Connected Traveler Privacy & Terms of Use Agreements


CONNECTEDTRAVELER.COM PRIVACY AND TERMS OF USE AGREEMENTS

1. ACCEPTANCE OF TERMS
Connectedtraveler.com provides a collection of online resources, including classified Ads and online editorial content including video, audio and photographs (referred to hereafter as "the Service") subject to the following Terms of Use.  By using the Service in any way, you are agreeing to comply with the Terms of Use and Privacy and Information Disclosure Agreements. Should you object to any term or condition of the Terms of Use, Privacy and Information Disclosure or any guidelines, or any subsequent modifications thereto or become dissatisfied with Connectedtraveler.com in any way, your only recourse is to immediately discontinue use of Travelmedia and Connectedtraveler.com

2. PRIVACY AND INFORMATION DISCLOSURE
Your use of the Connectedtraveler.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Connectedtraveler.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Connectedtraveler.com, its users or the general public.                 Our policy may be updated by Connectedtraveler.com from time to time. Connectedtraveler.com will provide notice of materially significant changes to this privacy policy by posting notice on this page.

1. Protecting your privacy
~We don't share your information with third parties for marketing purposes.
~ Account information is password-protected. Please safeguard your password. ~ Connectedtraveler.com does not knowingly collect any information from persons under the age of 13. If Connectedtraveler.com learns   that a posting  is by a person under the age of 13, Connectedtraveler.com will remove that post
.~Connectedtraveler.com, or people who post on Connectedtraveler.com, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.

2. Data we collect    

 ~ We will collect your email address, for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing  subscription email services, site registration, etc.
~ We sometimes collect contact information, such as name(s), phone/fax number(s), and address for billing purposes. 
~ Connectedtraveler.com does not store credit card information.
~We may collect personal information if you provide it in feedback or comments, post it on our classifieds or interactive forums, or if you contact us directly. Please do not post any personal information in Connectedtraveler.com's classifieds public areas that you expect to keep private.
~Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, administer the Connectedtraveler.com site, and track general site traffic. We do not,  unless tracking abuse or compelled by legal action, use them to identify individual users.
3. Data we store
 
~All advertising, classified and other public postings are stored in our database, even after "deletion," and may be archived elsewhere.
~ Our web logs and other records are stored indefinitely.
~Registered users can access and update their account information through the account homepage.
~Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.

4.  Postings on Connectedtraveler.com  may be archived and displayed on search engines and other sites not affiliated with Connectedtraveler.com - including archive.org, google.com, and groups.yahoo.com.

5. Circumstances in which Connectedtraveler.com may release information

 ~ Connectedtraveler.com may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.   ~Connectedtraveler.com may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of Connectedtraveler.com, its users or the general public.


3. CONTENT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual of group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity or falsely states or otherwise misrepresents you  affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e)  that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of  Connectedtraveler.com which are not designated for such purposes; or emailed to Connectedtraveler.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
k) 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;
l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.


You agree not to:
n) contact anyone who has asked not to be contacted;
o) "stalk" or otherwise harass anyone;
p) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service
q) repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
r) attempt to gain unauthorized access to Connectedtraveler.com computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Connectedtraveler.com website; or
s) use any form of automated device or computer program that enables the submission of postings on Connectedtraveler.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

4.  NOTIFICATION OF CLAIMS OF INFRINGEMENT
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 notify Connectedtraveler.com's agent for notice of claims of copyright or other intellectual property infringement at:

This email address is being protected from spam bots, you need Javascript enabled to view it
or:
Travelmedia Communications
38 Miller Av. #332
Mill Valley, CA 94941

5. RESPONSIBILITY FOR AND CONTROL OF CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You understand that Connectedtraveler.com does not control, and is not responsible for Content you make available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Connectedtraveler.com site and Content available through
the Service may contain links to other websites, which are completely independent of  Connectedtraveler.com. Connectedtraveler.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Connectedtraveler.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Connectedtraveler.com does not pre-screen or approve Content, but that Connectedtraveler.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Use or for any other reason.

6. THIRD PARTY CONTENT, SITES, AND SERVICES
The Connectedtraveler.com site and Content available through the Service may contain  features and functionalities that may link you or provide you with access to third party content which is completely independent of Connectedtraveler.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  You agree that  Connectedtraveler.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Connectedtraveler.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Connectedtraveler.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."  

 

7. SPAM POLICY & lAWS
You understand and agree that sending unsolicited email advertisements to Connectedtraveler.com email addresses or through Connectedtraveler.com computer systems, is expressly prohibited by these Terms of Use.  Any unauthorized use of Connectedtraveler.com computer systems is a violation of the Terms of Use and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code.  Such violations may subject the sender and his or her agents to civil and criminal penalties for violating the Terms of Use.

8. LIMITATIONS ON SERVICE
You acknowledge that Terms of Use may establish limits concerning use of th  Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Terms of Use has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Terms of Use  reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Terms of Use shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. ACCESS TO THE SERVICE
Connectedtraveler.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Connectedtraveler.com . A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as travel jobs, hotel  and resort accommodations, attractions, and other travel products and services,or which is in the business of providing classified advertising  listing services.

Connectedtraveler.com offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators.  Connectedtraveler.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ' Connectedtraveler.com ' as the source, (d) your use or display does not suggest that Connectedtraveler.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Connectedtraveler.com's systems Connectedtraveler.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Downloading of video and audio clips and podcasts is limited for your individual use and may not be cached on another web site, emailed or redistributed through services such as Google Video, UTube or Yahoo.

Use of the Service beyond the scope of authorized access granted to you by Connectedtraveler.com immediately terminates said permission or license.  In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Connectedtraveler.com.

10. TERMINATION OF SERVICE
You agree that Connectedtraveler.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Connectedtraveler.com believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Connectedtraveler.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

11. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Connectedtraveler.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Connectedtraveler.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.


Although Connectedtraveler.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Connectedtraveler.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Connectedtraveler.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

12. DISCLAIMER OF WARRANTIES
You agree that the use of the Connectedtraveler.com site and the service is entirely at your own risk.  The connectedtraveler.com site and the service are provided on an "as is" or "as available" basis, without warranties of any kind.  All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. Connectedtraveler.com disclaims any warranties for the security, reliability, timeliness, accuracy and performance of the Connectedtraveler.com site and the service. To the fullest extent permitted by law,  Connectedtraveler.com  disclaims any warranties for other services or goods received through or advertised on the Connectedtravler.com site or the service or accessed through any links on the Connectedtraveler.com site. To the fullest extent permitted by law, Connectedtraveler.com disclaims any warranties for viruses or other harmful components in connection with the Connectedtraveler.com site or the service.

13. LIMITATIONS OF LIABILITY
Under no circumstances shall Connectedtraveler.com be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Connectedtraveler.com has been advised of the possibility of such damages) resulting from any aspect of your use of the Connectedtraveler.com site or the service whether damages arise from use or misuse of the Connectedtraveler.com site or the service from inability to use the site or service, or the interruption, suspension, modification, alteration, or termination of the site or service . Such limitation shall also apply with respect to damages incurred by reason of other services or products received throught or advertised in connection with the Connectedtraveler site or the service or any links on the Connectedtraveler.com site, as well as by reason of any information or advice received through or advertised in connection with the Connectedtraveler.com site. These limitations shall apply to the fullest extent permitted by law.

14. INDEMNITY
You agree to indemnify and hold Connectedtraveler.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms of Use to:

This email address is being protected from spam bots, you need Javascript enabled to view it

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Connectedtraveler.com to pursue legal action to enforce the Terms of Use, you will be liable to pay Connectedtraveler.com the following amounts as liquidated damages, which you accept as reasonable estimates of Connectedtraveler.com's damages for the specified breaches of the Terms of Use:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Connectedtraveler.com one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

b. If Connectedtraveler.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Connectedtraveler.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Connectedtraveler.com in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Connectedtraveler.com email addresses or through Connectedtraveler.com computer systems, you agree to pay Connectedtraveler.com twenty five dollars ($100) for each such email.

d. If you post Content in violation of the TERMS OF USE, other than as described above, you agree to pay Connectedtraveler.com one hundred dollars ($100) for each Item of Content posted.  In its sole discretion, Connectedtraveler.com may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the Terms of Use, in addition to any liquidated damages under clause (d), you agree to pay Connectedtraveler.com t one hundred dollars ($100) for each and every Item of Content posted in violation of the Terms of Use.  A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms of Use) agrees to pay Connectedtraveler.com an additional one hundred dollars ($100) for each Item of Conent posted by the Posting Agent on behalf of the principal in violation of the Terms of Use.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content, including photographs and videos (except for your own Content) in violation of the Terms of Use without Connectedtraveler.com 's express written permission, you agree to pay Connectedtraveler.com three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay Connectedtraveler.com 's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Terms of Use, Connectedtraveler.com retains the right to seek the remedy of specific performance of any term contained in the Terms of Use, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Terms of Use, or any combination thereof.

16. GENERAL INFORMATION
The Terms of Use constitute the entire agreement between you and Connectedtraveler.com and govern your use of the Service, superseding any prior agreements between you and Connectedtraveler.com. The Terms of Use and the relationship between you and Connectedtraveler.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Connectedtraveler.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Marin, California. The failure of Connectedtraveler.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.


17. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
 

 
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