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Terms of Use

IMPORTANT: Please read these Terms of Use carefully before using this service. If you do not agree with these Terms, you may not access or otherwise use this Service.

These Terms of Use ("Terms") provide information about your use of the service ("Service") offered by The Travel Channel, L.L.C. ("Travel Channel") and Kamida, Inc. ("Kamida") (collectively, the "Parties"). The Service is a social information platform that incorporates media content provided by its users and provides means for users to communicate with each other without mediation. As such, it is difficult for the Parties to exert a great deal of control over the service. Accordingly, by using the Service, you consent to the following terms and conditions.

By using the Service, you understand that your mobile service provider's standard charges may apply. While the Service is provided free of charge by the Parties, you are responsible for obtaining access to the Service which may require third party fees (such as data plans or airtime charges from an Internet or wireless provider or text and multimedia messaging fees). You are responsible for payment of all fees incurred in connection with your use of and access to the Service. In addition, please note that the Service uses a large quantity of data network bandwidth. Therefore, it is recommended that users of the Service have a mobile network plan that allows for unlimited data usage.

To ensure compliance with the Children's Online Privacy Protection Act of 1998 (COPPA), the Service does not accept participation of users who are under 13 years of age. By registering to use the Service, you represent that you are at least 13 years old. If you are under 18, please check with a parent or guardian before you agree to these terms and ask them to explain anything in this document that you might not understand.

By using the Service, you acknowledge you have read and consent to the Travel Channel Visitor Agreement located at http://www.travelchannel.com/About/Visitor_Agreement ("Visitor Agreement"), which is incorporated by this reference, as well as all applicable laws, rules and regulations. Any terms included in the Visitor Agreement are in addition to these Terms, and in the event of a conflict, prevail over these Terms. You may use the Service solely for your personal and non-commercial use and may not resell use of, or access to, the Service to any third party.

The Service is accessible without registration, but non-registered users may have limited access to the Service. For full access to all the features of the Service, you may choose to register for the Service by providing the Parties with your e-mail address and creating a nickname, password, and security question. By registering for an account, you agree that you will not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or try to gain access to data held under any account other that your own. By registering for an account, you agree to accept responsibility for any and all activities that occur under your account name.

You understand and acknowledge that the Service includes all of the following: editorial content from the Travel Channel website located at www.travelchannel.com ("Site"), user-generated content, and third-party advertisements (collectively, the "Content"). The Content available through the Service is for informational and entertainment purposes only. Despite the Parties's efforts to provide useful and accurate information, errors may appear from time to time. Travel Channel and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information available though the Service. The Parties do not guarantee, represent or warrant that access to the Service will be uninterrupted or error-free. Further, the Parties are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by the Parties.

The Content available through the Service is the property of Travel Channel or its licensors, and is protected by copyright, trademark, publicity, and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Service in any form (including by e-mail or other electronic means), without prior written permission from the owner. However, you may not use any trademark or service mark appearing on the Service without the prior written consent of the mark owner.

The information and opinions expressed by users of the Service are those of the respective contributors only and do not represent the views of the Parties or their respective parents, subsidiaries, affiliates and their respective officers, directors, agents, employees, sponsors. By posting any Content on the Service, you agree to indemnify the Parties or their respective parents, subsidiaries, affiliates and their respective officers, directors, agents, employees, sponsors, and any other person or entity affiliated with the Service, from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorneys' fees, resulting from your use of the Service. The Parties make no representations or warranties regarding any user-generated content and do not warrant the accuracy, completeness or usefulness of any user-generated content available through the Service.

If you choose to submit content to the Service, you represent that you are the owner of such Content or have proper authorization from the owner of the Content to submit such Content and that the Content does not infringe or violate the intellectual property, publicity, privacy, or any other legal rights of third parties. By posting any Content authored or owned by you to the Service, you automatically (a) grant to all other users of the Service a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, and distribute the posted Content for the limited purposes of discussion and commentary, (b) grant to the Parties a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the posted Content or incorporate the posted Content into any form, medium, or technology now known or later developed, for any and all purposes, including but not limited to advertising and marketing, without payment or compensation to you and without seeking any further approval from you; and (c) waive all "moral rights" with respect to the posted Content.

The Service is a Travel Channel online community. All postings should be relevant to travel, food, culture, and related topics, categories and destinations, or in the best interest of the Service. Please refrain from submitting and posting off-topic, irrelevant, unconstructive and inappropriate information, content, and comments. You further agree not to submit, upload, or post to the Service any Content which:

Libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
Infringes any intellectual property, publicity, or other right of any person or entity, including but not limited to, copyright or trademark violations;
Falsifies or deletes author attributions, legal notices or other proprietary designations;
Violates any law or these Terms;
Advocates illegal activity;
Knowingly contains viruses, corrupted files, or other materials that may cause damage to another's computer; or
Advertises or otherwise solicits funds or sales of goods or services.

The types of prohibited Content listed above are merely examples and are not intended to be exhaustive. Travel Channel has no responsibility to, but may in its sole discretion, review, screen, edit, or remove any Content that it deems unacceptable. You can also report Content that you feel is offensive by sending an email to privacy_policy@travelchannel.com.

The Parties comply with the provisions of the Digital Millennium Copyright Act of 1998, 17 U.S.C. Sec. 512. To be effective, a notice of infringement under this Act must be a written communication sent to Travel Channel's Designated Agent via email to DMCA@travelchannel.com and 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 us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on the Application websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide a counter-notification in writing to Travel Channel's Designated Agent that includes the following information:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

The Digital Millennium Copyright Act is available at the Copyright Office's website http://lcweb.loc.gov/copyright/.

You agree to indemnify, defend and hold harmless the Parties, their officers, directors, employees, affiliates, agents, licensors and suppliers ("Indemnified Parties"), from and against any and all losses, expenses, damages and costs (including reasonable attorneys' fees) as a result of, arising from, or in connection with the Service or your violation of these Terms.

YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SERVICE OR ANY MATERIAL AVAILABLE THROUGH THE SERIVCE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICE.

THE SERVICE IS PROVIDED TO YOU "AS IS", WITH ALL FAULTS, AND "AS AVAILABLE". THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. THE INDEMNIFIED PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERIVCE, NOR DO THEY GUARANTEE THAT THE SERIVICE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE INDEMNIFIED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE INDEMNIFIED PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO THE PARTIES FOR THE USE OF THE SERVICE.

The Parties do not warrant or represent that use of the Service is available in locations outside the United States and Canada. If you choose to access the Service from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from the Service in violation of United States export controls.

The Parties may change these Terms from time to time. By continuing to use the Service after any changes are posted, you accept the Terms, as modified. Travel Channel reserves the right, in its sole discretion, to change, restrict access to, suspend or discontinue the Service, or any portion thereof, at any time, with or without notice. Travel Channel, in its sole discretion, may suspend, limit, or terminate any user's rights and access to the Service at any time, with or without notice.

The Parties respect the privacy of the users of the Service. Please take a few minutes to review Travel Channel's privacy policy, located at http://go.travelchannel.com/m/tc/help/privacy, the terms of which are incorporated by reference into these Terms. Users of the Service should be aware that the Service is a public online community, not private communications. When you voluntarily disclose personal information on or through the Service, that information can be collected and used by others and may result in unsolicited messages from third parties.

In the event that any portion of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms. The Parties' failure to enforce any right or provision in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. These Terms have been made and shall be construed in accordance with the laws of the State of Maryland. Your use of the Service may also be subject to other local, state, national, and international laws. By using the Service, you consent to the exclusive jurisdiction of the state and federal courts located in Maryland, in all disputes arising out of or relating to these Terms.

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