This Web site (www.fodors.com) is the interactive online service operated by Fodor's Travel ("Online Service Provider"), a division of Random House, Inc. on the World Wide Web of the Internet, and consists of information, services, and content provided by the Online Service Provider. "Subscriber" means each person who accesses the Online Service Provider's Web site. By accessing the Web site, Subscriber is deemed to have agreed to comply with all of the terms and conditions hereof.
The Online Service Provider shall have the right at any time to change or discontinue any aspect or feature of the Web site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
The Online Service Provider shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of the Web site or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Web site or by any means of notification by which Subscriber obtains actual knowledge thereof. Any use of the Online Services by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications, additions or deletions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Online Services and all charges related thereto.
5. Subscriber conduct.
(A) Subscriber shall use the Web site for lawful purposes only. Subscriber shall not post or transmit through the Web site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute criminal offense, give rise to civil liability or otherwise violate any law, or which, without Online Service Provider's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Online Service Provider's discretion restricts or inhibits any other subscriber from using or enjoying the Web site will not be permitted.
(B) The Web site contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Web site are copyrighted as a collective work under the United States copyright laws. The Online Service Provider owns and/or controls copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Online Service Provider and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
(C) Subscriber shall not upload, post or otherwise make available on the Web site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber may upload public domain materials and is responsible for and assumes all risks with respect to the determination of whether materials uploaded are in the public domain. Subscriber shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such submission. Subscriber hereby grants the Online Service Provider the non-exclusive right without limitation to edit, copy, publish and distribute any material made available on the Online Services by Subscriber, including but not limited to any material posted by Subscriber on the Web site's bulletin boards and forums, and any email queries submitted by Subscriber to the Online Service Provider, including without limitation publish and distribute such material on the Web Site and in any print publications published and distributed by Online Service Provider or any of its affiliates. Specifically, without limitation, the Online Service Provider may from time to time reproduce selected Subscriber email queries on its bulletin boards or forums so that other subscribers may respond hereto.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT SUBSCRIBER'S SOLE RISK. FODOR'S DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ONLINE SERVICES.
(B) THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THE ONLINE DISTRIBUTOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
The Online Service Provider shall have the right, but not the obligation, to monitor the content of the Web site, including bulletin boards and forums, to determine compliance with this Agreement and any operating rules established by the Online Service Provider. The Online Service Provider shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web site. Without limiting the foregoing, the Online Service Provider shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any Subscriber who fails to conform to any provision of this Subscriber's Agreement access to the Web site.
Subscriber agrees to indemnify and hold harmless Fodor's Travel and Random House, Inc. from and against all claims and expenses, including attorneys' fees, arising out of the use of the Web site by Subscriber or Subscriber's Account.