These terms and conditions (“the Terms and Conditions”) apply to the website under the domain name preposTourist.com (“the Website”), which is owned and controlled by Sibling Thrivelry, LLC, a company registered in New York, USA (“We” or “the Company”), and to any electronic correspondence between you, any person visiting, using or browsing the Website (“You”) and the Website concerning submitting content to the Website via the e-mail address preposTourist@gmail.com.
Please read these Terms and Conditions carefully before submitting content to the Website via e-mail address to preposTourist@gmail.com. Submitting content, including but not limited to any artistic, literary or dramatic works (“Works”), to the Website via either e-mail address indicates that You accept these Terms and Conditions. If You do not accept these Terms and Conditions, do not submit Works to the Website.
These Terms and Conditions apply retroactively to submissions made prior to May 17, 2010. If for any reason You submitted Work(s) to the Website prior to that date and do not wish to accept these Terms and Conditions, you must send an email message to preposTourist@gmail.com, detailing specifically which Work(s) are yours. The Company will use its best efforts to remove such Work(s) from the Website.
1.1 You may only submit Works to the Website via the e-mail addresses preposTourist@gmail.com by expressly acknowledging acceptance of these Terms and Conditions and providing an email address and your full name.
1.2 We may revise these Terms and Conditions at any time by updating this posting. You should check the Website from time to time to review the current Terms and Conditions, because they are binding on You. Certain provisions of these Terms and Conditions may be superseded by expressly designated Terms and Conditions or terms located on particular pages at this Website.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website submitted via the e-mail address preposTourist@gmail.com (including without limitation photographs and graphical images) are owned by the Company or its licensors.
2.2 Any rights not expressly granted in these terms are reserved.
2.3 You represent and warrant that You are the owner of all right, title, and interest in the Works or that You have the right to grant the license set forth below in paragraph 3.1.
3. VISITOR’S SUBMISSION OF WORKS
3.1 In consideration for the Works appearing on the Website, You grant the Company a perpetual royalty free non-exclusive license to use, reproduce, modify, translate, transmit, distribute and sub-license any Works You supply or communicate to the Website in any medium, now in existence or hereafter developed, for any purposes, including commercial use.
3.2 In consideration for the Works appearing on the Website, You hereby give permission to the Company to use Your name and photographic likeness and your child’s/childrens’ name(s) and photographic likeness(es) in all forms and media for advertising, trade, and any other lawful purposes. If the subject of the Work is under eighteen (18) years of age, then You warrant that you are the parent/legal guardian of such individual, You have read this release and approve of its terms.
3.3 You are prohibited from posting or transmitting to or from the Website via the e-mail address preposTourist@gmail.com any Works for which You have not obtained all necessary licenses and/or approvals.
3.4 The Company respects the intellectual property rights of others, and We ask our users do the same.
3.5 If You believe your Work has been copied and is accessible on the Website, or that it contains links or references to another online location that contains Works that infringes your copyright, please contact the Company at preposTourist@gmail.com.
4. WARRANTY AND INDEMNIFICATION
4.1 You agree to indemnify the Company, and its affiliates, officers, directors, employees, shareholders, agents and its designees and licensees and to hold them harmless from any and all claims and liabilities (including reasonable legal fees) that may arise from your submissions of Works to the Website via the e-mail address preposTourist@gmail.com, from your breach of these Terms and Conditions, or from any such acts arising from your use of the Website.
4.2 You agree that You will not, through use of the Website, violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libelous or otherwise unlawful material. You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, employees, shareholders, agents and its designees, licensors and licensees from and against any and all liability, claims and costs, including, without limitation, reasonable attorneys fees, incurred by any of them in connection with any claim arising out of any breach or alleged breach by you of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
4.3 You agree to indemnify the Company, and its affiliates, officers, directors, employees, shareholders, agents and its designees, licensors and licensees and any other party (whether or not involved in creating, producing, maintaining or delivering the Website), from all liability and responsibility for any amount or kind of loss or damage that may result to You or to a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with submitting Works to the Website via the e-mail address preposTourist@gmail.com or by the Company reproducing the Works in any form.
5.1 Nothing in these Terms and Conditions shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
5.2 The Company does not represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Website by any person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at your sole risk.
5.3 If the submission of Works to this Website results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof.
6.1 Disclosure of Personal Information: We do not transmit personal information about You to other parties except as required by law or in connection with any investigation into illegal activity.
6.2 Links to Other Sites: The Website contains links to other sites which may contain information of interest to you. We cannot control the privacy policies of those linked sites, and You should review those sites before using them.
6.3 Removing Your Information: You may remove your contact information from the Company’s database at any time. To do so, You must send an email message requesting such removal to preposTourist@gmail.com. However, We reserve the right to retain certain information to resolve disputes and other legitimate circumstances.
6.4 Contacting Us: If You have any questions about any of the Website’s policies or terms, please send such to the email address preposTourist@gmail.com.
7. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America, where the issue is a federal question, and the laws of the State of New York where the issue is a state question.
8. EFFECTIVE DATE
This Agreement is effective on the date You agree to these terms and conditions and successfully submit the Works via the e-mail address preposTourist@gmail.com.