Terms of Use

1. 1.  

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.

1. Intellectual Property Rights

Unless otherwise stated, all written content on this site is owned by Sthumble and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, you may not modify, copy, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without prior permission. You may, however, download, print, and/or share one copy of individual pages of the Site for non-commercial use, provided that you keep intact all copyright and other proprietary notices.

2. License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

3. Member Conduct

You understand that information such as data, text, photographs, video, or other materials ("Content"), whether posted publicly or privately, are the sole responsibility of the person with whom the Content originated. Under no circumstances will Sthumble be liable in any way for any Content, or 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 Sthumble.  As such, as a user, you agree not to:

• - upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harrassing, tortious, vulgar, obscene, libelous, invasive of another's privacy, or racially/ethnically/hateful in nature. 
• - make available Content which denigrates a people, culture, nation, or region
• - harm minors in any way
• - advocate or celebrate cruelty towards animals
• - impersonate any person or entity, including but not limited to a, Sthumble Official, forum moderator, tour guide or host. 
• - make available any Content that you do not have a right to make avilable under law or under contractual relationship (such as inside information, proprietary and confidential information)
• - make avilable any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, etc.
• - provide material support or resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
• - stalk or otherwise harras others

You acknowledge that Sthumble may or may not pre-screen Content, but that Sthumble and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Sthumble Services. Without limiting the foregoing, Sthumble and its designees shall have the right to remove any Content that violates the TOS, is objectionable, or any content that Sthumble decides to remove for any reason. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Topicwise or submitted to Sthumble, including without limitation information in Sthumble Message Boards and in all other parts of the Sthumble Services.

 

4. Accuracy of Info

• While we shall endeavor to ensure that all information on the Site is accurate, we cannot vouch that all information will be accurate and up-to-date at all times. The Site contains a large amount of data, and errors are likely to occur in tracking changes such as but not limited to changes in dates and times of events, restaurant information, prices, exchange rates, accommodation, or other travel information.
• Part of this Site contains materials submitted to Sthumble by Third Parties. It is the responsibility of these Third Parties to ensure that the materials submitted for inclusion on this Site comply with national and relevant foreign laws. We cannot guarantee the accuracy or reliability of this material and hereby disclaim any responsibility for error, omission, or inaccuracy in the material or for any misinterpretation, loss, disappointment, negligence, or damage caused by reliance on any material contained within the Site.
• We accept no responsibility for the content of any Site to which a hypertext link from this Site exists. Such links are provided for your convenience on an ‘as is’ basis. Should you find any inaccurate information on the Site, please inform us and we shall correct it as soon as it is practicable to do so.

5. Prohibited Use of Service

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party.  Without Sthumble’s prior written consent, you shall not:

• - access any part of the Services, Content, data or information you do not have permission or authorization to access or for which Sthumble has revoked your access
• - use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise access or collect the Content, data or information from the Services using automated means;
• - use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;
• - take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and
• - do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising

 

6. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING IN OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.