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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 This Agreement By
using our Web sites, you consent to the collection and use of information by NTM
as specified above. If we decide to change our policy, we will post those
changes on this page so that you are always aware of what information we
collect, how we use it, and under what circumstances we disclose it.
Copyright Agent:
copyrightagent@ntmllc.com
This Site is operated
by:
NORTHSTAR Travel Group 100
Lighting Way Secaucus, NJ 07094
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