for using Tyzo.com (the "Site"), which is provided by Smarter
Travel Media LLC ("the Company"). This Site is offered to you, the user, conditioned on
sole discretion, modify or revise these Terms at any time by updating its Terms
of Use policy. You are bound by any such modification or revision and should
1. Use of
a. This Site and the Smarter
Travel Media LLC Newsletters and other publications (collectively,
"Publications") offered by the Site are for your personal and
b. As a condition of your
use of this Site and the Publications, you warrant to the Company that you
will not use this Site or the Publications for any purpose that is unlawful or
c. All contents of this Site
and the Publications are: Copyright suppliers. You may not reproduce, copy or redistribute
the design, content or layout of the Site or the Publications, individual
elements of the Web site design, Smarter Travel Media LLC logos or other logos appearing
on this Site, photographs, and graphics, without the express written permission
of the Company. Smarter Travel Media LLC and the names of Smarter Travel
Media LLC products
and/or services referenced herein are trademarks or registered trademarks of
Smarter Travel Media LLC. All other company, product or service names referenced in this
Site are used for identification purposes only and may be trademarks or service
marks of their respective owners.
If you would like
information about obtaining the Company's permission to use any of the Material
on your Web site, e-mail email@example.com.
If you violate any of these Terms, your permission to use the Material
automatically terminates and you must immediately destroy any copies you have
made of the material.
THE INFORMATION, PRODUCTS
AND SERVICES PUBLISHED ON THIS SITE AND/OR THE PUBLICATIONS MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. SMARTER TRAVEL MEDIA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THIS SITE AT ANY TIME.
SMARTER TRAVEL MEDIA LLC AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION,
PRODUCTS AND SERVICES CONTAINED ON OR OBTAINED THROUGH THIS SITE AND/OR THE
PUBLICATIONS FOR ANY PURPOSE, OR THE RESULTS THAT MAY BE OBTAINED FROM USING
THE SITE AND/OR THE PUBLICATIONS. ALL SUCH INFORMATION, PRODUCTS AND SERVICES
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SMARTER TRAVEL
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL SMARTER TRAVEL MEDIA LLC AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE AND/OR
THE PUBLICATIONS OR WITH THE DELAY OF OR INABILITY TO USE THIS SITE AND/OR THE
PUBLICATIONS, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH
THIS SITE AND/OR THE PUBLICATIONS OR OTHERWISE ARISING OUT OF THE USE OF THIS
SITE OR THE PUBLICATIONS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF SMARTER TRAVEL MEDIA LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
to Other Sites
This Site may contain
hyperlinks to Web sites operated by parties other than Smarter Travel Media
hyperlinks are provided for your reference only. The Company does not
control such Web sites and is not responsible for their contents. The
Company's inclusion of hyperlinks to such Web sites does not imply any
endorsement of the material on such Web sites or any association with their
operators. If you decide to access third-party Web sites, you do so at your own
Section 4: Copyright
Infringement and Copyright Agent
The Company may, in
appropriate circumstances and at its discretion, remove, or disable access to,
material on the Site that infringes on the rights of others. If you believe
that your work has been used on the Site in a manner that constitutes copyright
infringement, please provide the Company's Copyright Agent with a written
notice (e-mail is sufficient) that includes the following information:
An electronic or physical signature of a person authorized to act
on behalf of the owner of the exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been
a description of where the material that you claim is infringing
is located on the Site;
your address, telephone number and e-mail address;
a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner or authorized to act upon
the copyright owner's behalf
Travel Media LLC's Copyright Agent for notice of claims of
copyright infringement on the Site is Massimo De Nadai,
Chief Financial Officer, who can be reached as following:
By postal mail: 465 Medford Street, Suite 400,
Boston, MA 02129
By phone: 617-886-5555
By e-mail: firstname.lastname@example.org
Section 5: Parental Control Software
Various parental control protections are available to help
you ensure that your children and other minors using your computer have not
been exposed to harmful material. We suggest that you look at the following Web
sites, among others, to learn more about current providers of this protection:
Section 6: Forums
If this Site contains bulletin boards, chat rooms or other
message or communication facilities (collectively, "Forums"), you
agree that you are responsible for your own communications and for any
consequences thereof. You agree to use the Forums only to send and receive
messages and material that are legal, proper and related to the particular
Forum. By way of example, and not as a limitation, you agree that when using a
Forum, you will not:
a. Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
b. Publish, post, upload, distribute
or disseminate or offer to do the same (hereinafter "Post") any
defamatory, infringing, obscene, indecent or unlawful material or information.
c. Post any material that infringes any patent, trademark,
copyright, trade secret or other proprietary right of any party (the
"Rights"), unless you are the owner of the Rights or have the
permission of the owner to post or transmit such material.
d. Post any files that contain viruses, corrupted files or
any other similar software or programs that may damage the operation of
e. Advertise or offer to sell any goods or services for any
commercial purpose, other than in Forums intended for such uses.
f. Conduct or forward surveys, contests, pyramid schemes or
chain letters, other than in Forums intended for such uses.
g. Download any file Posted by another
user of a Forum that you know, or reasonably should know, cannot be legally
distributed in such manner.
h. Impersonate another person or entity, or 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 Posted.
i. Restrict or inhibit any other user
from enjoying the Forums.
Media LLC does not control the information delivered to
the Forums, and Smarter Travel Media LLC has no obligation to monitor the Forums.
However, Smarter Travel Media LLC reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request.
Media LLC does not endorse, support, represent or
guaranty the truthfulness, accuracy, or reliability of any communications
Posted in the Forums or endorse any opinions expressed in the Forums. You
acknowledge that any reliance on material Posted in the Forums will be at your
If notified by a User of communications which allegedly do
not confirm to any term of this Agreement, Smarter Travel Media LLC may investigate the
allegation and determine in good faith and in its sole discretion whether to
remove or request the removal of the communication. Smarter Travel Media LLC will have no
liability or responsibility for performance or non-performance of such
activities. Smarter Travel Media LLC reserves the right to terminate or restrict your
access to any or all of the Forums at any time without notice for any reason
whatsoever, including your violation of these terms. You acknowledge that some
Forums available through the Site are available only through the Site and other
are available both through the Site and other sources,
such as Usenet, over which Smarter Travel Media LLC has no control.
Media LLC reserves the right to remove, abridge or
redact contact posted to any forum.
You acknowledge that all Forums are public and not private
communications, and that therefore others may read your communications without
your knowledge. Always use caution when giving out any personally identifying
information about yourself or your children in any Forum. Smarter Travel
Media LLC does
not control or endorse the content, messages or information found in any Forum
and, therefore, Smarter Travel Media LLC specifically disclaims any liability with regard
to the Forums and any actions resulting from your participation in the Forum.
Generally, any communication which you post to the Site (whether in chat rooms,
discussion groups, message boards or otherwise) is considered to be
non-confidential. If particular Web pages permit the submission of
communications that will be treated by Smarter Travel Media LLC as confidential, that
fact will be stated on those pages. For more information see Smarter Travel
By posting communications
on or through the Site, you automatically grant Smarter Travel Media LLC a royalty-free,
perpetual, irrevocable, non-exclusive license to use, reproduce, modify,
publish, edit, translate, distribute, perform, and display the communication
alone or as part of the other works in any form, media, or technology whether
now known or hereafter developed, and to sublicense such rights through
multiple tiers of sublicensees.
Section 7. General
a. Smarter Travel
Media LLC is concerned with protecting your privacy.
This policy may be changed at any time, with or without written notice. All
b. Smarter Travel
Media LLC reserves the right to change the terms,
conditions and notices under which this Site is offered. Smarter Travel
provides information on, accepts advertising from, and provides links to
third-party vendors. Offers from these vendors that may be mentioned on the
Site or in the Publications are often subject to change at any time, and may
have many additional restrictions and limitations. Users of Smarter Travel
content agree to confirm all aspects of third-party offers with the offering
party, and to hold Smarter Travel Media LLC harmless for any circumstances that may arise
from interactions with a third party.
c. This agreement is governed by the laws of the
Commonwealth of Massachusetts,
U.S.A., without regard to the conflicts of
laws principles thereof. You hereby consent to the exclusive jurisdiction and
venue of the Superior Court of Suffolk County, Massachusetts, and the United
States District Court of the District Court of Massachusetts, in all disputes
arising out of or relating to the use of this Site and/or the Publications. Use
of this Site is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without limitation this
d. You agree that no joint venture, partnership, employment
or agency relationship exists between you and Smarter Travel Media LLC as a result of
this agreement or use of this Site or the Publications.
e. Smarter Travel
Media LLC's performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement is
in derogation of Smarter Travel Media LLC's right to comply with law enforcement requests
or requirements relating to your use of this Site or information provided to or
gathered by Smarter Travel Media LLC with respect to such use.
f. 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.
g. This agreement constitutes the entire agreement between
the user and Smarter Travel Media LLC with respect to this Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Smarter Travel Media LLC with respect to this 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.
h. Any rights not expressly granted herein are reserved.