Agreement between user and Travel Well Magazine
Welcome to Travel Well Magazine. The travelwellmagazine.com website (the “Site”) is comprised of various web pages operated by Travel Well Magazine, LLC (“Travel Well”). Travelwellmagazine.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of travelwellmagazine.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
These Terms govern your access to and use of the websites, products, data, services, and Content provided to you on, from, or through the travelwellmagazine.com website, mobile or tablet apps, any Travel Well software, and any applications created by Travel Well whether available through a social networking site or its subsidiaries or affiliated companies (“Service”). We reserve the right to withdraw or amend the Service, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. As used herein, “Content” includes the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Service.
Travelwellmagazine.com is an Information Site
The purpose of Travel Well is to provide resources on how to travel and live in a way that’s sustainably healthy for you and the world you explore.
Conditions for General Use
Travel Well provides Content through its website and through the Service that is copyrighted and/or trademarked work of Travel Well or Travel Well’s third-party licensors and suppliers or other users of the Content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Travel Well hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Service, including Travel Well’s website, solely for your personal use. Except for the foregoing license, you have no other rights in the Service, including Travel Well’s website, or any Content, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service, including Travel Well’s website, or any Content in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Content.
Access and Use of the Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:
- Content is provided to you “AS IS”. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You shall not download any Content unless you see a “download” or similar link displayed by Travel Well on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any purposes. Travel Well and its licensors reserve all rights not expressly granted in these Terms to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Travel Well is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Travel Well with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Travel Well, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
- YouTube videos viewable on Travel Well are governed by YouTube’s Terms of Service.
Visiting travelwellmagazine.com or sending emails to Travel Well constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
The Service may include and may make use of certain functionality and services provided by third-parties that allow Travel Well to include maps, geocoding, places and other content from third-parties as part of the Service.
General Registration Requirements
In order to access some features of the Service, you may have to create a Travel Well account.
- You agree to provide accurate and complete information when creating your account, and it is your responsibility to maintain and promptly update your account information to keep it true, accurate, current and complete.
- Travel Well’s Content is not directed to persons under 18 years of age, and by providing information about yourself to Travel Well you are representing that you are eighteen 18 years of age or older. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
- If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Travel Well reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
Account Password and Security
- You may never use another’s account without permission.
- You may not share, give or sell your password or username to any other person or entity.
- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Travel Well immediately of any breach of security or unauthorized use of your account.
- Although Travel Well will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Travel Well or others due to such unauthorized use.
- Travel Well reserves the right to terminate any user account it believes has been compromised, or is being used fraudulently, at its own discretion.
- Currently, Travel Well also provides you with the ability to register for an account on the Service using your existing account and log-in credentials through certain third-party websites, which may change from time to time.
Your Content and Conduct
- As a Travel Well account holder you may submit Content to the Service, including photos, videos, video collections and user comments. You understand that Travel Well does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Travel Well all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Travel Well, you hereby grant Travel Well a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Travel Well’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Travel Well may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- Travel Well does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Travel Well expressly disclaims any and all liability in connection with Content. Travel Well does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Travel Well will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Travel Well reserves the right to remove Content without prior notice.
- Travel Well may at any time, without prior notice and in its sole discretion, remove or modify such Content and/or terminate a user’s account for submitting material in violation of these Terms of Service.
- You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you to or through the Service.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Travel Well, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Travel Well is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Travel Well is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
- Subscription Fees and Cancellation/Refund Policy: If you purchase a subscription, you agree to pay the charges made to your account in connection therewith. You will be charged in accordance with the billing terms you agreed to at the time you signed up. Subscriptions automatically renew each month, which means that by signing up for a subscription membership you are agreeing to have your credit card automatically billed each month until you cancel your subscription. If you do not pay on time or if Travel Well cannot charge your credit card or other payment method for any reason, Travel Well reserves the right to either suspend or terminate your access to the Service and terminate these Terms. You may cancel your subscription at any time, but note that your cancellation will take effect starting at the end of your current billing period. If you cancel mid-month, your cancellation will take effect as of the following month. There are no refunds on subscriptions for billing periods that have already lapsed. Each membership and the rights and privileges provided to a member is personal and non-transferable.
- Authorization: When you provide a payment method to Travel Well, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the subscription membership. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. EVEN IF YOU DO NOT USE THE SUBSCRIPTION MEMBERSHIP OR ACCESS THE TRAVEL WELL APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
- Changes: Travel Well may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Travel Well’s sole discretion. Travel Well may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you do not cancel your subscription, you will be deemed to have accepted the new fees.
Travel Well is not responsible for any injuries that result from participating in the activities shown on the Service. You expressly waive and release any claim that you may have at any time for injury of any kind against Travel Well, or any person or entity involved with Travel Well, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
By using the Service you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You are responsible for exercising within your limits and seeking medical advice and attention as appropriate. Not all exercises are suitable for everyone. You understand that it is your responsibility to judge your physical and mental capabilities for such activities and to ensure that by participating in classes and activities from Travel Well, you will not exceed your limits while performing such activity. You will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have.
It is advised that you seek the advice of a physician before beginning any physical exercise regimen, routine, or program, including participating in the activities shown on the Service, including the use of any suggested equipment shown in any of the Content. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy or have physical discomfort, you should stop immediately.
You understand that, from time to time instructors may suggest the use of equipment, physical adjustments, poses, moves and instruction and it is your sole responsibility to determine if any such suggestions or comments are appropriate for your level of ability and physical and mental condition. All such suggestions and comments are not required to be performed by you and are carried out at your election while viewing Travel Well videos and using the Service. Nothing contained in the Service should be construed as any form of medical advice or diagnosis.
Links to third party sites/Third party services
Travelwellmagazine.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Travel Well and Travel Well is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Travel Well is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Travel Well of the site or any association with its operators.
Certain services made available via travelwellmagazine.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the travelwellmagazine.com domain, you hereby acknowledge and consent that Travel Well may share such information and data with any third party with whom Travel Well has a contractual relationship to provide the requested product, service or functionality on behalf of travelwellmagazine.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Travel Well or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Travel Well content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Travel Well and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Travel Well or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Travel Well has no obligation to monitor the Communication Services. However, Travel Well reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Travel Well reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Travel Well reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Travel Well’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Travel Well does not control or endorse the content, messages or information found in any Communication Service and, therefore, Travel Well specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Travel Well spokespersons, and their views do not necessarily reflect those of Travel Well.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to travelwellmagazine.com or posted on any Travel Well web page
Travel Well does not claim ownership of the materials you provide to travelwellmagazine.com (including feedback and suggestions) or post, upload, input or submit to any Travel Well Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Travel Well, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Travel Well is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Travel Well’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Travel Well from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Travel Well Content accessed through travelwellmagazine.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Travel Well, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Travel Well reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Travel Well in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRAVELWELLMAGAZINE.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TRAVELWELLMAGAZINE.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRAVELWELLMAGAZINE.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Travel Well reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Travel Well as a result of this agreement or use of the Site. Travel Well’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Travel Well’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Travel Well with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Travel Well with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Travel Well with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Travel Well reserves the right, in its sole discretion, to change the Terms under which travelwellmagazine.com is offered. The most current version of the Terms will supersede all previous versions. Travel Well encourages you to periodically review the Terms to stay informed of our updates.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
Effective as of September 29, 2014