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Last Updated: August 4, 2007
INTRODUCTION; ACCEPTANCE OF TERMS
Please read this Terms of Use Agreement ("Terms of Use"
or "Agreement") carefully before accessing or using the
Orioli Media, LLC ("Orioli Media", "We", "Us"
or "Our") web sites, including, without limitation, www.oriolimedia.com,
www.cruisingtalk.com, www.tripforums.com, www.divingtalk.com, www.techpile.com,
www.ferrytalk.com, www.saturnspot.com and www.medcaretalk.com (collectively,
the "Site"). This Agreement sets forth the legally binding
terms for your use of the Site. By accessing or using any part of
the Site, you acknowledge that you have read, understand and agree
to be bound by these Terms of Use as well as your acceptance of Orioli
Media's Privacy Policy
(the "Privacy Policy"), whether you are a "Visitor"
(which means that you simply browse the Site) or you are a "Member"
(which means that you have registered with the Site). The term "User"
(each a "User" and collectively "Users") refers
to a Visitor or a Member. Certain features and functions made available
through the Site may be governed by additional or separate terms of
use, rules or policies. By accessing or using those features and/or
services, you are agreeing to be legally bound by such additional
or separate terms of use, rules and policies, which are incorporated
into this Agreement by this reference. If you do not agree with any
part of this Terms of Use, you should immediately cease all usage
of the Site. This Agreement contains the entire agreement between
you and Orioli Media regarding your use of the Site, and supersedes
all prior oral or written understandings and agreements relating thereto.
REVISIONS
TO TERMS OF USE
Orioli Media reserves the right, at any time, to modify, alter, or
update the terms and conditions of this Agreement without prior notice.
Modifications shall become effective immediately upon being posted
on this page (www.oriolimedia.com/terms/). Your continued use of the
Site after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. If at any time
you do not agree to any modification or amendment to this Agreement,
you agree that your sole remedy is to discontinue using the Site.
You agree to review these Terms of Use periodically so that you are
aware of any such modifications.
ELIGIBILITY
AND REGISTRATION
Certain features
and functions of the Site require you to register as a Member. Membership
in the Site is void where prohibited. In compliance with the Federal
Children's Online Privacy Protection Act of 1998 (COPPA), Users under
the age of thirteen (13) are not eligible to use the Site. We will
never knowingly request or collect personal information from any person
under the age of thirteen (13). You represent and warrant that you
have reached the age of majority and are otherwise competent to enter
into contracts in your jurisdiction, and in any event are at least
eighteen (18) years of age to agree to and enter into this Agreement
on your own behalf and to use the Site. The Site is not intended for
use by individuals under eighteen (18) years of age ("Minors").
If you are
under eighteen (18) but at least thirteen (13) years of age, you must
have your parent or guardian enter into this Agreement on your behalf
before using the Site, and such parent or legal guardian accepts sole
responsibility for: (I) monitoring their Minor's access and use of
the Site; (II) the actions of their Minor on the Site; and (III) the
consequences of any use of the Site by their Minor. You represent
and warrant that you have the right, capacity and authority to enter
into this Agreement and will abide by all of the terms and conditions
of this Agreement and Privacy Policy.
You represent and
warrant that all registration information you submit is truthful and
accurate and that you agree to maintain the accuracy of such information.
It is your responsibility to make any changes to that information.
You agree that you may not register for more than one User account;
register for a User account on behalf of an individual other than
yourself (unless they are a Minor and you are their parent or guardian
and have the legal right to do so on their behalf); or register for
a User account on behalf of any group or entity. Each registration
is for a single person only, and you agree not to authorize others
to use your password under any circumstances. You are solely responsible
for maintaining the strict confidentiality of your password for the
Site, and agree to accept responsibility for all activities that occur
under your User account. You agree to notify the Site Administrator
immediately of any unauthorized use of your User account, or any other
breach of security. By registering as a Member, you agree to allow
our staff to communicate with you personally via email and/or via
private message about your participation in the Site or related matters.
Those communications are not intended to be made public, and you agree
not to post or otherwise disseminate those communications on the Site
or elsewhere on the Internet.
MATERIAL POSTED ON THE SITE AND APPROPIATE CONDUCT
The term "Content" refers to all materials (including, but
not limited to text, files, images or photos) that you upload, post,
transmit, or otherwise make available on or through the Site. You
represent and warrant that you own all intellectual property rights
to this Content or are authorized to use and distribute this Content.
You understand and agree that Orioli Media, in its sole discretion
and without liability or notice, may remove, move or edit, any Content,
in whole or in part, that in our judgment, does not comply with this
Agreement. Orioli Media reserves the right, but is under no obligation
to, screen and monitor Content to enforce this policy.
Orioli Media does not claim ownership of your Content posted. However,
you hereby grant Orioli Media an irrevocable, royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to use, reproduce,
modify, publish, edit, translate, distribute, perform, and display
such Content alone or as part of other works in any form, media, or
technology whether now known or hereafter developed. No compensation
will be paid with respect to the use of this Content.
Orioli Media reserves the right to investigate and take appropriate
legal action against anyone who, in our sole discretion, violates
this provision, including but not limited to removing the offending
Content from the Site and terminating the User account of such violators.
You agree not to transmit through this Site any Content, or otherwise
engage in any conduct that (in our sole discretion and without limitation):
- violates or infringes
the rights of others, including without limitation patent, trademark,
trade secret, copyright, publicity or other proprietary rights;
- victimizes, harasses,
degrades, attacks or intimidates an individual or group of individuals
on any basis, including but not limited to religion, gender, sexual
orientation, race, ethnicity, age or disability;
- is intended to
promote and/or generate revenue for any third party business activity,
including but not limited to affiliate programs, multi-level marketing
schemes, link referral codes or any unsolicited commercial advertisement;
- includes personal
information such as messages which identify phone numbers, social
security numbers, account numbers or addresses;
- impersonates
another person, corporation, or entity, including but not limited
to Orioli Media or its employees or any forum leader, or falsely
states or otherwise misrepresents your affiliation with a person
or entity;
- involves pornographic
or sexually explicit material of any kind, including but not limited
to sexually suggestive imagery or language;
- promotes, furthers,
or provides instructional information about illegal activities;
- involves
profanity, including masked profanity where symbols, initials, intentional
misspellings or other characters are used to suggest profane language;
- attempts to bypass
the built-in sensor mechanism (including but not limited to, misspelling,
inserting spaces or symbols, transposing letters or using look-alike
symbols) that automatically replaces profanity and other banned
words & phrases with a series of asterisks;
- involves unauthorized
framing of or linking to the Site, or unauthorized use of any robot,
spider or other automated process on the Site;
- interferes or
attempts to interfere with the proper operation of the Site;
- bypasses any
measures used to prevent or restrict access to any portion of the
Site; or
- violates these
Terms of Use or otherwise interferes with the use or enjoyment of
this Site by others.
This Site is made
available for your personal, non-commercial use only. Organizations,
companies, and/or businesses, (including but not limited to their
associates, employees and/or designated representatives) are welcome
to participate in the Site. However, you agree you may not: (I) use
your business name as your Site User name; (II) publish or discuss
any information regarding your product and/or services, future product
and/or services, or any product and/or services you are, or have been,
associated with. This includes, but is not limited to, any contact
details, pricing information, business location, business name, web
site address (excluding signatures - you are allowed to link to your
web site address in your signatures); (III) direct Users to contact
you regarding any product and/or services you are associated with;
or (IV) solicit any external source to publish or discuss any information
regarding any product and/or services you are associated with. Failure
to abide by these Terms of Use may result in your company name being
censored from our Site.
USE OF SIGNATURES
You understand and agree that Orioli Media may,
in its sole discretion and without liability or notice,
remove or edit any signature that, in our judgment, does not comply
with this Agreement. You further agree that signatures:
must be setup in your profile and not manually added to your messages;
may not use more than four font colors (apart from standard text and
link colors provided); may contain a maximum of four clickable links;
and may contain a maximum of four smilies.
REPORTING VIOLATIONS
Please report all activity that you believe contradicts this
Agreement. If you see any Postings or other content on the Site that
you believe violates these Terms of Use, please use the "Report"
link to send Us a message about it. We have no obligation to neither
respond to your message nor delete content that you find personally
objectionable but does not violate the Agreement.
USER DISPUTES
You are solely responsible for your interactions with other Users.
Orioli Media reserves the right, but has no obligation, to monitor
disputes between you and other Users.
LINKS TO THIRD PARTY SITES.
The Site may provide,
or third parties may provide links to other websites. Because Orioli
Media has no control over such websites, you acknowledge and agree
that Orioli Media is not responsible for the availability of such
external websites, and does not endorse and is not responsible or
liable for any content on or available from such websites. You further
acknowledge and agree that Orioli Media shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such
content available on or through any such website. You acknowledge
and agree that clicking on links to and/or using such websites is
done entirely at your own risk and subject to the terms and conditions
of use for such websites.
PRIVACY POLICY
Use of the Site is also governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
Please take the time to read our Privacy
Policy.
TERMINATION OF ACCESS
Orioli Media reserves the right, in its sole discretion and without
liability or notice, to terminate your User account and access to
the Site, or any portion hereof, for any reason whatsoever, with or
without cause, including, but not limited to, your violation of these
Terms of Use or any inappropriate or unlawful behavior on your part.
Upon such termination, you must immediately cease accessing or using
the Site and agree not to re-register or otherwise make use of the
Site. You further acknowledge that Orioli Media reserves the right
in its sole discretion to take legal/technical action, or otherwise
to block, nullify or deny your ability to access the Site.
INDEMNIFICATION
You agree to indemnify, defend and hold Orioli Media, its parents,
subsidiaries, affiliates, officers, agents, licensors, and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorney's fees and costs, relating to or arising out of your use
of the Site and/or arising from a breach of this Agreement and/or
any breach of your representations and warranties set forth herein,
including but not limited to your posting of Content or other material
that infringes any copyright, trademark, trade secret, trade dress,
patent or other intellectual property rights of any person or entity,
or that defames any person, or violates their rights of privacy or
publicity, or disparages any entity.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ORIOLI MEDIA DOES NOT WARRANT
THAT THE SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE WILL
BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORIOLI MEDIA IS NOT
RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR
SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT
OF YOUR USE OF THE SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL
CONTAINED ON THIS SITE. ORIOLI MEDIA AND ITS SUPPLIERS, DO NOT ASSUME
OR ACCEPT ANY RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR THE
QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY
OF ANY CONTENT ON THE SITE. YOU ACKNOWLEDGE THAT CONTENT POSTED ON
THE SITE SHOULD BE CONSIDERED AS OPINION ONLY AND SHOULD NOT BE RELIED
UPON OR USED AS A SUBSTITUTE FOR CONSULTATIONS WITH PROPERLY QUALIFIED
PROFESSIONALS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ORIOLI MEDIA OR ITS SUPPLIERS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT
NOT LIMITED TO LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE SITE,
EVEN IF ORIOLI MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ORIOLI
MEDIA IS NOT LIABILE TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, INCLUDING BUT NOT LIMITED
TO: (I) YOUR INABILITY TO USE THE SITE OR ACCESS CONTENT THEREON;
(II) REMOVAL OF, ALTERATION OF, DELETION OF, UNAUTHORIZED ACCESS TO,
OR THEFT OF YOUR CONTENT, OR OTHER INFORMATION; (III) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY POSTED OR OTHERWISE EXPRESSED ON THE SITE
AND/OR THROUGH THE SITE; (IV) ACCESS DELAYS TO, INTERRUPTIONS TO,
SUSPENSION OF, OR TERMINATION OF THE SITE; (V) NON-DELIVERY, MISDELIVERY,
OR CORRUPTION OF CONTENT; (VI) PERSONAL INJURY; OR (VII) PROPERTY
DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
ORIOLI MEDIA'S LIABILTY TO YOU, IF ANY, FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO ORIOLI MEDIA FOR ACCESSING THE
SITE.
INTERNATIONAL USERS
The Site is controlled and operated within the United States. Orioli
Media makes no representation that any Content available on or through
the Site are appropriate or available for use outside of the United
States. If you access the Site from a location outside the United
States, you are responsible for compliance with applicable laws, including
local laws regarding online conduct and content and U.S. export laws
and regulations.
GOVERNING
LAW; VENUE AND JURISDICTION
If there
is any dispute about or in any way involving the Site, you unconditionally
agree that such dispute shall be governed exclusively by the laws
of the State of Texas, USA, without regard to the conflict of law
provisions thereof. You also agree to exclusive personal jurisdiction
and venue in the state and federal courts of the United States located
in the State of Texas, City of Houston. In the event any dispute is
brought outside of the State of Texas, USA, you agree to pay all costs
and attorneys fees associated with the enforcement of this clause,
irrespective of the ultimate resolution of the dispute.
NOTIFICATION
OF CLAIMS OF INFRINGEMENT
We respect the intellectual property of others. If you believe that
your copyrighted work has been copied and is accessible on the Site
in a way that constitutes copyright infringement, please send a written
communication to the following address:
Orioli Media, LLC
Attn: DMCA Complaints
P.O. Box 682343
Houston, Texas 77268-2343
Your written Notification of Claimed Infringement must contain the
following items to comply with Title 17, United States Code, Section
512(c)(3)(A):
- An
electronic or physical signature of the copyright owner or of the
person authorized to act on behalf of the copyright owner.
- Identification
of the copyrighted work claimed to have been infringed.
- A
description of the material that you claim is infringing, and the
location where the original or an authorized copy of the copyrighted
work exists.
- A
clear description of where the infringing material is located on
our Site, including as applicable its URL, so that We can locate
the material.
- Your
contact information, including mailing address, telephone number,
and e-mail address.
- A
statement that you have a good-faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law.
- A
statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Please
note: If you materially misrepresent that material infringes your
copyright interests, you may be liable for damages (including court
costs and attorneys fees) and could be subject to criminal prosecution
for perjury.
SEVERABILITY
If any
provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain valid and
enforceable to the maximum possible extent.
WAIVER
No delay or failure to take action under these Terms of Use shall
constitute any waiver by Orioli Media of any provision of these
Terms of Use.
TRADEMARKS
Cruising Talk is a service mark of Orioli Media, LLC. All other
brand and product names appearing on the Site are trademarks, registered
trademarks or service marks of their respective holders.
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