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Terms of Use for Isitsafetovisit.com Website

This site (“Site”) is owned and operated jointly by Downtempo, LLC and Taco Lab, LLC (collectively, the “Companies” or “we” or “us”). Please feel free to browse this Site; however, your access to, and use of, this Site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing this Site, you indicate your acknowledgement and acceptance of these Terms and Conditions. From time to time, we may modify the Terms and Conditions. Accordingly, please continue to review the Terms and Conditions whenever accessing or using the Site. Your use of the Site, or any service on the Site, after the posting of modifications to the Terms and Conditions, will constitute your acceptance of the Terms and Conditions, as modified. If at any time you do not wish to accept the Terms and Conditions, you may not use the Site. Any terms or conditions proposed by you that are in addition to or which conflict with the Terms and Conditions are expressly rejected by the Companies and shall be of no force or effect.

License To Use Site

Subject to your performance of all of the provisions of this Agreement, the Companies hereby grant you a limited, terminable, personal, non-exclusive license to access and use the Site solely as provided herein. You may use the Site solely for personal and non-commercial purposes. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Companies. Your right to use the Site is not transferable. You acquire no rights or licenses in or to the Site and materials contained therein other than the limited right to utilize the Site in accordance with the Terms and Conditions. If you are interested in commercial use of the Site, please contact us via email at for permission.

Data Rights

Any and all information that we obtain from you, including names, addresses, telephone numbers, e-mail addresses, and any other information, may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: http://www.isitsafetovisit.com/about/privacy_policy/.

Restrictions

None of the material relative to the Site may be downloaded, distributed, reproduced, republished, incorporated into any information retrieval system, posted, transmitted or copied in any form or by any means, without the prior written permission of the Companies and/or the copyright owner. You acknowledge that the Site has been developed, compiled, prepared, revised, selected and arranged by the Companies and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Companies and others.

User Conduct

You understand that the Site is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Site to:

  • Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Intimidate or harass or advocate harassment of another;
  • Use or attempt to use another’s account, service or system without authorization from the Companies, or create a false identity on the Site;
  • Exploit people in a sexual or violent manner;
  • Provide nudity, violence, or offensive subject matter or provide a link to an adult web site;
  • Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;
  • Promote an illegal or unauthorized copy of another party’s copyrighted work;
  • Solicit passwords or personal identity information for commercial or unlawful purposes from other users; or
  • Solicit money from others.
  • Additional User Representations

    By using the Site, you represent, warrant and covenant that you: (i) have the power and authority to enter into this Agreement; (ii) shall not use any rights granted hereunder for any unlawful purpose; (iii) shall use the Site only as set forth in these Terms and Conditions; and (iv) are thirteen years of age or older. If you are under the age of 13, you are not allowed to register or provide any information on Isitsafetovisit.com. The Companies may terminate your account and/or prohibit you from using or accessing the Site if we believe you are under 13 years of age.

    Password

    When you sign up for a user account, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Your username and password are not transferable.

    User Content

    You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“User Content”) posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such User Content originated. More specifically, you are entirely responsible for each individual item of User Content that you post, email or otherwise make available via the Site. You understand that the Companies do not control, and are not responsible for User Content made available through the Site, and that by using the Site, you may be exposed to User Content that is inaccurate, misleading, incomplete, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, and that under no circumstances will the Companies be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted or otherwise made available via the Site. You acknowledge that the Companies do not pre-screen, monitor or approve User Content, but that the Companies shall have the right (but not the obligation) in its sole discretion to refuse, delete, edit or move any User Content that that you post, or to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site, for violating the letter or spirit of these Terms of Use or for any other reason.

    By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Companies a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, publish, display, reformat, excerpt (in whole or in part) and distribute such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. You also represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

    Copyright Infringement Policy

    The Companies respect the rights of all copyright holders and in this regard, the Companies have adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Companies' Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Companies’ Copyright Agent for notice of claims of copyright infringement can be reached as follows:

    Downtempo, LLC
    Attn: Copyright Agent
    1890 Bryant St., Suite 305
    San Francisco, CA 94110

    The Companies will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

    Copyright/Trademark

    The trademarks, logos and service marks (“Marks”) displayed on the Site, are the property of the Companies or third parties and cannot be used without the written permission of the Companies or the third party that owns the Marks. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. Users are prohibited from using, transferring, disposing of, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of or using any content on the Site for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Companies or any third party.

    Ownership Of Materials

    The Companies exclusively own all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site and all modifications and derivative works thereof, and all intellectual property rights related thereto.

    No Warranties

    All information on the Site is provided to you “as is, as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and express or implied warranties of title, non-infringement, security and accuracy. The Companies do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than the Companies. Use of the Site is at your sole risk and neither the Companies nor any of its affiliates, suppliers, employees or agents warrant that the Site will be uninterrupted or error free or that errors will be corrected. Other than as required under applicable consumer protection law, under no circumstance will the Companies be liable for any damages of any kind arising from the use of this Site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site.

    Content Disclaimer

    You acknowledge that all content contained on this Site is for informational purposes only and is not endorsed or approved by any government. The Companies make no claims and/or guarantees as to the effectiveness of the information contained herein. Always seek the advice of a qualified travel professional with any questions you may have regarding travel decisions, or any other information that is either contained in or referred to on the Site. Never disregard professional advice due to anything you have read on this Site. Travel decisions should be made by individuals based on common sense and reliable sources, and not solely on anything you read on this Site!

    The Companies do not recommend, guarantee, or endorse any third party opinions, advice or other information that is posted on the Site by individuals or entities other than the Companies. Reliance on any third party information posted on this Site is solely at your own risk.

    The Companies do not make any representations or warranties of any nature whatsoever regarding the accuracy, effectiveness, negative impact, completeness, or usefulness of any information contained on the Site, nor does it assume any legal liability or responsibility for the accuracy, effectiveness, detriment or usefulness of any information, or advice contained on or referred to on the Site.

    User Disputes

    You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.

    Indemnification

    You shall indemnify, defend and hold harmless the Companies, and their respective members, managers, officers, directors, employees, suppliers, agents, subsidiaries, affiliates, successors and assigns (each an “Indemnitee”) from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement (b) your use of the Site and any transaction or other activity that arises from or is otherwise related to the Site; (c) any and all claims, demands, legal action or judgments arising out of or relating to any use of the Site; and/or (e) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay the expenses of such Indemnitee, as provided above, such Indemnitee shall have the right to defend itself, and in that case, you shall reimburse such Indemnitee for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of such Indemnitee’s written requests.

    Limitation Of Liability

    The Companies shall have no liability or obligation to you or any other person for any claim, loss, damage or expense caused in whole or in part, directly or indirectly, by the inaccuracy or inadequacy of any information contained on the Site, or by any delay in the Companies’ performance or for any special, direct, indirect, incidental, consequential, exemplary or punitive damages, however caused, including without limitation, property damage, personal injury or loss of business or profit, whether or not you informed the Companies of the possibility or likelihood of any such damages. Additionally, the Companies shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, whether foreseeable or not, that are in any way related to this Agreement, the breach thereof, the use or inability to use the Site, the results generated from the use of the Site, loss of goodwill or profits, lost business however characterized and/or from any other cause whatsoever.

    Communications On Internet; Events Beyond Our Control

    Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While the Companies have endeavored to create a secure and reliable Site, the Companies and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Companies cannot guarantee your ability to access the Site at all times, or that the Site will be secure, uninterrupted, or error-free. The Companies and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of the customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.

    Confidentiality Of User Communications

    Except as required or permitted by law, the Companies will maintain the confidentiality of all user communications that contain personal user information and are transmitted directly to the Companies. Your use of the Site is subject to our Privacy Policy, which is part of these Terms and Conditions.

    Linked Internet Sites

    The Companies are not responsible for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user's own risk.

    Changes To Terms And Conditions

    The Companies reserve the right to revise these Terms and Conditions at any time and users of the Site are deemed to be apprised of and bound by any changes to these Terms and Conditions.

    Termination By the Companies

    The Companies may terminate this Agreement at any time, for any reason, with or without notice to you. You agree that immediately upon termination of this Agreement, whether or not you receive notice of such termination, the license herein shall be immediately terminated and you shall not have any further rights to use the Site. Upon termination of the license granted hereunder, the Companies’ obligations to you shall cease.

    Governing Law/Venue

    These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California for agreements to be performed entirely within the State of California, without regard to choice of law provisions. Both parties irrevocably submit to the jurisdiction of the state or federal courts located in Los Angeles County, California, for any action or proceeding regarding this Agreement, and both parties waive any right to object to the jurisdiction or venue of the courts in Los Angeles County, California.

    Miscellaneous

    To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision. This Agreement, including our Privacy Policy which is incorporated by reference, constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes all prior or contemporaneous understandings or agreements, whether oral or written regarding the subject matter hereof.