PLEASE READ THESE TERMS OF USE CAREFULLY. They explain the terms and conditions governing your interaction with websites controlled by The Five Star Travel Corporation and/or its subsidiary and affiliated entities (collectively, "Forbes Travel Guide", "we", "us", or "our"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE OR ACCESS OUR WEBSITES.

A. GENERAL TERMS AND CONDITIONS

Scope. The Terms of Use apply to all of the websites where these Terms of Use are posted, and to your use of any content, materials, features, and services offered on them. Additional terms and conditions may apply to some services offered on the websites. Such terms and conditions may be found at the place on the websites where the relevant service is offered. If there is a conflict between these Terms of Use and terms posted for a specific portion of our websites, the terms and conditions for that specific portion of our websites shall apply.

Updates to the Terms of Use. We may update these Terms of Use at any time, with or without advance notice. In the event there are significant changes, we will display a notice on the website or send you an email, so that you may review the changed terms prior to continuing to use the website. If you object to any of the changes to the Terms of Use, and you no longer wish to use the website, you may close your account. Using the websites after a notice of changes has been sent to you or published on our website shall constitute consent to the changed terms or practices.

Use of Site by Minors and Children Under the Age of 13. If you are a minor, please be sure to get your parents to review and discuss these rules with you, and get their permission, before using our websites. This website is not intended or designed for use by people under the age 13. Any user under the age of 13 should leave the website.

Acknowledgment of Terms. By using our websites, you acknowledge that you have read these Terms of Use and agree to them. You further affirm your agreement by becoming a registered user or submitting content or materials to or through our websites.

B. PRIVACY POLICY

To understand how and what information we collect, and how we may use or disclose such information, please carefully read our Privacy Policy. By using our websites, you acknowledge that you have read our Privacy Policy and consent to our privacy practices. You further affirm your consent by becoming a registered user or submitting content or materials to or through our websites.

C. PROFILES, LOGIN INFORMATION, AND SECURITY

To take advantage of the interactive features of our websites, you may be required to register as a user. As part of the registration, you will be able to create a profile based on information you provide us. You agree to (i) safeguard your email address, password, and any other login information you provide; (ii) take responsibility for all activity on the user account; and (iii) notify us immediately if you find out that someone else is using your user account without your permission.

We do not guarantee that any information you provide will not be intercepted by a third party during transmission over any public networks or otherwise. You bear the risk of communicating with us electronically and we are not responsible for any resulting loss or damage.

D. USING THE CONTENT ON OUR WEBSITES

The content on our websites (including, but not limited to, characters, logos, graphics, illustrations, website layout and design, text, stories, images, audio and video, software, and images, files, or data incorporated in the software or generated by the software) is owned, controlled, or licensed by or to us. It is protected by copyright, trademark, and other intellectual property laws and rights throughout the world. Except as otherwise agreed by us in writing, you may only use the content for your personal and non-commercial use. You may not copy, reproduce, distribute, publish, post, upload, transmit, adapt, modify or create derivative works of or from, publicly display or perform, or in any way exploit any content on our websites, unless you first request and obtain written permission from the owner of such content. If we choose to grant you additional rights to our content, you agree not to change or delete any proprietary notice on the content.

You may not use any mark, logo, or trade name owned or used by us in any medium whatsoever, unless you first request and obtain written permission from us. We retain all right, title, and interest in our websites and any content, features, products, or services offered on them, including any and all intellectual property rights. We reserve all rights not expressly granted. To request additional rights to content on our websites, please contact us with all specifics necessary for us to consider and respond to your request.

E. MATERIALS POSTED ON OUR WEBSITES

We do not endorse, control, or assume any responsibility, or liability for any content or materials you or others submit, post, or share on or through our websites, including any names, photos, graphics, ideas, images, creative works, and text. By participating and interacting with our websites, posting a message, or sending us your thoughts, you (and, if you are a child, your parents) are telling us that we can use or publish your name or repeat and use your message in accordance with these Terms of Use.By posting, sharing or otherwise providing any such materials, you agree to grant us an irrevocable, perpetual, royalty-free license, unless otherwise agreed by us in writing: (i) to use, modify, copy, distribute, and publicly perform and display any such materials and content, with or without attribution of your name, in whole or in part, throughout the universe in any and all media, now known or hereinafter devised, alone, or together as part of other material of any kind or nature, including without limitation, for commercial use, advertising, and promotional purposes; (ii) to publish your name with such materials; and (iii) give or transfer these rights to others.

You also represent and warrant that you have all the rights necessary for you to grant these rights and that the use and publication of the content does not violate or infringe the rights of any third party or breach any law, including if such materials contain the name, voice, likeness or image of any individual.

We retain the right, but not the obligation, to monitor the content and materials posted on our websites. We may, at our sole discretion, remove any materialsand content that you or others post, share or otherwise provide to our websites at any time without notice.

If you believe that any materials or content on our websites violates or infringes upon your intellectual property rights, please contact us. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

F. UNSOLICITED IDEAS AND FEEDBACK

Neither we nor our employees accept or consider unsolicited ideas, including those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names. The purpose of this policy is to avoid any potential misunderstandings or disputes if our offerings or strategies seem similar to ideas that you submitted to us. If you choose to send us your ideas anyway, through our websites or otherwise, you agree that: (i) your ideas automatically become our property, without any compensation to you; (ii) we can commercialize these ideas and use them for any purpose and in any way; and (iii) we can give and transfer these ideas to others. You also represent and warrant that such ideas are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described above.

G. PROHIBITED USES

You may not reverse engineer, disassemble, or decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessible through our websites (including, without limitation, data packets transmitted to and from our websites), or analyze, decipher, "sniff", derive code or materials from any packet stream to our from our websites, or attempt any of the foregoing. You expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute "fair use" or are for "interoperability purposes" under the Digital Millennium Copyright Act.

Further, in using our websites, you may not:

  • violate these Terms of Use, infringe upon our rights or the rights of others (including, without limitation, intellectually property rights, rights of privacy such as unauthorized disclosure of a person's name or email or physical address or phone number, and rights of publicity), or violate any laws;

  • conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;

  • post, email, message, or otherwise make available through the website, any content that (i) incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; (ii) is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason; (iii) is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, gambling, and drugs, or (iii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music or videos or computer programs, or links to such materials;

  • engage in commercial activities or sales, such as contests, sweepstakes, barter, advertising, or the buying or selling of "virtual" items, without our prior written permission;

  • disguise the origin of any message, communication, or transmittal you send to us through our websites;

  • use any robot, spider, scraper, or other automated or manual means to access our websites, or copy any content or information on our websites;

  • attempt to gain unauthorized access to any portion of our websites or any related networks or systems by hacking, password "mining", or any other illegitimate means;

  • probe, scan, test the vulnerability of or breach the authentication measures of, our websites or any related networks or systems;

  • modify or reroute or attempt to reroute our websites;

  • link to our websites from any unsolicited bulk messages or unsolicited commercial messages ("spam");

  • utilize framing, squeeze back, overlay or other techniques to enclose or display our websites or any content on our websites, with any other software or content of a third party; or

  • take any action that places a disproportionately large load on our websites or any related networks or systems.

We reserve the right, but not the obligation, to investigate and take appropriate legal action against anyone who we believe is violating these Terms of Use, including without limitation, removing any materials, suspending or terminating the registration of such violators, or suspending or terminating the their right to use our websites.

H. ELECTRONIC NOTICES AND COMMUNICATIONS

By visiting our websites or sending us email, you are communicating with us electronically. By communicating with us electronically, you agree that:

  • we may communicate with you electronically by email, or as appropriate, by posting general notices on our websites;

  • all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and

  • any notices are deemed to be given and received on the date we transmit any electronic communication as described above.

I. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe any content on our site is infringing upon your copyright please send a copyright infringement notification to our Designated Agent in accordance with the terms below. To be effective, the notification must be a written communication. To expedite our ability to process your request, such written notice should be sent to our designated agent via email at legal@forbestravelguide.com

Our Designated Agent for this web site is as follows:

The Five Star Travel Corporation

Attn: Legal Department

3280 Peachtree Road NE, Suite 600

Atlanta, Georgia 30305

Email: legal@forbestravelguide.com

In order to be effective, the notice must substantially include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

  2. Identification 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;

  3. Identification 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. Providing URLs in the body of an email is the best way to help us locate content quickly;

  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

  5. A 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

  6. 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.

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below.

To be effective, the counter-notification must be a written communication that includes the following:


  1. Your physical or electronic signature;

  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

  3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

J. THIRD PARTIES

Our websites may contain: (i) references to names, marks, data, content, products, or services of third parties; (ii) links to third-party websites; and (iii) descriptions of services and products provided by third parties. These references, links, and descriptions are provided solely for your convenience. By including these references, we do not endorse these parties, their content, or any products and services they offer. These parties are not under our control and we are not responsible for them, or the operation and availability of their websites. All disclaimers and other notices associated with such materials shall apply and supplement these Terms of Use as to the individual content. You are responsible for knowing when you are leaving our websites to visit a third-party website, and for reading and understanding the terms of use and privacy policy for each such third-party website.

If you choose to deal with third parties, you agree that you have a direct relationship with them and are solely responsible for any such dealings. If you have concerns with any third-party website, please address them with the administrator of that website.

K. NO WARRANTIES

We make no guarantee about the accuracy or reliability of the content, materials, features, and services on our websites. WE DO NOT WARRANT THAT OUR WEBSITES OR ANY CONTENT, MATERIALS, FEATURES, OR SERVICE ON THEM WILL BE ERROR-FREE, UNINTERRUPTED, PROVIDE YOU WITH SPECIFIC RESULTS, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE CONTENT, MATERIALS, FEATURES, AND SERVICES ON OUR WEBSITES ARE PROVIDED "AS-IS", "WITH ALL FAULTS", AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND SATISFACTORY QUALITY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT AND SERVICES PROVIDED ON OR THROUGH OUR WEBSITES AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.

L. LIMITATION OF LIABILITY

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE OUR WEBSITES OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THEM, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.

M. REMEDIES

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR WEBSITES, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THEM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR WEBSITES. THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to our websites or block your future access to our websites for any reason. You agree that any violation, or threatened violation, by you of these Terms of Use will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

N. INDEMNITY

You agree to defend, indemnify, and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including attorney's fees) arising from your use of our websites, violation of these Terms of Use, or violation of any third-party rights. YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS OF USE, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.

O. FORCE MAJEURE

We will not be deemed to be in breach of these Terms of Use or our Privacy Policy due to any event or circumstance beyond our reasonable control, including without limitation, war, invasion, failures of any public networks, electrical shortages, terrorist attacks, and earthquakes and other acts of God. We are not responsible for any loss, delay, or damage due to such events or circumstances.

P. APPLICABLE LAW


You agree that all matters relating to your access to or use of our websites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Georgia, without regard to its conflicts of laws rules. YOU AGREE TO THE PERSONAL JURISDICTION BY AND VENUE IN THE STATE AND FEDERAL COURTS OF THE STATE OF GEORGIA. YOU ALSO WAIVE ANY OBJECTIONS TO SUCH JURISDICTION OR VENUE.

Q. CONTRACT INTERPRETATION

These Terms of Use constitute the entire agreement between you and us regarding the use of our websites. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of this contract will not affect the validity and enforceability of the remaining provisions.

The Five Star Travel Corporation

Attn: Legal Department

3280 Peachtree Road NE, Suite 600

Atlanta, Georgia 30305

Email: legal@forbestravelguide.com

These Terms of Use were last updated on September 13, 2011.