Welcome to the Notfortourists.com website, a site owned and operated by Not For Tourists, Inc.
I. ONLINE CONDUCT
User agrees to use the Notfortourists.com Website only for lawful purposes. User is prohibited from posting on or transmitting through the Notfortourists.com Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If Notfortourists.com is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Notfortourists.com Website (collectively "Content") provided by User (e.g., through a chat, post, or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Notfortourists.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Notfortourists.com Website. Notfortourists.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Notfortourists.com Website; or (iii) to protect the rights or property of Notfortourists.com and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Notfortourists.com Providers") and any other User.
Notfortourists.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Notfortourists.com, the Notfortourists.com Website, the communities that make up the Notfortourists.com Website, or any rights of Notfortourists.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Notfortourists.com Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Notfortourists.com Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Notfortourists.com Website.
, are incorporated herein by reference.
”Notfortourists.com”, “Not For Tourists”, “For You, Not Them”, “NFT” are all trademarks or service marks of Notfortourists.com or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Notfortourists.com and its licensors used on the Notfortourists.com Website may not be used without prior written consent of Notfortourists.com or its licensor, as the case may be. Without limiting the foregoing, no Notfortourists.com trademark or trade dress may be used in connection with any product or service that is not Notfortourists.com's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Notfortourists.com.
a. Proprietary Rights
User acknowledges that the Notfortourists.com Website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Notfortourists.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
b. Distribution/Uploading Of Third-Party Content
Except as set forth in paragraph a. above, User may upload to or otherwise distribute on the Notfortourists.com Website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No Notfortourists.com Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Notfortourists.com at firstname.lastname@example.org
. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted Notfortourists.com Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the Notfortourists.com Website retains any and all rights which may exist in such Content.
c. Third-Party Content
Notfortourists.com is a distributor and not a publisher of Content supplied by third parties and Users. Notfortourists.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Notfortourists.com or its affiliates or any of their officers, directors, employees, or agents. No Notfortourists.com Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Notfortourists.com Website represents the opinions and judgments of the respective third party providing such Content. Notfortourists.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Notfortourists.com Website by anyone other than Notfortourists.com. Under no circumstances shall Notfortourists.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Notfortourists.com Website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Notfortourists.com Website.
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Notfortourists.com Website to either a foreign national or a foreign destination in violation of such laws.
V. AGE OF USERS
Notfortourists.com does not intend the Notfortourists.com Website to be used by minors under the age of 13. Furthermore, Notfortourists.com does not market the Notfortourists.com Website for use by minors under the age of 13. Notfortourists.com relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Notfortourists.com Website are appropriate for view or access by such Users.
VI. TERMINATION OF USAGE
Notfortourists.com may suspend or terminate any User's access to all or any part of the Notfortourists.com Website including any account thereon, without notice, for any reason in Notfortourists.com's sole discretion, including without limitation Notfortourists.com's belief that such access would violate any applicable law or would be harmful to the interests of any Notfortourists.com Provider or another User.
VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such User's Notfortourists.com account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's Notfortourists.com account.
VIII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE NOTFORTOURISTS.COM WEBSITE IS PROVIDED BY NOTFORTOURISTS.COM PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH NOTFORTOURISTS.COM PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO NOTFORTOURISTS.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE NOTFORTOURISTS.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE NOTFORTOURISTS.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE NOTFORTOURISTS.COM WEBSITE; OR (IV) THAT THE NOTFORTOURISTS.COM WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF NOTFORTOURISTS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO NOTFORTOURISTS.COM PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE NOTFORTOURISTS.COM WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE NOTFORTOURISTS.COM WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY NOTFORTOURISTS.COM PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY NOTFORTOURISTS.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE NOTFORTOURISTS.COM WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE NOTFORTOURISTS.COM WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO NOTFORTOURISTS.COM'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE NOTFORTOURISTS.COM WEBSITE.
NO NOTFORTOURISTS.COM PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE NOTFORTOURISTS.COM WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH NOTFORTOURISTS.COM PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
X. APPLICABLE LAW; JURISDICTION
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through the Notfortourists.com Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York Courts and agrees not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.