Our Terms of Service lay out the rules we use to govern the intellectual property on this site. Essentially, this is a contractual agreement between Break Away and you, the user of this site and its services. Read the information below to figure out specifically what can and cannot be done with the work seen on this site without our permission, and to understand the restrictions on what each of us is and will be responsible for in relation to the service.
Last Updated: June 15, 2014
This page describes the terms and conditions (“Terms of Service”) that govern your use of certain products offered by Break Away: The Alternative Break Connection (“Break Away”).
Please read these terms of service carefully before using the service offered by Break Away. This agreement sets forth the legally binding terms and conditions for your use of Break Away and the service owned and operated by Break Away. By using Break Away in any manner, including but not limited to visiting, browsing or posting to the site alternativebreaks.org, you agree to be bound by this agreement. This agreement applies to all users of Break Away, including users who are also contributors of content, information, and other information or materials on the site.
1. ACCEPTANCE OF TERMS OF SERVICE
By accessing, browsing, or otherwise using the alternativebreaks.org website (the "Service") you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Service.
2. DESCRIPTION OF THE SERVICE
Right to Modify Service. Break Away reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any content (whether submitted by Break Away or by a member) for any reason, without prior notice or liability.
Changes to these Terms of Service. Break Away reserves the right to modify these Terms of Service at any time, and without prior notice, by posting amended terms at this website, alternativebreaks.org/terms. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 14 days of their posting on the alternativebreaks.org website. If we make changes, we will notify you via email or the Site and will indicate the Terms of Service effective date. Your continued use of the Service indicates your acceptance of the current Terms of Service.
3. MEMBER CONDUCT
Conditions of Use. As a condition of use, you agree to all of the following:
- You are responsible for your use of the Service, for any Content (defined below) that you post to the Services, and for any consequences thereof.
- You are responsible for all activity that occurs under your Username.
- You are solely responsible for your conduct and any Content that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service under your Username.
- You must not harass, threaten, impersonate, or intimidate other Break Away members.
- You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
- You must not create multiple member accounts with the intention of exploiting other features in the Service.
- You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant Break Away all of the license grants granted herein.
- You agree that you shall be solely responsible for your own Content and the consequences of posting or publishing it.
- Break Away reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of Break Away at any time, for any or no reason, without prior notice or warning, and without liability.
4. CONTENT SUBMITTED FOR INCLUSION OR MADE AVAILABLE ON THE SERVICE
The Service permits you to share pictures, text, links or other content ("Content") with members of the Service by uploading or posting Content to the Service. All content that you originate is your sole responsibility. Content is not necessarily reviewed by Break Away prior to posting and does not necessarily reflect the opinions or policies of Break Away. Break Away makes no warranties, and hereby expressly disclaims all such warranties, express or implied, as to the Content or accuracy and reliability of the Content or any material or information that you transmit to other members.
License Grants. When you post your own copyrightable Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service you grant Break Away a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, prepare derivative works of, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees. You understand that your content may be modified, syndicated, distributed or published by Break Away, and if you do not have the right to submit the content for such use, it may subject you to liability.
Links to Other Sites and Resources. The Service contains links to other websites or resources. Break Away has no control over such external sites and resources. You agree that (i) Break Away is not responsible for the availability or accuracy of such external sites and resources, and (ii) Break Away does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external sites and resources.
Inappropriate Member-Submitted Content. Break Away prohibits certain conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) Break Away is not and cannot be responsible for Content posted by users, visitors, or members of the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.
5. COPYRIGHT POLICY
Break Away respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material claimed to be infringing or is the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us to locate the material; (iv) your contact information, including your name, address, telephone number and an email address; (v) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. To give notice of alleged copyright infringement, please send a notice to:
Catherine Larsen - email@example.com
Break Away reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, without liability to you. In appropriate circumstances Break Away will also terminate a user’s account if the person is determined to be a repeat infringer.
If Break Away decides to remove or disable access to Content you have posted as the result of receiving a DMCA notification, we will notify you after removing or disabling access. In our notice, we will provide you access to the reporter’s complaint along with instructions on how to file a counter-notice.
If you believe that the material reported in the DMCA notification you received was misidentified or removed in error you should file a counter notice by responding to our original email notification of the removal and include the required information in the body of your reply as we discard all attachments for security reasons. In your response, please provide the following information: (1) a physical or electronic signature (typing your full name will suffice); (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 (the description from the DMCA notice will suffice); (3) statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Break Away may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Upon receipt of a valid counter-notice, Break Away will promptly forward a copy to the person who filed the original notice. If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed.
7. WARRANTY DISCLAIMERS
You agree that your use of the service provided by Break Away shall be at your sole risk. To the fullest extent permitted by law, Break Away, it's officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Break Away makes no warranties or representations about the accuracy or completeness of these service's content or the content of any sites linked to this service, and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage. Of any nature whatsoever, resulting from your access to and use of the service, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the service, (IV) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the service by any third party, and/or (V) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service, Break Away does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website, or featured in any banner or other advertising and Break Away will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
8. LIMITATION OF LIABILITY
You agree that Break Away and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (I) the user or the inability to use the service; (II) the cost of procurement of substitute of goods and service resulting from any goods, data, information or service purchased or obtained or messages received or transactions entered into through or from the service; (III) unauthorized access to or alternation of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the service.
Some states of other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations of liability for incidental or consequential damages, so the above limitations and exclusion may not apply to you.
Break Away reserves the right to terminate your www.alternativebreak.org membership immediately, without prior notice or liability, for any reason. If Break Away terminates your membership, your right to use the Service will immediately cease. You can terminate your alternativebreaks.org membership at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All relevant terms of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
Your only remedy with respect to dissatisfaction with (i) the Site, (ii) any term of these Terms of Service, (iii) any policy or practice of Break Away in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate your alternativebreaks.org membership at any time by emailing firstname.lastname@example.org with the words “Delete My Account” and your alternativebreaks.org username in the subject line. Your membership will be deleted upon 5 business days of Break Away’s receipt of the email.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Break Away without restriction.
Governing Laws. The Terms of Service will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions.
Waiver and Severability. The failure of Break Away to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Notices. Break Away may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by postings on the Service (for example, by posting to the blog, or on the relevant page(s) of the Service affected by such changes).
Trademarks. Break Away, the Break Away logo, and other Break Away logos and names are trademarks of Break Away. You agree not to display or use these trademarks in any manner without Break Away 's prior, written consent.
Contact Information. Please send any questions or comments, or report any Terms of Service violations, to email@example.com.