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Travelers411 Terms of Service and Privacy Policy (updated: May 5, 2017)

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Travelers411 Terms of Service and Privacy Policy
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Travelers411 Podcast, Stream, Audio, Video, Image Resources and other Media Submissions.
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Travelers411 Terms of Service and Privacy Policy

Welcome to Travelers411. Travelers411 LLC, a Delaware Limited Liability Company, and its affiliates ("we","us" or "Travelers411") provide website features, information, advertising and other products and services ("Travelers411 Services") to you subject to the following conditions ("Terms of Use"). By using Travelers411 Services, you agree to these Terms of Use. Although the administrators and moderators of Travelers411 will attempt to keep all objectionable material off this website, it is impossible for us to review all user submitted contributions to the site. All submissions express the views of the individual author and/or posting user, and neither the owners of Travelers411, nor its partners or affiliates will be held responsible for the content of any submission. Further, while we attempt to maintain the highest editorial standards, everyone from time to time makes factual omissions and/or errors. You agree that Travelers411 and its partners shall not be held responsible for errors, omissions, or other information on this site whether submitted or created by Travelers411 or its partners or its users. By agreeing to these rules, you warrant that you will not post any submissions that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violate of any laws. You also agree to only post materials to the site(s) for which you have rights to do so in accordance with the laws of your country and the United States. Please familiarize yourself with US laws that govern the use of Copyright and fair-use and make every attempt to not infringe the rights of others. You also agree to permit Travelers411, its subsidiaries and partners to use any information, images, code or any other data you submit to us or post on travelers411.com, sabrams.com, jetset411.com, travelingfeet.com, persistentvisions.com and in association with any other media library or media distribution form or outlet or website we endeavor to produce. (This would include things like compilation web pages on our network of sites that display new or popular posts or photo galleries, "best of" pages, audio, video or other media submissions or content we choose to promote, newsletters promoting activity on the site including your posts or pictures, DVD's for use at tradeshows or other distribution that include samples of images or posts that have been uploaded and other uses of posts, code, images or otherwise that have been uploaded to the site.) This use shall be perpetual, lifetime and unrestricted. All user accessible areas of Travelers411 websites should be considered public. When posting any information or content to Travelers411 websites it should be assumed that these materials may be accessed either now or in the future by the public and that no right to privacy for these materials exists. Some sections of the website may have options to help avoid public viewing of uploaded materials. Travelers411 does not guarantee that any information, or content uploaded or posted to the site(s) will remain private, confidential, or out of public view. As is the nature with the internet, maintaining security of private information is a goal that is sometimes unavoidably undermined. Travelers411 reserves the right to remove, edit, move or close any submission for any reason. Travelers411 reserves the right to refuse service to any party for any reason with or without cause. Travelers411 reserves the right to save, archive or elect to delete any information transmitted through or posted to its websites or physical location. Travelers411 Terms of Service and Privacy Policy can and will change from time to time and as such interested and affected parties should review them from time to time. We reserve the right to change or modify our terms of service and privacy policy at any time with or without notice. We offer a wide range of Travelers411 Services, and additional terms may apply. When you use a Travelers411 Service (for example, Travelers411 Web Store, Banner Ads, Sponsored Content, Travelers411 Travel PR, Travelers411 Forums, Travelers411 Guides or other Travelers411 Services) you also will be subject to the guidelines, terms, and agreements applicable to that Travelers411 Service.

 

Radio Show and Audio/Video Media Policy:

All show Hosts, Guests, and Moderators ("Talent") of the "Travelers411" Radio Show and/or "Travel with Stephanie Abrams!" Radio Show and/or Travelers411 Mini Show or other named show or distribution product including but not limited to Travelers411 PR products, Streams, Podcasts, Forums, Blogs, Groups, Directory Listings, Mini Shows, Mini Sites or other are subject and agree to the following conditions of participation: As the Talent, you hereby authorizeTravelers411, its employees and/or agents, to photograph me, take motion pictures of me, take videotapes of me, and/or make electronic sound recordings of me (herein referred to as photographic or electronic reproductions). Travelers411 is authorized to make use of any such photographic and/or electronic reproductions of the Talent for any purpose, including, but not limited to educational, promotional, commercial and other public or private media as may be deemed appropriate by Travelers411 and it is understood that the Talent may be identifiable from such photographic or electronic reproductions and that this publicity will not be considered an invasion of the Talent privacy. Travelers411, its subsidiaries, divisions and agents, is authorized to use the work product of Talent participation in broadcasts on radio, television, internet and other electronic and reproductive or distributive formats and Talent gives permission for transcriptions of remarks to be included in print, internet and other display media. Guests understand that inclusion is subject to editing and that remarks and appearance may be used in their entirety or in part or not at all at the sole discretion of Travelers411. It is understood that 3rd parties have no ownership or copyrights to the work product created by Travelers411 unless those writes are mutually agreed to in writing and signed by the owners of Travelers411 and that unless expressed and agreed to in writing 3rd parties are in no way a partner in the products created. It is understood that by submitting an audio, video, photographic or other media form to Travelers411 whether via submission remotely through website, ftp, or physically, whether in the format of a radio show, mini show, Travel PR segment, or other, you are granting Travelers411 a perpetual, lifetime, non-retractable, non-exclusive copyright permission to use the submitted media in print, broadcast, streaming audio/video, terrestrial broadcast, podcast, website, intranet, or any other reproductive media along with the right to modify, edit, and alter the submitted media, without restriction and it may be used in its entirety or in part or not at all at the sole discretion of Travelers411.

 

Travelers411 PR Policy:

It is understood by users of Travelers411 PR Tools system that any messages left via voicemail or submitted via email, ftp, recorded over the telephone or in person, or other method becomes the sole property of Travelers411 and that Travelers411 has the right to use or not use, edit, alter, modify, save, delete or archive, give authorship credit or not and otherwise has a perpetual, lifetime, non-retractable, non-exclusive copyright permission to use the submitted media in print, broadcast, streaming audio/video, terrestrial broadcast, podcast, website, intranet, or any other reproductive media along with the right to modify, edit, and alter the submitted media, without restriction and it may be used in its entirety or in part or not at all at the sole discretion of Travelers411. It is also understood that Travelers411 may elect at its option to broadcast or not broadcast messages or recordings in any public or private venue without restriction.

 

Travelers411 PR Editorial Guidlines:

All messages must be in English. Any exception to this rule is at the sole discretion of Travelers411. All messages should be geared to a general listening audience and should not contain any language that is offensive or inappropriate. Messages should generally include your name, the name of the company, organization or event the message corresponds to as well as a point of reference for listeners to obtain further information such as a website or phone number.

 

Sales, Cancellation and Refunds Policy

For all Travelers411 Services that require a purchase, Travelers411 is under no obligation to schedule, perform or implement any work or changes to Travelers411 Service until payment has been received and cleared. No party or reseller shall charge more for Travelers411 Services than their face value in the Travelers411 Web Store at the time of the transaction. Due to the nature of the types of products Travelers411 sells, chief among them advertising, internet based and broadcast based services we have a no refunds policy and all sales are final. Any disputes will be subject to binding arbitration within the state of California within San Francisco County. Cancellations may be subject to 100% forfeiture of any paid monies. For advertising and promotion based products cancellation of service once the order has been placed may incur additional production or administrative work and such cancellation costs may be passed on to the customer. Travelers411 reserves the right to refuse service to any party for any reason with or without cause. Purchase of Travelers411 Service that does not conform with any aspect of Travelers411 Terms of Service may be denied or cancelled. If Travelers411 elects to cancel a sale, for whatever reason, after funds have been received, Travelers411 will refund the sale amount in a reasonable amount of time, not to exceed 30 days, and in compliance with local laws. In the event of liability, damages shall not exceed amount paid to Travelers411 for services rendered. Any party purchasing Travelers411 products or services on behalf of a 3rd party shall indemnify Travelers411 for any claims or damages arising from that purchase. In no event will Travelers411 be liable for products or services purchased from a 3rd party. All prices are subject to change without notice. All products are subject to change and availability without notice.

 

Travelers411 Copyright Use Policy:

Travelesr411 reserves all rights and considers all content, code, media and other resources it creates as protected under US and International Copyright Law and neither yields nor forfeits any of these rights unless specifically agreed to in writing and signed by the owners of Travelers411. Any use of any Travelers411 media without express written agreement is considered a violation of our rights under law. Further, Travelers411 endeavors to protect the rights of parties who legally post or share content for use by Travelers411. Travelers411 considers any reproduction, download, modification or alteration of these types of material without express written agreement a violation under law. We do allow, in most cases, users to "share" and "like" our content in cases where a 3rd party website is not locally saving Travelers411 content to their server or website. Under no circumstances should any Travelers411 content, whether audio, video, image, code, text or other material or content type, be stored locally on any 3rd party website, app, mobile device.

 

Travelers411 Analytics:

Travelers411 may at its sole discretion provide limited analysis of traffic data or activity of Sponsored Content or Banner Ads ("Analytics"). Due to technical and logistical constraints as well as privacy considerations, analytics may exclude some content channels. We reserve the right to share Analytics data with partners. In cases where Analytics are provided by Travelers411, they are provided on an 'AS IS" and 'AS AVAILABLE' basis. Travlers411 makes no representations or warranties of any kind, express or implied, as to the operation of this product or service or the information, content, materials or products included in this product or service.

 

Travelers411 Banner Ads:

Impressions are measured as one banner ad graphic or text resource request on one page one time. In the event a page is loaded multiple times whether by the same or different users this may count as multiple requests. Clicks are measured as one resource request to an endpoint URL as a result of the activation of a link associated with an Impression. Travelers411 may at its sole discretion continue to display impressions for campaigns whose purchased number of impressions has been exceeded and in such cases this activity shall not constitute damage to you or any third party. In the event of a resource request for a graphic banner ad on a non-graphic interface a suitable text representation may be substituted and these types of requests will be counted as an Impression. Banner Ads campaigns may be configured as Cost-Per-Impression ("CPI") or Cost-Per-Click ("CPC"). With CPI Banner Ad campaigns we make no claims as to number of Clicks, Click-Rate, or Click-Through-Rate. In cases where we report on number of Clicks, Click-Rate, or Click-Through-Rate this data is provided at no cost and without warranty. With CPC Banner Ad campaigns we make no claims as to number of Impressions served. Unless otherwise specified all Impressions in CPI by all users have equal value regardless of time of day, geo-location, interface or platform type, or other metrics. Unless otherwise specified all Clicks in CPC by all users have equal value regardless of time of day, geo-location, interface or platform type, or other metrics. Banner ad campaigns ("Banners") may stop running when purchased number of Impressions or Clicks have been fulfilled or when other factors regulate their being served such as campaign activity settings, available inventory, maintenance, or other factors. During the active range of a banner ad campaign not all ads may run on all days. Once Banner ad campaigns have been activated they will continue to run until the purchased amount of Impressions or Clicks have been fulfilled. In no event will Travelers411 be obligated to refund, apply to another purchase or modify Banner Ad artwork or endpoint URL link for an unused portion of purchased Clicks or Impressions. Customers purchasing Banner Ads placement may be requested to supply Artwork for Banner Ad campaigns in multiple sizes and specifications. Customers who submit artwork for the use of Banner Ad display either directly, or through a third party, agree to indemnify Travelers411 and its partners, in the use of Artwork against any and all claims or damages arising out of use of submitted artwork. Travelers411 reserves the right to not activate an ad campaign in cases where all requested sizes have not been submitted or in any cases where submitted artwork does not meet Editorial Guidelines or submission specifications. This does not imply that all sizes or size-types will be displayed. Travelers411 will at its sole discretion determine the best method to achieve fulfillment of banner ad impressions. These methods are to be considered proprietary to Travelers411 and confidential.

 

Travelers411 Mini Shows:

All Mini Shows must comply with Travelers411 Editorial Guidelines and Terms of Service. While Travelers411 will endeavor to keep all Mini Shows and their related work product active indefinitely, Travelers411 reserves the right to de-activate or otherwise remove any Mini Show or its work product including Mini Show Homepages, podcasts, streams, or other at its sole discretion with or without notice or cause. Each Mini Show must have a name which is unique and complies with our general Editorial Guidelines. Mini Show names must be unique across the system. Some Mini Show names may be reserved, in use or otherwise unavailable for use. Inactive Mini Shows, Mini Shows which have not had a recent update or episode submission may at Travelers411's sole discretion be de-listed, de-activated or otherwise removed. In the event of removal or de-activation, no refund will be issued.

 

Travelers411 Podcast, Stream, Audio, Video, Image Resources and other Media Submissions and "Travelers411" Radio Show.

Any views or opinions expressed by Travelers411 Users, Radio Show Hosts, Members, Radio Show Guests or other individuals, regardless of medium, are those solely of the individual and do not necessarily represent the views or opinions of Travelers411.

 

Disclaimer of Warranties and Limitation of Liability

Travelers411 Services are provided by Travelers411 on an 'as is' and 'as available' basis. Travelers411 makes no representations or warranties of any kind express or implied, as to the operation of Travelers411 Services or the information, content, materials, or products included in this Travelers411 Services. You expressly agree that your use of Travelers411 Services is at your sole risk. Travelers411 reserves the right to withdraw or delete any information from Travelers411 Services at any time in its discretion. To the full extent permissible by applicable law, Travelers411 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Travelers411 does not warrant that Travelers411 services, its servers, or e-mail or other notifications sent from Travelers411 are free from viruses or other harmful components. Travelers411 will not be liable for any damages of any kind arising from the use of Travelers411 Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

Arbitration

Any disputes will be subject to binding arbitration within the state of Delaware.

 

Severability

The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

 

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