BudgetTravel.com User Agreement
© 2013 Intellitravel Media, Inc. All Rights Reserved. Last amended on March 9, 2010.
Welcome to BudgetTravel.com (the "Service"), a website provided by Intellitravel Media, Inc. ("Budget Travel," "we," or "us"). Portions of the Service are hosted by other companies with which we have service agreements.
This user agreement (the "Agreement") is a legal contract. By using this Service, you agree to be bound by all of the terms of this Agreement. Please read this Agreement carefully before using this service.
This Agreement applies to all uses of any part of the Service. We may restrict, suspend, or revoke your registration or ability to access or use the Service, or any affiliated site, with or without prior notice, if you violate this Agreement.
We reserve the right to change the terms of this Agreement or to modify any features of this Service at any time, so we encourage you to review the Agreement periodically before using the Service. The most current version of the Agreement can be viewed by clicking on the "User Agreement" link at the bottom of any page in the Service. By registering for this Service and/or continuing to use this Service after the posting of any changes, you agree to be bound by such changes. You are also required to comply with all applicable laws in connection with your access to and use of the Service, and such further limitations as may be set forth in any subsequent notice from Budget Travel. As a condition of your access and use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by the Agreement.
- Cost of Service
The Service is currently free to all users. However, we reserve the right to charge for all or part of this Service in the future. In such event, we will notify you in advance, and give you an opportunity to subscribe to this Service.
From time to time, we may make supplemental products or services available to users of the Service, and these supplemental products or services may require payment of a fee in exchange for their purchase or use. If we make available products or services that require payment, we will notify you of the cost of those services before you incur those costs.
- Registration and Access Controls
Certain features or portions of the Service are restricted to users that have registered with us ("Restricted Areas") and have received a login and password through which they are authorized to access these Restricted Areas.
You agree not to access Restricted Areas except using your own login and password, and you agree not to share your login and password with anyone else. If, despite your agreement not to do so, you share your login and password with another person or if another person accesses the Service using your login and password without your permission, you agree to take full responsibility for the statements and actions of that other person, for any charges incurred by that other person, and for any damages caused by, resulting from, or accruing in connection with that other person's use of the Service. You agree to notify us immediately if you become aware of any unauthorized use of your password or username, or any other breach of security. To do so, please click here and indicate that you are contacting us about an abuse. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.
The Service is intended for the use of adults 18 years or older and children over the age of 13. You agree to provide accurate, current, and complete information about yourself as requested or directed on the Service, and to promptly update this information to maintain its accuracy.
- User Content and Communications
The Service may offer features that allow users to post content on the Service and communicate with others. This content may include text, images, photographs, audio, video, or material in any other form that is stored on, posted on, or transmitted to or through the Service (collectively, "User Submissions"). By posting, uploading, adding, communicating, storing, or otherwise transmitting User Submissions on, to, or through the Service, you understand and agree that you are giving us a royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submissions in whole or in part, on a worldwide basis, and to incorporate them in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.
By using the Service and by making User Submissions, you represent that you have read and agree to abide by our User Submission Guidelines, which forms a part of this Agreement.
Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate this Agreement or our User Submission Guidelines or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.
If you notice that any other user's submissions appear to violate this Agreement or the User Submission Guidelines, or if any other user ever makes you feel harassed or unsafe, please contact us by clicking here and indicating that you are writing us about an abuse.
You understand and agree that User Submissions are neither owned by nor provided by Budget Travel, and that we are in no way responsible for such User Submissions or any related conduct or practices.
- Our Copyright Rights
This Service (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Except as provided in Paragraph 4, all individual articles, content and other elements comprising this Service are also copyrighted works of Budget Travel. All copyright rights in the Service and these works are owned by us or our third-party licensors to the full extent permitted under United States law and all international laws, and are provided for your educational and non-commercial purposes only. You must abide by all additional copyright notices or restrictions contained in this Service.
Except for content you have posted on the Service, or unless expressly permitted by us, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale.
The Service has been specially designed for presentation of content in a unique format and appearance to our users. Without limiting the provisions of the preceding paragraph, neither you nor any third party shall make use of the contents of the Service in any manner—including by hyperlinking—that constitutes an infringement of our rights, including our copyright rights or any use that has not been authorized by us. Among other restrictions, you agree not to republish or link to our content in a setting that includes advertising or other materials that we have not authorized to be displayed with the Service.
- Notice of Copyright Infringement
Just as we require users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on or is accessible on the Service in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information as required by the Digital Millennium Copyright Act, 17 U.S.C Section 512:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Service that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Intellitravel Media, Inc.
469 Seventh Avenue
New York, N.Y. 10018
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
- Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging, and designs of all Budget Travel or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or to their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Service confers on you any license or right under any patent or trademark of Budget Travel or any third party.
- Personal and Information Security
Some portions of the Service include features that make it possible for you to share information about your travel plans or experiences with other users, and to obtain information about other users' travels. You are not required to make any information about yourself public, including information about your travel plans or experiences, in order to use the Service, and by using the Service you agree not to disclose any personal or sensitive information in any public forum. If choose to make this information available to other users privately, you agree to share information only with people that you know, and you assume all risks associated with that disclosure, including the risk of harm to you or to third parties associated with disclosing personal information to third parties. We do not undertake to investigate or confirm the identities or statements of users, and so you should use the same care in disclosing information on the Service as you would in disclosing information about yourself to any person that you do not know.
Although we may try to allow you to restrict access to certain User Submissions or other information that you post on or to the Service, or distribute through the Service, with respect to certain other users, we cannot guarantee that third parties will not have access to information that you provide. Accordingly, you agree not to make User Submissions or make other information available to the Service that you want to protect from being distributed to others.
- Prohibited Conduct
By using the Service, you agree not to:
- delete or revise any material or other information of any other user, Budget Travel, or any third party;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service other than the search engine and search agents available on the Service and other than generally available third-party web browsers;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
- post advertisements or solicitations of business other than those explicitly approved by us;
- promote outside sites or online services or organizations other than through official, approved advertisements;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' abilities to engage in real time exchanges;
- engage in any other conduct that restricts or inhibits any other person from using or enjoying the Service, or which, in our judgment, exposes us or any of our users, customers, or suppliers to any liability or detriment of any type;
- attempt to privately contact or identify users of the Service who are minors, if you are an adult; or
- take any other action that could endanger or cause damage to us, other users of the Service, or other third parties.
- accessing data not intended for you or logging into a server or account that you are not authorized to access;
- attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Service;
- sending unsolicited e-mail, including promotions and/or advertising of products or services, to or through the Service or with reference to us or the Service; or
- forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
We may, as a convenience to users, provide links to third-party content and other web sites on or through the Service. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.
You agree to indemnify and hold harmless Budget Travel, its parent and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from, arising out of, or in connection with, any violation or alleged violation of this Agreement or its components (including but not limited to the User Submission Guidelines), or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- Disclaimer of Warranties
THIS SERVICE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THOUGH LINKS IN THIS SERVICE, INCLUDING, WITHOUT LIMITATION, USER SUBMISSIONS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS SERVICE AND ANY MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
- Limitation of Liability
You acknowledge that your use of the Service is exclusively at your own risk, and you agree that Budget Travel, its parent and affiliates, and their directors, officers, managers, employees, shareholders, agents and licensors will not be liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
- Severability and Integration
Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Budget Travel and governs your use of this Service, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
- No Waiver
Our failure to enforce any provision(s) of the Agreement or respond to a breach by any party shall in no way waive its right to subsequently enforce any terms or conditions of the Agreement or respond to any breaches.
We may terminate this Agreement and/or suspend or terminate your access to the Service for any reason at any time by providing notice to you. If you wish to discontinue your access to the Service and cancel your account, you may make such a request by clicking here. Otherwise applicable sections of the Agreement shall survive any termination of your account or this Agreement.
- Choice of Law and Forum
This Agreement shall be governed by the laws of the United States and the State of New York applicable to agreements made and performed in New York. You agree that any claim or dispute against Budget Travel arising out of or relating to the use of this Service must be resolved by a Court located in New York unless agreed upon by all parties, and you agree to submit to the exclusive personal jurisdiction and venue of such courts.
- No Professional Advice
Any information supplied by any employee or agent of Budget Travel, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance, and does not constitute legal, tax, medical, accounting, or other professional advice. Similarly, we do not allow users to provide legal, tax, medical, accounting, or other professional advice to other users through the Service, and we have not confirmed the credentials of users who purport to be experts or specialists in any particular field. Accordingly, you agree not to treat any information you receive on or through the Service as professional advice or to rely on it as professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Budget Travel as a result of this Agreement or your access to and use of the Service.
A printed version of the 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.
Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
If you have any questions or comments about this Agreement, please click here and indicate that your inquiry concerns our user agreement.
BY CONTINUING TO USE THE SERVICES, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.
User Submission Guidelines
© 2013 Intellitravel Media, Inc. All Rights Reserved. Last amended on March 9, 2010.
BudgetTravel.com, the online version of Arthur Frommer's Budget Travel Magazine (the "Service"), is a website provided by Intellitravel Media, Inc. ("Budget Travel," "we," or "us"). We welcome your participation in our Service, including our online forums and other portions of the Service that allow the submission of user content. These include article and blog comment threads, discussion forums, message boards, and other opportunities that we provide for you to submit, add, transmit, post, or provide written, photographic, audio, video, and other content (collectively, "User Submissions") to the Service.
These User Submission Guidelines are a part of the Service's User Agreement, and by using the Service or providing User Submissions you agree to these rules and the terms of the User Agreement.
In order to keep the Service enjoyable and interesting for all of our users, we ask that you follow the rules outlined below. Failure to follow these rules may result in consequences including (but not limited to) rejection or removal of any User Submission, suspension or revocation of a user's account or ability to provide content to the Service or any affiliated website, or the prosecution of a criminal or civil action, as appropriate.
- You understand and agree that you are fully responsible for the content that you post. You may not post a User Submission that violates any law, or may otherwise be objectionable or inappropriate. In particular, but without limiting the foregoing, you may not submit, add, transmit, post, or provide content to, on, or through the Service that, in our exclusive judgment:
- infringes on the copyright, trademark, patent or other intellectual property right of any third party;
- is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually explicit;
- violates a third party's right to privacy or publicity;
- degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
- contains epithets or other language or material intended to intimidate or to incite violence;
- violates any applicable local, state, national or international law;
- constitutes or purports to include legal, tax, medical, accounting, or other professional advice;
- is designed to or could reasonably injure yourself, us, or any third party; or
- we believe in good faith to be otherwise objectionable or inappropriate.
- You understand and agree that Budget Travel is not responsible for any User Submissions. We may review, remove, reject, or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject, or revise content that violates these rules or our User Agreement, is otherwise objectionable, or for any other reason without prior notice.
- You agree to notify us if you believe that any User Submissions violate these Guidelines or the User Agreement. While we may, from time to time, review User Submissions, we do not undertake to review all such material. If you notice that any User Submissions appear to violate these Guidelines or the User Agreement, or if any other user ever makes you feel harassed or unsafe, please contact us by clicking here and indicating that you are reporting an abuse.
- You understand and agree that User Submissions may not contain any commercial material. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in the content you post, unless such promotion has previously been authorized in writing by Budget Travel.
- You understand that you are not required to disclose personal information, including information about your travel plans or experiences, as a condition of using the Service, and agree not to post personal or sensitive information in public forums. We do not undertake to investigate or confirm the identities or statements of users, and so you should use the same care in disclosing information on the Service as you would in disclosing information about yourself to any person that you do not know. Specifically, you agree not to post personal information or information that could be considered sensitive in a public forum, and to disclose such information privately only if you know the person to whom you are disclosing it. If you choose to make such a private disclosure, you agree to assume all risks associated with that decision. If you ever question whether it is safe to disclose information about yourself of your travel plans, you should not disclose it. Instead, let us know about the situation by using the contact information in Section 3, above.
- You understand and agree that you use and/or rely on any information contained in User Submissions at your own risk. Budget Travel is not in any manner endorsing the content that users post and cannot and will not vouch for its reliability. Budget Travel also prohibits its users from offering (or claiming to offer) professional advice, and any user that claims to be offering such advice is doing so in violation of our User Agreement. Instead of relying on the statements of any such person, you should notify us using the contact information listed in Section 3, above.
- You understand and agree that for any content that you post, you hereby grant to Budget Travel the royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submissions in whole or in part, on a worldwide basis, and to incorporate them in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.