Last Revised: January 3, 2005
The following user agreement ("Agreement") governs your membership to and use of The National Geographic Traveler Reader Panel website available at The National Geographic Traveler Reader Panel ("Site") and other services by Mediamark Research Interactive ("Service Provider"), with offices located at 75 Ninth Ave., 5th Floor, New York, NY 10011, on behalf of National Geographic Traveler (“National Geographic Traveler”), with offices located at 1145 17th Street NW Washington, DC 20036-4688.
Please read the terms contained in this Agreement carefully. You can access this Agreement at any time by clicking on "User Agreement" at the bottom of every page of the Site.
These terms may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of the Site by you will constitute your acceptance of any changes or revisions to the Agreement. Your failure to follow these terms, whether listed below or posted at various points in the Site, may result in suspension or termination of your access to the Site, without notice, in addition to Service Provider's other remedies.
REGISTRATION AND ACCOUNT CREATION
You will be required to provide Service Provider with certain registration information. You agree and represent that all registration information provided by you is accurate and up-to-date. If any of your registration information changes, you must update it by e-mailing ngt@mediamarkinteractive.com.
USE OF THE SITE BY YOU
The Site is not intended for users under the age of 18 and Service Provider does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by Service Provider.
You agree not to use any obscene, indecent or offensive language or to place on the Site any material that is defamatory, abusive, harassing or hateful. Further, you may not place on the Site any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Site only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You are responsible for ensuring that any material you provide to the Site or post on a bulletin board or forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
Material on the Site is for your personal use only. The Site contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Site, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Site.
You agree not to disrupt, modify or interfere with the Site, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site.
Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider’s or National Geographic Traveler's servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.
You acknowledge that Service Provider and National Geographic Traveler have not reviewed and do not endorse the content of any sites linked to from the Site and are not responsible for the content or actions of any other sites linked to from the Site. Your linking to any service or site is at your sole risk.
USE OF MATERIAL SUPPLIED BY YOU
For information regarding use of the material and information you supply or communicate with the Site, please see our Privacy Policy. By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Site, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
COPYRIGHT COMPLAINTS
Service Provider and National Geographic Traveler respect the intellectual property of others, and we ask our users to do the same. Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Service Provider by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to Service Provider's copyright agent set forth below:
1) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2) 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;
3) 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 Service Provider to locate the material;
4) Information reasonably sufficient to permit Service Provider 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;
5) 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;
6) 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;
Copyright Agent
By mail:
Mediamark Interactive
75 Ninth Ave.
New York, NY 10011
Attn. x9247
By phone: (212) 884-9247
By fax: (212) 884-9339
By e-mail: ngt@mediamarkinteractive.com
Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.
For communications on other matters, please e-mail ngt@mediamarkinteractive.com
MATERIALS POSTED BY OTHERS
You agree that Service Provider, National Geographic Traveler and their third-party providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
COMMENTS BY USERS ARE NOT ENDORSED BY SERVICE PROVIDER
Service Provider and National Geographic Traveler do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on bulletin boards, forums or otherwise contained in the Site. Nor do Service Provider, National Geographic Traveler, or their third-party providers make any warranties with respect to any of the merchandise featured or mentioned in the Site. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, and do not necessarily represent the views of Service Provider, National Geographic Traveler or their third-party providers.
INDEMNIFICATION
You agree to indemnify Service Provider, National Geographic Traveler, their parent, subsidiary and affiliate companies, and each of their officers, directors, employees, agents, representatives and any third-party providers, and to defend and hold each of them harmless, from and against any and all claims and liabilities (including attorneys' fees), which may arise from your submissions, from your unauthorized use of material obtained through the Site, or from your breach of this Agreement, or from any such acts through your use of the Site.
EDITING AND DELETIONS
Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Site or its bulletin boards, in its sole discretion, without notice.
ADDITIONAL TERMS
Service Provider reserves the right to post, from time to time, additional terms of usage that apply to specific parts of the Site. Such additional terms will be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional terms.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS," AND SERVICE PROVIDER, National Geographic Traveler AND THEIR AFFILIATES AND THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE. SERVICE PROVIDER, National Geographic Traveler, THEIR AFFILIATES AND THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE.
SERVICE PROVIDER, National Geographic Traveler, THEIR AFFILIATES AND THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, National Geographic Traveler, THIRD-PARTY PROVIDERS, AND THEIR PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, INCLUDING ANY DISPUTES BETWEEN USERS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
TERMINATION OF ACCESS TO THE SITE
Service Provider has the right to terminate or suspend your ability to access the Site or any portion thereof, for any or no reason, without notice.
JURISDICTION
Service Provider and National Geographic Traveler make no representation that materials on the Site are appropriate, available or legal in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent to local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York and the United States applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in New York, New York. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
FORCE MAJEURE
Service Provider and National Geographic Traveler shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond their reasonable control, including but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.