, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
a. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by Fathom, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
b. Certain of the Services may be subject to additional terms and
conditions specified by travelermarch from time to time; your use of
such Services is subject to those additional terms and conditions, which
are incorporated into these Terms of Service by this reference.
c. These Terms of Service apply to all users of the Services,
including, without limitation, users who are contributors of content,
information, and other materials or services, registered or otherwise.
2. Eligibility. You represent and warrant that you are at least 13
years of age. If you are under age 13, you may not, under any
circumstances or for any reason, use the Services. travelermarch may, in
its sole discretion, refuse to offer the Services to any person or
entity and change its eligibility criteria at any time. You are solely
responsible for ensuring that these Terms of Service are in compliance
with all laws, rules and regulations applicable to you and the right to
access the Services is revoked where these Terms of Service or use of
the Services is prohibited or to the extent offering, sale or provision
of the Services conflicts with any applicable law, rule or regulation.
Further, the Services are offered only for your use, and not for the use
or benefit of any third party.
3. Registration. To get the most benefit from the Services, you may
be required to register for an account on Fathom. You must provide
accurate and complete information and keep your account information
updated. You shall not: (i) select or use as a username a name of
another person with the intent to impersonate that person; (ii) use as a
username a name subject to any rights of a person other than you
without appropriate authorization; or (iii) use as a username a name
that is otherwise offensive, vulgar or obscene. You are solely
responsible for the activity that occurs on your account, and for
keeping your account password secure. You may never use another person’s
user account or registration information for travelermarch without
permission. You must notify us immediately of any breach of security or
unauthorized use of your account. You should never publish, distribute
or post login information for your account.
4. Content.
a. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
a. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
b. User Content. All Content added, created, uploaded, submitted,
distributed, or posted to the Services by users (collectively “User
Content”), whether publicly posted or privately transmitted, is the sole
responsibility of the person who originated such Content. You
acknowledge that all Content, including User Content, accessed by you
using the Services is at your own risk and you will be solely
responsible for any damage or loss to you or any other party resulting
therefrom. When you delete your User Content, it will be removed from
the Services. However, you understand that any removed User Content may
persist in backup copies for a reasonable period of time (but will not
following removal be shared with others).
c. Notices and Restrictions. The Services contain Content
specifically provided by Fathom, its partners or its users and such
Content is protected by copyrights, trademarks, service marks, patents,
trade secrets or other proprietary rights and laws. You shall abide by
and maintain all copyright notices, information, and restrictions
contained in any Content accessed through the Services.
d. Use License. Subject to these Terms of Service, travelermarch
grants each user of the Services a worldwide, non-exclusive,
non-sublicensable and non-transferable license to use Content solely for
personal, non-commercial use. Use, reproduction, modification,
distribution or storage of any Content for other than personal,
non-commercial use is expressly prohibited without prior written
permission from Fathom, or from the copyright holder identified in such
Content’s copyright notice. You shall not sell, license, rent, or
otherwise use or exploit any Content for commercial use or in any way
that violates any third party right.
e. License Grant. By submitting User Content through the Services,
you hereby do and shall grant travelermarch a worldwide, non-exclusive,
royalty-free, fully paid, sublicensable and transferable license to use,
edit, modify, reproduce, distribute, prepare derivative works of,
display, perform, and otherwise fully exploit the User Content in
connection with the Site, the Services and Fathom’s (and its successors
and assigns’) business, including without limitation for promoting and
redistributing part or all of the Site (and derivative works thereof) or
the Services in any media formats and through any media channels
(including, without limitation, third party websites and feeds). You
also hereby do and shall grant each user of the Site and/or the Services
a non-exclusive license to access your User Content through the Site
and/or the Services, and to use, edit, modify, reproduce, distribute,
prepare derivative works of, display and perform such User Content. For
clarity, the foregoing license grants to travelermarch and its users
does not affect your other ownership or license rights in your User
Content, including the right to grant additional licenses to the
material in your User Content, unless otherwise agreed in writing. You
represent and warrant that that you have all rights to grant such
license to us without infringement or violation of any third party
rights, including without limitation, any privacy rights, publicity
rights, copyrights, contract rights, or any other intellectual property
or proprietary rights.
f. Availability of Content. travelermarch does not guarantee that any
Content will be made available on the Site or through the Services.
Further, travelermarch has no obligation to monitor the Site or the
Services. However, travelermarch reserves the right to (i) remove, edit
or modify any Content in its sole discretion, at any time, without
notice to you and for any reason (including, but not limited to, upon
receipt of claims or allegations from third parties or authorities
relating to such Content or if travelermarch is concerned that you may
have violated these Terms of Service), or for no reason at all and (ii)
to remove or block any Content from the Services.
5. Rules of Conduct.
a. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
a. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
b. You shall not (and shall not permit any third party to) either (a)
take any action or (b) upload, download, post, submit or otherwise
distribute or facilitate distribution of any Content on or through the
Service, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of
publicity or other right of any other person or entity or violates any
law or contractual duty (Fathom’s DMCA Copyright Policy can be found
here [http://www.travelermarch.com/terms/copyright]);
ii. you know is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by travelermarch in its sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of travelermarch or any third party;
vi. impersonates any person or entity, including any employee or representative of Fathom; or
vii. includes anyone’s identification documents or sensitive financial information.
ii. you know is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by travelermarch in its sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of travelermarch or any third party;
vi. impersonates any person or entity, including any employee or representative of Fathom; or
vii. includes anyone’s identification documents or sensitive financial information.
c.You shall not: (i) take any action that imposes or may impose (as
determined by travelermarch in its sole discretion) an unreasonable or
disproportionately large load on Fathom’s (or its third party
providers’) infrastructure; (ii) interfere or attempt to interfere with
the proper working of the Services or any activities conducted on the
Services; (iii) bypass, circumvent or attempt to bypass or circumvent
any measures travelermarch may use to prevent or restrict access to the
Services (or other accounts, computer systems or networks connected to
the Services); (iv) run any form of auto-responder or “spam” on the
Services; (v) use manual or automated software, devices, or other
processes to “crawl” or “spider” any page of the Site; (vi) harvest or
scrape any Content from the Services; or (vii) otherwise take any action
in violation of Fathom’s guidelines and policies.
d.You shall not (directly or indirectly): (i) decipher, decompile,
disassemble, reverse engineer or otherwise attempt to derive any source
code or underlying ideas or algorithms of any part of the Services
(including without limitation any application), except to the limited
extent applicable laws specifically prohibit such restriction, (ii)
modify, translate, or otherwise create derivative works of any part of
the Services, or (iii) copy, rent, lease, distribute, or otherwise
transfer any of the rights that you receive hereunder. You shall abide
by all applicable local, state, national and international laws and
regulations.
e. travelermarch also reserves the right to access, read, preserve,
and disclose any information as it reasonably believes is necessary to
(i) satisfy any applicable law, regulation, legal process or
governmental request, (ii) enforce these Terms of Service, including
investigation of potential violations hereof, (iii) detect, prevent, or
otherwise address fraud, security or technical issues, (iv) respond to
user support requests, or (v) protect the rights, property or safety of
Fathom, its users and the public.
6. Third Party Services. The Services may permit you to link to other
websites, services or resources on the Internet, and other websites,
services or resources may contain links to the Services. When you access
third party resources on the Internet, you do so at your own risk.
These other resources are not under the control of Fathom, and you
acknowledge that travelermarch is not responsible or liable for the
content, functions, accuracy, legality, appropriateness or any other
aspect of such websites or resources. The inclusion of any such link
does not imply endorsement by travelermarch or any association with its
operators. You further acknowledge and agree that travelermarch 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 such content, goods or services available on or
through any such website or resource.
7. Termination. travelermarch may terminate your access to all or any
part of the Services at any time, with or without cause, with or
without notice, effective immediately, which may result in the
forfeiture and destruction of all information associated with your
membership. If you wish to terminate your account, you may do so by
following the instructions on the Site. Any fees paid hereunder are
non-refundable. All provisions of these Terms of Service which by their
nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
8. Warranty Disclaimer.
a. travelermarch has no special relationship with or fiduciary duty to you. You acknowledge that travelermarch has no control over, and no duty to take any action regarding:
i. which users gains access to the Services;
ii. what Content you access via the Services;
iii. what effects the Content may have on you;
iv. how you may interpret or use the Content; or
v. what actions you may take as a result of having been exposed to the Content.
a. travelermarch has no special relationship with or fiduciary duty to you. You acknowledge that travelermarch has no control over, and no duty to take any action regarding:
i. which users gains access to the Services;
ii. what Content you access via the Services;
iii. what effects the Content may have on you;
iv. how you may interpret or use the Content; or
v. what actions you may take as a result of having been exposed to the Content.
b. You release travelermarch from all liability for you having
acquired or not acquired Content through the Services. The Services may
contain, or direct you to websites containing, information that some
people may find offensive or inappropriate. travelermarch makes no
representations concerning any Content contained in or accessed through
the Services, and it will not be responsible or liable for the accuracy,
copyright compliance, legality or decency of material contained in or
accessed through the Services.
c. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH
ARE EXPRESSLY DISCLAIMED. FATHOM, AND ITS DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE
SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR
SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL
MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN
RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE
FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
d. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711):
travelermarch MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY
COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE
LINKED TO THE SERVICES. travelermarch will not be liable for the privacy
of e-mail addresses, registration and identification information, disk
space, communications, confidential or trade-secret information, or any
other Content stored on Fathom’s equipment, transmitted over networks
accessed by the Services, or otherwise connected with your use of the
Services.
9. Indemnification. You shall defend, indemnify, and hold harmless
Fathom, its affiliates and each of their respective employees,
contractors, directors, suppliers and representatives from all
liabilities, claims, and expenses, including reasonable attorneys’ fees,
that arise from or relate to your use or misuse of, or access to, the
Site, Services, Content, or otherwise from your User Content, violation
of these Terms of Service, or infringement by you, or any third party
using your account or identity in the Services, of any intellectual
property or other right of any person or entity. travelermarch reserves
the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will
assist and cooperate with travelermarch in asserting any available
defenses.
10. Limitation of Liability. IN NO EVENT SHALL FATHOM, NOR ITS
DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS,
BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY
OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY
LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER
ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
(REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT
DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE-HUNDRED U.S. DOLLARS
($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
11. Governing Law and Jurisdiction. These Terms of Service shall be
governed by and construed in accordance with the laws of the State of
New York, including its conflicts of law rules, and the United States of
America. You agree that any dispute arising from or relating to the
subject matter of these Terms of Service shall be governed by the
exclusive jurisdiction and venue of the state and Federal courts of New
York County, New York.
12. Entire Agreement and Severability. These Terms of Service are the
entire agreement between you and travelermarch with respect to the
Services and use of the Site, and supersede all prior or contemporaneous
communications and proposals (whether oral, written or electronic)
between you and travelermarch with respect to the Site. If any provision
of these Terms of Service is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary
so that these Terms of Service will otherwise remain in full force and
effect and enforceable. The failure of either party to exercise in any
respect any right provided for herein shall not be deemed a waiver of
any further rights hereunder.
13. Modification. travelermarch reserves the right, at its sole
discretion, to modify or replace any of these Terms of Service, or
change, suspend, or discontinue the Services (including without
limitation, the availability of any feature, database, or content) at
any time by posting a notice on the Site or by sending you notice
through the Services or via e-mail. travelermarch may also impose limits
on certain features and services or restrict your access to parts or
all of the Services without notice or liability. While travelermarch
will provide notice of modifications, it is your responsibility to check
these Terms of Service periodically for changes. Your continued use of
the Services following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.
14. Miscellaneous.
a. Force Majeure. travelermarch shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Fathom’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
a. Force Majeure. travelermarch shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Fathom’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
b. Assignment. These Terms of Service are personal to you, and are
not assignable, transferable or sublicensable by you except with
Fathom’s prior written consent. travelermarch may assign, transfer or
delegate any of its rights and obligations hereunder without consent.
c. Agency. No agency, partnership, joint venture, or employment
relationship is created as a result of these Terms of Service and
neither party has any authority of any kind to bind the other in any
respect.
d. Notices. Unless otherwise specified in these Term of Service, all
notices under these Terms of Service will be in writing and will be
deemed to have been duly given when received, if personally delivered or
sent by certified or registered mail, return receipt requested; when
receipt is electronically confirmed, if transmitted by facsimile or
e-mail; or the day after it is sent, if sent for next day delivery by
recognized overnight delivery service.
e. No Waiver. The failure of travelermarch to enforce any part of
these Terms of Service shall not constitute a waiver of its right to
later enforce that or any other part of these Terms of Service. Waiver
of compliance in any particular instance, does not mean that we will do
so in the future. In order for any waiver of compliance with these
Terms of Service to be binding, travelermarch must provide you with
written notice of such waiver, provided by one of its authorized
representatives.
f. Headings. The section and paragraph headings in these Terms of
Service are for convenience only and shall not affect their
interpretation.
Contact. You may contact travelermarch at the following address: 251 West 19th Street, New York, New York 10011
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