Notice of Vehicle of Information

This website is a noncommercial “vehicle of information” service as established by the Illinois Appellate Court, in the case of Brown. Vs. Corbis.   Based on that ruling, the photography, audio, or motion media clips on the site do not require a release for the purposes of displaying on the website, selling, or licensing, and is not considered a form of publication that requires such.  The media (photography, audio, and video) on this site of the subject is not intended to sell or advertise any product, merchandise, goods, or services.

Responsibility of Third-Party Content

Any content provided for posting on the website by representatives other than CTS are the sole responsibility of those parties and not CTS.  CTS is not responsible for any incorrect data or information submitted to CTS by third-parties.

Notice of Copyright

This site, or any information or media contained within, is not to be posted, transmitted, works derived from, sold, or otherwise distributed without the expressed written consent of Creative Travel Sites.com (also referred to as CTS) is strictly prohibited.

CTS reserves all rights and copyrights (registered or otherwise) on media (photos, audio, and video) it creates.  Any media (photos, audio, or video) provided by third-parties through submission are the continuing property and continuing copyright of said third-parties.  If media is submitted to CTS for the purposes of sharing with other end-users and displaying for other end-users to see, it is agreed and understood by their submission to CTS that the third-party owner is (and remains) the copyright owner, subject to all benefits of copyright ownership, but is allowing CTS to only display their work forever on the website it was submitted to.  No third-party submissions of which CTS does not own the copyright will be made available for sale or distribution.

All materials on the Site (with the exception of third-party submissions as listed in the above paragraph), including without limitation text, images, software, audio and video clips, databases, user product reviews and ratings, Subscription-Based Services and other Site services and products (collectively, the “Content”) are owned or controlled by CTS or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof, including without limitation our media and photos for any public and/or commercial use without the prior written permission of CTS.  Should you gain permission for any commercial use of the site or any portion thereof, it will be the requestor of permission’s responsibility to gain all releases or permissions necessary, not CTS.

Notice of Copyright Infringement

We intend that all content provided on our Site respect the copyright and other proprietary rights of third parties. When Site visitors post content on our Site, of course, we are unable to monitor the copyright ownership of all posted content. If at any time you believe that any content on our Site infringes your copyrighted material, then you may request the content be removed from the Site in accordance with the Copyright Act, 17 U.S.C. 512(c)(3  To comply with the Copyright Act, your Notice must be in writing to CTS and must include:

(i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii) 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;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) A statement that you have 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

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:

(i) A physical or electronic signature of the alleged infringer;

(ii) Identification of the material 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;

(iii) A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;

(iv) The alleged infringer’s name, address, and telephone number; and

(v) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.

Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.

DISCLAIMER OF WARRANTY.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION-BASED SERVICES OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SUBSCRIPTION-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SUBSCRIPTION-BASED SERVICES WILL MEET ANY PARTICTSLAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CTS AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICTSLAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECTSRITY, ACCTSRACY, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY.

USE OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.

UNDER NO CIRCTSMSTANCES SHALL CTS OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR CTS OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE SUBSCRIPTION-BASED SERVICES, EVEN IF CTS, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.

THE TOTAL LIABILITY OF CTS AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SUBSCRIPTION-BASED SERVICES. YOU HEREBY RELEASE CTS AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

No-Commercial Use Policy

You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation to any Forum) any material containing any solicitation of funds, advertising or solicitation for goods or services without the prior approval of CTS.

Modifications

CTS has the right to modify any policies affecting the Site, including without limitation the No-Commercial Use Policy. Any modification is effective immediately upon posting to the Site. Your continued use of the Site following notice of any modification shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of CTS in providing the Site, including without limitation

(i) any change in the Content, or

(ii) any change in the amount or type of fees associated with the Subscription-Based  Services

CTS has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site and the Subscription-Based Services. CTS may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Links to Other Sites

The Site may contain links and pointers to other sites on the Internet, which may be maintained by third parties. Such links do not constitute an endorsement by CTS or its Affiliates of any third-party site or any materials contained therein. CTS and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

General

This document applies to non-subscription users of the website and their continued use of the Site shall be conclusively deemed an acceptance of this document.  Failure by CTS to enforce any provision of this document shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this document shall be governed by the laws of the state of Iowa (excluding its choice of law rules). In the event that any portion of this document is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

Liquidated Damages

Recongnizing that actual damages in the event of a breach of this document by the end-user will be difficult to ascertain with any reasonable degree of certainty, it is agreed that liquidated damages in the sum of $5000.00 shall be deemed reasonable and shall be assessed against and paid by the end-user for any and each violation of this document.  These liquidated damages are intended as a good faith estimate of actual damages and not as a penalty.

Attorney Fees and Costs

In the event litigation is required to enforce the terms of this document, the end-user shall pay for CTS attorney fees and costs.