Terms of Use - Posh Voyage

Welcome to poshvoyage.com (the “Site”). The Site and any modifications of the Site are offered to you by Posh Voyage LLC (“Posh Voyage”, “we”, “us”, or “our”) under the terms and conditions of these Terms of Use. Any new features made available to you by us that augment, enhance or modify the current Site will also be subject to the terms and conditions of these Terms of Use.

PLEASE READ THE TERMS OF USE CAREFULLY; BY VIEWING, BROWSING, ACCESSING OR USING THIS SITE AUTOMATICALLY OR OTHERWISE, YOU AGREE TO ACCEPT AND BE LEGALLY BOUND BY THE TERMS OF USE, AND REPRESENT TO US THAT YOU HAVE AUTHORITY TO ENTER INTO THE TERMS OF USE.

Because the Site is constantly evolving, we reserve the right to change these Terms of Use occasionally. The changes will appear in an updated version of the Terms of Use appearing on the Site. You are responsible for regularly viewing the Terms of Use. Your subsequent viewing, browsing, accessing or use of the Site constitutes your acceptance of any changes in the Terms of Use.

Content on the Site. The Site may contain or provide information, graphics, images, photographs, icons, designs, news, editorials, weather, critiques, recommendations, tips, classifieds, press releases, brochures, documents, text, data, advertisements, video, audio, music, feeds, services, software technology, and other materials (the “Content”). All Content is protected by United States and international copyright law and other intellectual property laws and is owned by Posh Voyage LLC or other respective owners that have granted Posh Voyage the right and license to use such materials. This Site is solely for your personal, non-commercial use. The Content may be changed, updated or removed without notice. We may also make improvements and/or changes in the products, services and/or the programs described in this Content at any time without notice. All trademarks, service marks, trade names, and logos (collectively, the “Marks”) are registered and unregistered trademarks of Posh Voyage or other respective owners that have granted Posh Voyage the right and license to use such Marks. Nothing on this Site should be construed as granting any license or right to use any Mark displayed on the Site. You may not use any Marks without the prior written permission of Posh Voyage.

Our Limited License to You. You may use the Content only for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content only for your personal, non-commercial use, provided you do not remove or modify any trademark, copyright, or other notices contained in that Content. You may not use the Site or the Content in any way that constitutes an infringement of our or our licensors’ intellectual property rights or violation of the privacy rights of others or that we have not specifically authorized in writing. You may not modify, copy, reproduce, republish, upload, post, re-post, transmit, translate, sell, create derivative works based upon, exploit, display, perform, or distribute the Content in any manner or in any medium without our written authorization. To request permission to use the Content in a way not authorized in writing here or in any additional terms and conditions found on the Site or provided by us, please contact stefanie@poshvoyage.com.

User Submissions. The Site may include various features and services, such as bulletin boards, chat rooms, blogs, web logs, discussion forums, feedback, bulletin board services, news groups, questionnaires, surveys, and other communication facilities or interactive areas, designed to provide you with forums in which to express your opinions and submit and share ideas, information, and materials, including, without limitation, data, text, files, links, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, testimonials. events, calendars, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information (collectively, “Submissions”). You are responsible for the Submissions you post on our Site. We are not responsible for the Submissions that you or other users post on the Site. We are not obligated to, and we do not, monitor, pre-screen or pre-approve the interactive areas of the Site. However, we reserve the right to edit, remove, or to refuse to post, any Submission, in whole or in part, for any or no reason, including, but not limited to, any Submission that violates the Terms of Use or is otherwise objectionable, in our sole discretion.

Your License to Us. You retain all of your ownership rights in your Submission. However, by submitting any Submissions to us or to or through the Site, you grant to us, and to our sublicensees, an unrestricted, worldwide, royalty-free, transferable, sublicensable, non-exclusive, perpetual, and irrevocable right and license, without the requirement of any permission from or payment (or other consideration) to you or to any other person or entity, to use, re-use, reproduce, transmit, print, publish, modify, edit, alter, create derivative works based upon, display, exhibit, publicly perform, distribute, re-distribute, host, store, cache, archive, index, categorize, comment on, broadcast, stream, adapt, and translate the Submissions and any ideas, concepts, know-how or techniques contained in or conveyed by the Submissions, in whole or in part, in any and all formats and channels now known or hereafter developed (including, without limitation, on other affiliated sites, and on third party websites) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution services. In addition, you hereby grant us and our sublicensees the right, on an unrestricted, worldwide, royalty-free, non-exclusive, perpetual and irrevocable basis, to reproduce and use your name, likeness, image and voice (together with all trademark rights therein) on or in connection with the use of the Submission and in any and all promotion or advertising material related thereto.

Not Confidential. You understand that all Submissions you transmit to us and the Site will be treated as non-confidential and non-proprietary. You acknowledge that anything you submit to the Site by way of any Submissions is routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such Submission. You acknowledge that the Submissions and features on the Site are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including, without limitation, a forum or blog, that information can be collected and used by people you do not know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You understand that we may publish your username in connection with any Submission. If you use your legal name as your username, then your legal name may be published.

No Fiduciary Relationship. You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users.

No Guarantee of Accuracy, Integrity or Quality of Submissions. We do not control, and are not responsible for, and do not guarantee the accuracy, integrity or quality of, the Submissions made available through this Site. By using this Site, you may be exposed to Submissions that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using this Site, you agree to accept such risks and you agree that we are not responsible for the acts or omissions of users on this Site. We may now or in the future provide you a mechanism or click button to allow you to report any Submission you may find objectionable. But please understand that in so doing we do not guarantee that any such Submission will be removed, edited or deleted, and we are not responsible or liable for our refusing or failing to remove, edit or delete a Submission you find objectionable. You agree that you must evaluate and bear all risks associated with your use of and reliance on this Site and any of its Submissions. You also agree that under no circumstances will we or any of our affiliated entities be liable in any way for any Submission or for any loss or damage of any kind incurred as a result of the use of any Submission posted, emailed or otherwise made available via this Site.

Not Endorsed by Us. You acknowledge that the substance, views and opinions expressed in the Submissions are those of the author or submitting user solely and do not necessarily reflect our, or our affiliated companies’ views or opinions. You should make your own evaluation of the content, views, and opinions expressed in the Submissions. We and our affiliated companies are not responsible for and do not endorse, guarantee, or warrant any content, views, opinions, products, advice, recommendations or services referenced, posted or sent by the authors or submitting users through this Site. In fact, we specifically disclaim any and all liability in connection therewith.

Links. This Site may permit you to link to Submissions on the Site for personal, non-commercial purposes only.

Your Representations. You represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Submissions; (b) your Submissions are your original work and not owned by any other party (or that you are making your Submission with the express consent and permission of the owner of the Submissions); (c) your Submissions are accurate, current and complete; (d) your Submissions, your use of the Site, and the use of the Submissions by us and/or our sublicensees will not infringe or misappropriate any copyright, trademark, service mark, trade secret, patent, or other intellectual property or proprietary rights of any third party, including, but not limited to, rights of privacy or publicity; (e) your Submissions, your use of the Site, and the use of the Submissions by us and/or our sublicensees shall not violate any applicable law or regulation, including, but not limited to, any applicable advertising or other laws or regulations, or cause injury to any person or damage to any property; (f) your Submissions and your use of the Site will not violate any agreements between you and a third party; (g) (i) to the extent you made statements about Posh Voyage’s products or services, such statements represent your current honest opinions, findings, beliefs, or experience; (ii) to the extent that you suggest you use or have used Posh Voyage’s products or services, you do in fact use them or have in fact used them; and (iii) to the extent that you express a preference over other similar products or services, you do in fact have such preference.

Prohibited Uses of the Site. You are prohibited from posting or transmitting to or from this Site anything unlawful, threatening, libelous, defamatory, infringing, obscene, scandalous, inflammatory, pornographic, or profane, or any other material that could rise to any civil or criminal liability under the law. You also agree that you will not post or transmit Submissions that contain a virus or any other harmful component, attempt to gain unauthorized access to the Site or any of its features by means such as hacking, mining, or other means not intentionally made available through the Site, misrepresent yourself or your affiliation with any person or entity, represent that we endorse or support the content of your Submissions, collect Content or other material on the Site using any unauthorized means, including, without limitation, scraping, indexing, “bots,” or other automated methods of gathering content without our express written consent, or circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or other material or enforce limitations on use of the Site or any Content or other material therein. We reserve the right, but disclaim any obligation or responsibility, to (i) remove any Submission from the Site or affiliated websites that violates these Terms of Use (including, without limitation, this prohibited conduct provision), and (ii) comply with any subpoena, order and otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Site or affiliated websites in violation of the law or alleged to have information related to an investigation. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such Submission and turn all or a portion thereof over to law enforcement officials.

Linking and Framing. We welcome links to the Site. If you operate a website, you may include on your website a link to this Site, as long as the link does not falsely imply or state that we sponsor, endorse, or are otherwise affiliated with your site. You may not frame this Site, or otherwise incorporate the Content or Submissions into another website, without our prior written authorization.

Notice of Copyright Infringement

f you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on the Site in a way that infringes your copyright rights, please inform our designated Copyright Agent by sending written notice by U.S. Mail to Posh Voyage LLC, Attn: Copyright Agent, 1999 McKinney Avenue, Suite 1604, Dallas, TX 75201, or by email to stefanie@poshvoyage.com. Pursuant to the Digital Millennium Copyright Act, to be effective you must include the following information in your written notice:

A detailed description of the copyrighted work you believe is being infringed;
A description (such as the subdomain link) of the location on the Site where the allegedly infringing content appears;
Your contact information, including your name, address, telephone number, and, if available, email address;
A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
An original or electronic signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Please note that notice to the designated Copyright Agent is only for reporting claims of copyright infringement on the Site. Contacts for other matters are provided elsewhere through this Terms of Use or on the Site.

Links to Third-Party Websites. The Site may include links and pointers to websites that are owned, operated, or maintained by third parties. A link from this Site to another website is provided solely as a convenience to you, and does not imply an endorsement or sponsorship of that website or anything relating to that website, nor of the business practices of such other businesses, entities or individuals. We do not control and are not responsible for any content, advertising, products, services or materials offered on or available from third-party websites. We are not responsible for availability of any third-party website or any damages you incur or any claims you may have relating to or arising out of a third-party website or the content made available on or through it. A third-party site may have privacy policies and terms of service that differ from ours, and we have no liability or responsibility for those policies or terms. If you have any questions or concerns about anything relating to another website, please direct your questions or concerns to the operator of that website.

GENERAL DISCLAIMER. THE SITE, THE CONTENT, THE SUBMISSIONS AND ANY INFORMATION, PRODUCTS AND SERVICES OFFERED OR PROVIDED THROUGH THE SITE OR ANY THIRD-PARTY WEBSITES ACCESSED VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT MAKE ANY WARRANTY THAT THE SITE OR ANY OF ITS FEATURES, FUNCTIONS OR SERVERS THAT MAKE IT AVAILABLE WILL BE ERROR-FREE, ACCURATE, RELIABLE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, INCLUDING VIRUSES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE, THE CONTENT, THE SUBMISSIONS, OR ANY THIRD-PARTY WEB SITES ACCESSED VIA THE SITE, OR THE RESULTS OF YOUR USE OF THE SITE, THE CONTENT, THE SUBMISSIONS OR ANY THIRD-PARTY WEB SITES, WILL BE CORRECT, ACCURATE, TIMELY, COMPLETE, OR RELIABLE OR WILL MEET YOUR SATISFACTION OR REQUIREMENTS.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

LIMITATION OF LIABILITY. NEITHER WE, NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, INFORMATION PROVIDERS, LICENSORS AND SUBLICENSEES (“OUR RELATED AFFILIATES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE CONTENT, THE SUBMISSIONS, OR ANY THIRD-PARTY FEATURES, CONTENT, MATERIAL, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR OR OUR RELATED AFFILIATES’ AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY) IN ANY WAY CONNECTED WITH THE SITE, THE CONTENT, THE SUBMISSIONS OR ANY THIRD-PARTY FEATURES, CONTENT, MATERIAL, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR FIFTY DOLLARS (US $50) (WHICHEVER IS LESS). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES. IN SUCH STATES, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, INFORMATION PROVIDERS, LICENSORS AND SUBLICENSEES, IS LIMITED TO THE FULLEST EXTENT PERMITTED UNDER SUCH STATE LAW. WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR UNLAWFUL CONTENT PROVIDED BY, OR CONDUCT OF, ANY USER OR CONTAINED IN THE SUBMISSIONS. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE NOT SATISFIED WITH THE SITE, THE CONTENT, THE SUBMISSIONS, ANY OTHER FEATURES, CONTENT, MATERIAL, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE, OR WITH THE TERMS OF SERVICE OR PRIVACY POLICY, IS TO DISCONTINUE USE OF THE SITE.

Indemnity. You agree to defend, indemnify, and hold us and our parent, subsidiaries, affiliates and our officers, directors, employees, contractors, agents, shareholders, information providers, licensors, and sublicensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of these Terms of Use or our Privacy Policy or claims arising from your use of or reliance on the Site, the Content or Submissions, (ii) your Submissions, (iii) your infringement or violation of any intellectual property right or other right of any person or entity, or (iv) any willful misconduct by you.

Termination. We may terminate your right to view, browse, access and/or use the Site or any feature or part of the Site at any time, without notice to you. If we terminate your right to view, browse, access and/or use the Site, or any feature or part of the Site, the restrictions imposed on you with respect to Content or Submissions downloaded from the Site, the prohibition on certain conduct, the disclaimers, your representations, your indemnity, and the limitations on liability included in these Terms of Use, shall survive such termination.

Entire Agreement. These Terms of Use constitute the entire agreement between you and us about the subject matter contained in these Terms of Use, and supersede all prior and contemporaneous agreements or other communications (written or oral) between you and us.

Governing Law. These Terms of Use, our Privacy Policy and your use of the Site, the Content, and the Submissions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. If any proceedings arise out of these Terms of Use or your use of the Site, the Content, or the Submissions, the venue for such proceedings shall be in a federal or state court in Dallas County, Texas. We control and operate this Site from the United States. We make no representation that materials on the Site are appropriate or available for use in any particular location. You acknowledge that you choose to access the Site on your own initiative and are responsible for compliance with any applicable local laws.

General. If any provision of these Terms of Use or Privacy Policy is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Policy and all agreements and notices incorporated herein may be automatically assigned by Posh Voyage, in our sole discretion, to a third party. You may not assign your obligations to any other entity.

Last Modified March 17, 2014