Terms and Conditions of Use
Please
read these Terms of Service and Conditions of Use carefully before using this
site. The following terms of service and conditions of use (the "Terms and
Conditions") govern your ("You") use of the use of, without limitation, several
NORTHSTAR publications within one common industry category, and all content
thereon (the "Site") as provided by NORTHSTAR Travel Media("NORTHSTAR"
or "we"). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS
AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to
these Terms and Conditions, you may not access or otherwise use the Site.
Services
Available on the Site.
NORTHSTAR
may make certain services available to individuals who register on the Site
("Registered Users") and general visitors to the Site ("Visitors")
(Registered Users and Visitors are collectively referred to as "Users").
For example, Users may be able to register to receive a print publication
or an e-mail newsletter, participate in forums or moderated discussions with
other Users, post comments on a bulletin board, post and respond to classified
ads, or enter a sweepstakes (collectively, "Services", and with
the Site, the "Site"). Users may also access articles and perform
research.
NORTHSTAR
may make certain forums available on the Site that allow Registered Users
the opportunity to participate in moderated discussions and to post information
on bulletin boards (collectively, "Forums"). Registered Users who
participate in these Forums are solely responsible for the information and
other content they post on and through these Forums and should be aware that
when they voluntarily disclose personal information (e.g., name, e-mail address,
telephone number) on or through these Forums, that such information is generally
accessible to and may be collected and used by other Registered Users, as
well as Visitors, and may result in unsolicited online and offline messages
from such viewers. Registered Users are encouraged to exercise discretion
when providing personal information about themselves in and through Forums.
Internet
Access.
You
acknowledge and agree that in connection with your use of the Site you must:
(a) provide for your own access to the World Wide Web and pay any service
fees associated with such access, and (b) provide all equipment necessary
for you to make such access and connection to the World Wide Web, including
a computer, software, a modem and a means of connecting to or accessing the
Internet. NORTHSTAR shall not be responsible for any malfunctions, errors,
crashes or other adverse events that may occur from your use of the Site.
Proprietary
Rights.
As
between you and NORTHSTAR (including our affiliates), we are the owner and/or
authorized user of any trademark, and/or service mark appearing on the Site,
and are the copyright owner or licensee of the content and/or information
on the Site, unless otherwise indicated. Except as otherwise provided herein,
use of the Site does not grant to you a license to any content, features,
materials or hotel classifications you may access on the Site. Any commercial
use of the Site is strictly prohibited, except as allowed herein or otherwise
approved by us. You may not download or save a copy of any of the content
or screens except as otherwise provided in these Terms and Conditions, for
any purpose. You may, however, print one (1) copy of the information on the
Site solely for your personal use or records. If you make other use of the
Site, except as otherwise provided above, you may violate copyright and other
laws of the United States, other countries, as well as applicable state laws
and may be subject to liability for such unauthorized use. We do not grant
any license or other authorization to any user of our trademarks, service
marks, other copyrightable material or any other intellectual property, by
including them on the Site. You also agree and acknowledge that any ideas,
concepts, methods, systems, designs, plans, techniques or other similar materials
that you submit or otherwise communicate to the Site, may be used by us in
any manner.
User
Information.
In
the course of your use of the Site, you may be asked to provide certain information
about yourself to us ("User Information"). NORTHSTAR information
collection and use policies with respect to such User Information are set
forth in the Site Privacy Policy. You acknowledge and agree that you are solely
responsible for the accuracy and content of the User Information.
Submitted
Material.
Any
information or material that you submit or send to NORTHSTAR or otherwise
make available on or through the Site ("Your Material") will be
deemed not to be confidential or secret. By submitting or otherwise making
Your Material available on the Site, you:
· Agree and acknowledge that Your Material will not be treated as confidential
or proprietary.
· Represent and warrant that Your Material:
· Is original to you and that no other party has any rights to the material;
· Does not contain any content that is unlawful, threatening, harassing, profane,
tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains
explicit or graphic descriptions or accounts of sexual acts (including but
not limited to sexual language of a violent or threatening nature directed
at another individual or group of individuals), invasive of another's privacy,
or hateful;
· Does not contain a virus or other harmful component; and
· Does not contain, unless the specific Service allows, any advertising of any
kind, or false or misleading indications of origin or statements of fact.
·
Grant NORTHSTAR the royalty-free, unrestricted, worldwide, perpetual, irrevocable,
non-exclusive and fully sub-licensable right and license to use, reproduce,
modify, edit, adapt, publish, translate, create derivative works from, distribute,
perform and display Your Material (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later developed.
You also warrant that any "moral rights" in Your Material have been
waived.
No
Endorsement.
NORTHSTAR does not represent or warrant the truthfulness, accuracy
or reliability of any material posted by others on or through the Site, nor
does NORTHSTAR endorse any opinions expressed by Users or others, such as
responses provided in the "Ask the Expert" portions of the Site.
Users acknowledge that any reliance on material posted by others will be at
their own risk. Any content placed on any discussion area by Users are the
views of the User posting the statement, and do not represent the views of
NORTHSTAR.
Unsolicited Materials.
Unless specifically requested, NORTHSTAR does not solicit nor
does it wish to receive any confidential, secret or proprietary information
or other material from you through the Site, any of its services, by e-mail,
or in any other way.
User Conduct.
You warrant and agree that, while using the Site, you shall
not:
· Upload, post or transmit to or distribute or otherwise publish
through the Site any material that violates any provision of these Terms and
Conditions;
· Restrict or inhibit any other User from using and enjoying
the Site;
· Constitute or encourage conduct that would constitute a criminal
offense or give rise to civil liability;
· Impersonate, or misrepresent your affiliation with any other
person or entity;
· Upload, post, publish, transmit, reproduce, distribute or
in any way exploit any information or other material obtained through the
Site for commercial purposes (other than as expressly permitted by the provider
of such information or other material);
· Engage in spamming or flooding; or
· Attempt to gain unauthorized access to other computer systems
through the Site.
Except as otherwise expressly permitted herein, you may not
upload, post, publish, reproduce, transmit or distribute in any way any component
of the Site itself or derivative works with respect thereto, as the Site is
copyrighted as a collective work under U.S. copyright laws.
We have no obligation to monitor any content on or through
the Site and we assume no obligation. You acknowledge and agree, however,
that we do retain the right to monitor the Site and to disclose any information
as necessary or appropriate to satisfy any law, regulation or other governmental
request, to operate the Site properly, or to protect ourselves or our Users.
We will not intentionally monitor or disclose any private electronic mail
message unless required by law. We reserve the right to refuse to post or
to remove any information or materials, in whole or in part, that, in our
sole discretion, are unacceptable, undesirable, inappropriate or in violation
of these Terms and Conditions. We may also suspend or terminate any User's
use of the Site at any time in our sole discretion.
You agree to defend, indemnify and hold NORTHSTAR, its directors,
officers, employees, agents and affiliates harmless from any and all claims,
liabilities, costs and expenses, including reasonable attorneys' fees, arising
in any way from your use of the Site or the placement or transmission of Your
Material on or through the Site by you.
DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS
AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS,
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT
OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. NORTHSTAR DOES NOT WARRANT THAT THE SITE
OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NORTHSTAR
MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE,
RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NORTHSTAR
OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF
YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR
SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL NORTHSTAR OR ANY OF ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY
TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO,
INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR
LOST BUSINESS OR LOST SALES, EVEN IF NORTHSTAR OR SUCH INDIVIDUAL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT
SHALL NORTHSTAR BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED,
EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH
THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF NORTHSTAR TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE
SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO NORTHSTAR FOR YOUR ACCESS
TO OR USE OF THE SITE.
Links to Other Sites.
You acknowledge and agree that we have no responsibility for
the accuracy or availability of information provided by Web sites to which
you may link from the Site ("Linked Sites"). Links to Linked Sites
are provided as a convenience to you, and do not constitute an endorsement
by or association with NORTHSTAR of such sites or the content, products, advertising
or other materials presented on such sites. NORTHSTAR does not author, edit,
or monitor these Linked Sites. You acknowledge and agree that NORTHSTAR is
not responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on such Linked Sites.
Your California Privacy Rights
Under a provision of California law, a California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an opt-out or opt-in choice for use of your personal information by third parties for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options. Because this Site is intended for use on a business-to-business basis, this provision of California law will not apply, in most cases, to the information collected. To the extent an California resident using this Site for personal, family, or household purposes seeks information covered the law, this Site qualifies for the alternative option. As stated in our Privacy Policy, users of the Site may opt-out or opt-in to the use of your personal information by third parties. Therefore, we are not required to maintain or disclose a list of the third parties that received your personal information during the preceding year for marketing purposes. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt-in to such use when you provide personal information on the Site. Please note that whenever you opt-in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information. California residents who utilize this Site for personal, family, or household purposes may request further information about our compliance with this law by e-mailing tlogan@ntmllc.com. You should put the statement "Your California Privacy Rights" in the subject field of your email. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.
Applicable Laws.
We control and operate this Site from our offices in the United
States of America. We do not represent that materials on the Site are appropriate
or available for use in other locations. Persons who choose to access this
Site from other locations do so on their own initiative, and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
Miscellaneous.
The Terms and Conditions and the relationship between you and
NORTHSTAR shall be governed by the laws of the State of New York, without
regard to its conflict of law provisions. You and NORTHSTAR agree that any
cause of action that may arise under this Agreement shall be commenced and
be heard in the appropriate court in the State of New York, County of New
York. You and NORTHSTAR each agree to submit to the personal and exclusive
jurisdiction of the courts located within New York County in the State of
New York The failure of NORTHSTAR to exercise or enforce any right or provision
of the Terms and Conditions shall not constitute a waiver of such right or
provision. If any provision of the Terms and Conditions 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 and Conditions 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 Services or the Terms and Conditions must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
Modifications to the Site and the Services.
We may change these Terms and Conditions from time to time
and at any time without notice to you, by posting such changes on the Site.
We reserve the right, for any reason, in our sole discretion, to terminate,
change, suspend or discontinue any aspect of the Site, including, but not
limited to, content, features or hours of availability. By using the Site
following any modifications to the Terms and Conditions, you agree to be bound
by any such modifications to the Terms and Conditions. We may also impose
limits on certain features of the Site or restrict your access to part or
all of the Site without notice or penalty.
Digital Millennium Copyright Act Agent.
We respect the intellectual property rights of others, and
require that the people who use the Site do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please forward the following information to the Copyright Agent named below:
· Your address, telephone number, and e-mail address;
· A description of the copyrighted work that you claim has
been infringed;
· A description of where the alleged infringing material is
located;
· A statement by you that you have a good faith belief that
the disputed use is not authorized by you, the copyright owner, its agent,
or the law;
· An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; and
· A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your Consent To Terms and Conditions By Use Of The Site . By use of the Site, you consent to the Terms and Conditions as specified herein. If you do not agree to the terms of the Terms and Conditions, please do not use the Site. Any changes to these Terms and Conditions will be posted to the Site.
This Site is operated by:
NORTHSTAR Travel Group
100 Lighting Way
Secaucus, NJ 07094