The information available on the Site, including, without limitation, reviews, opinions, directions, guides, graphics, photographs, logos, audio or video clips, and data (collectively "Content") may contain information relating to a hazardous activity. Hillclimb Media does not certify or endorse the Content on the Site, including without limitation, any opinion, recommendation, advice, or any other information contained in the Content.
Hillclimb Media is not responsible for harm to persons or property that results from your use of the Site, including without limitation, use of any content on the Site.
Agreement to Deal Electronically; Electronic Communications and Notices.
All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
Except as otherwise provided in these Terms, we will give you any notices regarding the Site by posting them on the Site. You also authorize Hillclimb Media to send notices (including notice of subpoenas or other legal process, if any) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice when it is posted on the Site, or when sent by us via electronic mail, whether or not received by you. You must keep your address current and any notice sent by us to an email address that you have provided to us will be considered effective notice.
Unauthorized Use of Your Password.
All instructions transmitted by or received from anyone presenting your password on the Site are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Hillclimb Media immediately. You authorize Hillclimb Media to refuse to accept any further orders placed under that password on your behalf—and Hillclimb Media will use commercially reasonable efforts to block such orders.
Changes to the Agreement.
License to Use the Site; Free Trial Period; Subscription and Renewal; Termination or Cancellation.
License: We hereby grant you the limited, revocable, non-transferable, non-sublicenseable license, under the rights Hillclimb Media has in the Content, to view and use the Site solely for the purpose of acquiring information in accordance with the Agreement. As between you and Hillclimb Media, we retain all right, title, and interest in and to the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site and all content contained therein is protected by copyright and intellectual property rights under both United States and foreign laws and all rights not expressly granted are reserved by Hillclimb Media, its affiliates, and its partners. Subject to applicable law, Hillclimb Media reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
The license in this Section 5 does not include permission to copy the design elements, "look and feel" or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in this Agreement, neither Hillclimb Media nor any third party has conferred upon you by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
Free Trial: You may try the membership features of the Site for a free trial period. To begin your free trial period you must provide us with a valid credit card. At the end of the trial period, your subscription will automatically continue and we will charge your credit card on file for the cost of the term. If, during the trial period, you do not wish to subscribe to the Site you may cancel your subscription through the "My Account" link or similar link on the Site.
Subscription and Renewal: By subscribing to the Site, you agree to pay us an annual subscription fee at the then-current subscription rate. Your subscription is valid for the specified period starting from the date of purchase or activation, whichever is later. For your convenience and to ensure that your access to your subscription remains uninterrupted, unless we hear from you, we will automatically renew your subscription(s) at the expiration of the then-current term. If you elected to pay for the subscription with your credit card, we will charge your card on file for the cost of another term at the then-current rate using the information you previously provided us by phone or on our web site. You will not be notified in advance of your impending renewal. Once your free trial period expires or you activate or renew your subscription, you may not cancel your subscription during the remainder of the then-current term and we will not issue you a refund. If you wish to cancel your automatic renewal(s), you may do so by opting out of auto-renewal through the "My Account" link or similar link on the Site.
Termination: We may, at any time and without notice to you, terminate your access to the Site or block your access to the Site if:
- We believe in our sole discretion that you have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of the Site, our users, or any other person;
- Requested by law enforcement or other government agencies; or
- Your account has extended periods of inactivity.
Submission of Comments; Prohibited Content and Conduct.
Any comments or information that you provide to Hillclimb Media, for example, feedback or ideas in response to a customer survey regarding the Site, product or content reviews, suggestions, ideas, concepts, or other information are collectively deemed "Submissions". None of the Submissions will be subject to any obligation of confidence on the part of Hillclimb Media, and Hillclimb Media will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant Hillclimb Media a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, Hillclimb Media will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, Hillclimb Media may sublicense these rights to third parties.
Under no circumstance is Hillclimb Media responsible for any Submission to the Site or for the content of that Submission, nor shall Hillclimb Media be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.
Advertising on Hillclimb Media:
If you are retailing other travel-related products or services and wish to advertise those products or services elsewhere on our Site, outside of our forums, please visit our Advertising page.
All other Submissions or user-generated content or posts to the Site, whether through the forums, reviews, or any method or on any other page of the Site must be free of advertising or spamming. We reserve the right to edit or remove any Submissions that violate these policies, or to terminate your membership or right to access the Site for such violations.
Moderation & Posting Rules:
All forum posts and forum private messages must be in English. No other languages are permitted.
Although messages posted are not the responsibility of Hillclimb Media and we are not responsible for the content or accuracy of any of these messages, we reserve the right for ourselves and our agents to edit or delete any message for any or no reason whatsoever. Generally we only moderate reviews, messages, Submissions, or posts that are in breach of our rules or policies or threads that have not been accessed for some time. If you do find any reviews, messages, Submissions, or posts are objectionable then please contact us with a link to the item in question. We are particularly concerned with hate language and we will not hesitate to ban frequent or extreme offenders breaching any of our rules or policies.
You must only post in the relevant forum or area on the Site and should not take a thread off topic. You can start a new thread and link any side issues as needed. You agree not to spam on the Site or harvest contact information for commercial gain. Posts should only be made once and in one area only. You may not cross post. A moderator may link a thread to several forums if necessary rather than cross posting in multiple places. Posts may only be bumped if they are beneath closed posts. Junk posts such as random characters, irrelevant garbage or a short message that adds nothing new to a thread (such as just 'LOL') are prohibited. Basically, don't spam or flood please. Thanks!
You agree to refrain from swearing, profanity, foul language, discourteous behavior, racial, national or sexual slurs or other inappropriate or illegal behavior on the Site. No warez links or crack how-tos or posts of a pornographic or sexual nature please. No links to inappropriate content please. This is a family friendly Site.
You agree not to use the Site to post any material which is illegal or that may generally be deemed to be vulgar, defamatory, inaccurate, harassing, hateful, threatening, invading of others privacy, sexually oriented or violates any laws. Our reference to swearing includes acronyms and variations and misspellings. We understand that sometimes posters will wish to vehemently disagree with someone else's post. This is fine but personal attacks or responses resorting to vulgar language are not permitted. Should a moderator or Site administrator intercede in a thread due to it getting out of hand, he she may optionally close the thread (temporarily until people cool down or permanently) or request that members make no more than one more post on the subject (closing arguments.) You may not continue such "flame" topics by starting a new thread or post more than the one time as directed but you may edit your existing posts as desired should you have the ability to do so.
You must not post to the Site or provide any Submissions that, as reasonably determined by us, is or appears to be the following:
- untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
- infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any content that is the subject of any claim of infringement;
- of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
- unsolicited, undisclosed or unauthorized advertising;
- 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;
- data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
- in violation of any applicable local, state, national or international law (including export laws).
You must not do, or attempt to do, any of the following, as reasonably determined by us, subject to applicable law:
- access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- access, tamper with, or use services or areas of the Site that you are not authorized to access;
- alter information on or obtained from the Site;
- tamper with postings, registration information, profiles, submissions or content belonging to the Site or other users of the Site;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
- frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any licensed software, application, games or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
- send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or
- take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO THE SITE, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY US $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
Copyright Infringement Notification & Other Reports.
Hillclimb Media relies on users of the Site to bring copyright violations to our attention. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. If you are aware of infringing materials on the Site, please notify Hillclimb Media agent:
Attn: Legal Dept./Copyright Agent
1655 26th Street
Santa Monica, CA 90404
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hillclimb Media to locate the material;
- Information reasonably sufficient to permit Hillclimb Media to contact you, such as an address, telephone number, and if available, an electronic mail address at which the you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All inquiries not in compliance with the above notice and procedure for making claims of copyright infringement will receive no response.
Questions and comments about the Site (other than claims of copyright infringement) should be directed to our Contact Information page.
Your Representations and Warranties.
You represent and warrant for the benefit of Hillclimb Media and Hillclimb Media's licensors and suppliers that:
- you are at least 13 years of age;
- you possess the legal right and ability to enter into this Agreement and make the credit card charge on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for the Site;
- all information that you submit to us is true, accurate, and current and that you own all rights in your Submissions or, alternatively, you have sufficient rights in your Submissions to grant us the rights described in these Terms;
- you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Submissions;
- your Submissions are not defamatory, do not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party;
- you will keep your registration information current;
- you will be responsible for all use of your password even if such use was conducted without your authority or permission; and
- you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
No promotion is offered by Hillclimb Media unless the promotion explicitly so states. You agree that offers from other companies on the Site are solely liable for their promotions and that Hillclimb Media is not liable. You also agree to comply with all terms of a promotion. Note: some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to the Site. Hillclimb Media reserves the right to withdraw or refuse to honor any promotion that has been altered or modified—other than by Hillclimb Media.
You agree to defend, indemnify and hold harmless Hillclimb Media and Demand Media, and their subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.
DISCLAIMERS OF WARRANTIES.
HILLCLIMB MEDIA PROVIDES THE SITE "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, HILLCLIMB MEDIA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, GAMES, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. HILLCLIMB MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HILLCLIMB MEDIA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
Links to Third Party Sites.
As a convenience, we may provide links to third-party websites from the Site. Hillclimb Media is not responsible for and does not endorse the informational content or any products or services available on any third-party web Site and does not make any representations regarding its content or accuracy. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-Hillclimb Media web Sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such Sites. This means that we are not your agent and will not be a party to any contract you enter.
Exclusive Remedy; Damage Exclusions & Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
Washington State Law and Washington (King County) Forum; One-Year Statute of Limitations.
Miscellaneous; Entire Agreement.
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Hillclimb Media. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Hillclimb Media will be null and void. Hillclimb Media has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and Hillclimb Media with respect to the Site and that item and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Hillclimb Media regarding the Site and/or any order you place through it.
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
If you have a complaint, you may contact us at Travels.com Legal Department, 1655 26th Street, Santa Monica, CA 90404, U.S.A. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
- Notice of Availability of Filtering Software: All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
- Notice of No Harvesting or Dictionary Attacks Allowed: YOU MAY VIOLATE FEDERAL LAW IF YOU: (i) INITIATE THE TRANSMISSION TO TRAVELS.COM COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (ii) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
- Notice Regarding Trademarks: The trademarks Travels.com, Demand Media and all other trademarks listed below or used in the Service are owned or used under license by Hillclimb Media and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Site or in any Site content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © Hillclimb Media, Inc. All rights reserved.