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Terms of Use

Hip Travel Mama Terms of Use

Last Modified: June 16, 2010

Thank you for your interest in Hip Travel Mama. The website located at www.hiptravelmama.com (the “Site”) is offered to you conditioned upon your acceptance of all the terms, conditions, and notices set forth below, which are an agreement (referred to as the “Agreement”) between you and Anne Taylor Communications, LLC. The terms “we”, “us”, “our” and “ATC” refer to Anne Taylor Communications, LLC. By accessing or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. If you do not agree to these terms, you may not access or otherwise use this Site.

Your use of this Site is also subject to the Hip Travel Mama Privacy Policy. Please review the Privacy Policy for information about how we collect, use and disclose personal information.

Proprietary Rights

Except as may be otherwise indicated, all Site materials, including, without limitation, text, pictures, graphics, sound files and other files and the selection and arrangement thereof (“Content”) are proprietary property of ATC or third parties, and are protected by United States laws and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights. This Agreement does not grant any right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Content.

The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks, in the United States and/or other countries, belonging to ATC or their respective owners. In addition, all page headers, custom graphics, button icons, and scripts are Trademarks of ATC or third parties, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ATC or the respective owner.

Restrictions

You agree that you will not: (i) use this Site or any Content for any commercial purpose; (ii) use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy pages on the Site or the Content therein without ATC’s prior written permission; (iii) “frame”, “mirror” or otherwise incorporate any part of this Site into any other website without ATC’s prior written permission; (iv) spam or send unsolicited email to any other user of the Site for any reason; (v) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; or (vi) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

Content; Interactive Areas

The Site may contain discussion forums, review services or other interactive areas in which you or third parties may post comments, reviews of travel experiences or other Content. You are solely responsible for your use of such interactive areas and use them at your own risk. We take no responsibility for Content provided by you or any third party, nor do we undertake any obligation to monitor that Content. Content submitted by users will be considered non-confidential and we do not undertake any obligation to treat the Content as proprietary information. We reserve the right at all times to remove, edit or refuse to distribute any Content on the Site.

We claim no ownership or control over any Content submitted, posted or displayed by you on or through the Site. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Site and you are responsible for protecting those rights, as appropriate, subject to the following license. By posting or distributing Content to or through the Site, unless we indicate otherwise, you grant ATC a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable license to (i) use, reproduce, modify, distribute, publish, create derivative works from and publicly display and perform such Content in any media and (ii) to use the name that you submit in connection with such Content.

In addition, by posting or distributing such Content, you represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site and (ii) the use and posting or other transmission of such Content does not violate this Agreement, applicable law, or the rights of any person or entity.

By using any interactive areas of this Site, you agree not to post to or display on the Site any of the following:

  • Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening (of violence or otherwise), invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, sexual orientation or gender identity;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or entity, or that would otherwise violate any local, state, national or international law;
  • Private or confidential information of another without the owner’s authorization, such as credit card numbers, Social Security Numbers, driver’s and other license numbers, addresses, phone numbers, email addresses;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Viruses, corrupted data or other harmful or disruptive code or files; or
  • Content that is unrelated to the topic of the interactive area(s) in which the Content is posted.

Links

Links to third-party sites on this Site are provided as a convenience to you. If you use these links, you will leave this Site. We have not reviewed all of these third-party sites and does not control and are not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. We do not make any representations about third-party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. ATC is not responsible or liable for any damages or losses that may result from the use of or reliance on any third-party sites.

Third-Party Advertisements and Promotions

The Site may include advertisements and promotions from third parties. Your interactions and any transactions with these third parties are solely between you and those third parties. ATC is not responsible or liable for any damages or losses that may result from any such interactions or transactions or from the presence of third-party advertisers on the Site.

Travel Destinations

This Site includes discussions of travel to destinations in the United States and abroad. Although most travel is completed without incident, some destinations may involve greater risk. Before traveling, we urge you to review travel prohibitions, warnings, announcements and advisories issued by the United States government. Information on conditions in various countries and the assessed level of risk associated with travel to particular destinations abroad can be found at these websites: www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

ATC does not represent or warrant that travel to any particular destination is advisable or without risk, and is not responsible or liable for damages or losses that may result from travel.

Copyright Infringement Notices

We respond to clear notices of alleged copyright infringement. This section describes the information that should be included in these notices. The form of the notice described below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office website, www.copyright.gov).

Regardless of whether ATC may be liable for infringement under applicable law, our response to notices alleging infringement may include removing or disabling access to allegedly infringing material and terminating users. If we remove or disable access in response to a notice, we will make a good-faith attempt to contact the provider of the affected content so that they may make a counter notification. In addition to being forwarded to the person who provided the allegedly infringing content, a copy of the notice may be sent to a third-party and may be published and annotated.

To file a notice of infringement with us, you must provide the notice by fax or regular mail and include the items specified below. You may be held liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material on the Site infringes your copyright, we suggest that you contact an attorney. Your notice must include the following (please use the following format, including section numbers):

1.             A clear identification of the copyrighted work you claim was infringed.

2.             A clear identification of the material you claim infringes the copyrighted work identified under #1 above, and information that will allow us to locate that material on the Site (such as a link to the material).

3.             Your name, and contact information sufficient to permit us to contact you in response to your complaint, preferably including, at a minimum, an email address and telephone number.

4.             Include the following statement: “I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

5.             Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

6.             Sign the notice.

7.             Send the notice to the following email address:

info@hiptravelmama.com

OR fax to: 425.837.4794

Attn: ATC DMCA Notices

The provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

The Site may not have account holders or subscribers. However, for any services on the Site that do have account holders or subscribers, we will, in appropriate circumstances, terminate the accounts of repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, you may follow the instructions above to contact us and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

Warranty Disclaimer

This Site, including all services, information, content, materials and functions on the Site, is provided “as is” without warranties of any kind, either express or implied. ATC disclaims all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment or information accuracy. ATC does not and cannot guarantee or warrant that Content or any materials or information available from this Site will be accurate, reliable, current, complete or error-free, or that the Site or its servers are free of viruses or other harmful components.

Limitation of Liability

In no event will ATC, its suppliers or other third parties mentioned at or in this Site be liable under any provision or subject matter of this agreement or under any contract, negligence, strict liability or other legal or equitable theory for: (i) any amounts aggregating in excess of the amount paid by you to ATC for any service provided by ATC through this Site in the six month period before the claim arises or $100, whichever is greater; or (ii) any indirect, special, incidental, or consequential damages; or (iii) cost of procurement of substitute goods or services; or (iv) interruption of use or loss or inaccuracy or corruption of data; in each case whether or not ATC is advised of the possibility of any such loss or damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.

Disclosure and Editorial Policy

Honesty and authenticity are the core of our recommendations and the experiences we share here on HipTravelMama.com. ATC may from time to time be hired by a company for consulting related to PR, social media services. We may also be invited to review a property, product or recommend a travel service that we use, or inspires us and want to share that experience with our readers and viewers. Periodically, we may also take trips that are sponsored by a travel company, airline, hotel, tourist attraction or consumer product. If a trip or experience was sponsored or paid for, we will disclose that information within the blog post or review. As always, you can always expect an authentic and honest opinion about our experience like you would from a trusted friend.

Contacting us

If you have any questions or concerns about this Agreement, please feel free to contact us any time at by email at info@hiptravelmama.com.

Revisions to This Agreement

ATC may revise this Agreement at any time by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then-current terms and conditions.

Applicable Law and Venue; Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and the United States, without regard to the conflict of laws provisions thereof. Except as may be otherwise specifically set forth herein, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington for any litigation, claim, controversy or dispute arising out of or relating to this Agreement and agree not to commence any litigation arising out of or relating to this Agreement except in such courts.

If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. ATC’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ATC in writing. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. This Agreement may be assigned in whole or in part by ATC. Neither this Agreement nor any rights or obligations under this Agreement may be assigned in any manner by you without the express, prior written permission of ATC, and any purported assignment in violation of this restriction will be void.

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