User agreement

1. What's Covered in This Agreement

This User Agreement ("Agreement") explains your rights and responsibilities when you use the Service. It forms part of a framework of documents that together govern your relationship with us: this Agreement, our Terms of Service, and our Privacy Policy.

Please read this Agreement carefully before using the Service. By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree with any part of it, you may not use the Service.

If there is any conflict between this Agreement and our Terms of Service or Privacy Policy, this Agreement shall govern with respect to the matters it covers, and the Terms of Service and Privacy Policy shall govern with respect to the matters they cover.

2. Service Provider

The Service is provided and operated by Orbitza ("we," "us," or "our"), an independent editorial publication based in the State of New York, United States. For any communication under this Agreement, you may contact us at [email protected].

We reserve the right to transfer this Agreement, in whole or in part, to a successor entity in connection with a merger, acquisition, reorganization, or sale of assets, provided that the successor assumes our obligations under this Agreement.

3. Age Requirements

You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may use the Service only with the involvement and consent of a parent or legal guardian. If you are under 13, you may not use the Service.

4. Your Relationship with Orbitza

What you can expect from us

We work to provide a considered, independent editorial guide to weekend escapes across New York State. We aim to publish accurate, useful, and respectful content, and to keep the Service reliable. We may develop, improve, and update the Service over time, which may include changing, adding, or removing features, sections, or content.

What we expect from you

In return, we expect you to use the Service responsibly:

• Follow this Agreement, our Terms of Service, and our Privacy Policy.
• Respect others — including the communities, businesses, and residents of the places we write about — and avoid conduct that is unlawful, harassing, defamatory, or harmful.
• Do not abuse the Service. Do not interfere with, disrupt, or overload the Service or its servers, do not attempt to gain unauthorized access to any part of it, and do not use automated tools to scrape, harvest, or copy content at scale.
• Provide accurate information when you subscribe to our newsletter or contact us.

5. Your Account & Subscription

If you subscribe to our newsletter, you agree to provide accurate and current contact information and to keep it up to date. You are responsible for maintaining the security of your own email account and for any activity that occurs through it. We will not be liable for losses arising from unauthorized access to your email account.

You may cancel your subscription at any time using the unsubscribe link in any email we send, or by writing to us. Cancellation takes effect immediately. We may suspend or terminate a subscription if we reasonably believe it is being used in breach of this Agreement.

6. Content in the Service

Your content

"Your content" means any material you submit to us, including messages through our contact form, place suggestions, corrections, and letters. You are responsible for your content, including its legality, reliability, accuracy, and appropriateness. You retain ownership of your content, subject to the license described in Section 7.

Our content

"Our content" includes all articles, guides, photographs, illustrations, design, and other material created by or licensed to Orbitza and displayed in the Service. Our content is protected by copyright, trademark, and other intellectual property laws. You may share links to our stories and quote brief excerpts with attribution, but you may not republish, reproduce, or distribute our content in whole or in substantial part without our prior written permission.

Other content

The Service may reference or link to content produced by third parties, such as independent businesses, trails, and destinations. We do not control that content and are not responsible for it. Their own terms and privacy policies apply.

7. Permission to Use Your Content

When you submit your content to us, you grant Orbitza a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, store, review, reproduce, adapt, and publish your content for the purpose of operating, improving, and promoting the Service — including incorporating place suggestions or corrections into our editorial work.

This license covers the use of your content within the Service and reasonable related contexts. It does not transfer ownership of your content, and we will not use your content in ways that reasonably suggest it is your endorsement of any product or service.

We will not publish your personal details or attribute ideas to you without your consent. You may revoke this license with respect to specific content at any time by contacting us, and we will take reasonable steps to remove or stop using it, subject to our legal obligations and technical limitations.

8. Editorial Independence

Orbitza is an independent editorial guide. We do not accept paid placements disguised as editorial notes. Mentions of businesses, places, and products are based on editorial judgment, not payment. Any partnership or sponsored content, if ever published, will be clearly and prominently labelled as such.

9. Software & Third-Party Services

The Service may use third-party software, services, and content, including fonts, hosting, email delivery, and analytics tools. We are not responsible for the operation, availability, or practices of third-party services, and any use of them is subject to their own terms. The Service may contain links to third-party websites; accessing them is at your own risk.

10. In Case of Problems or Disagreements

Warranty

We provide the Service with reasonable care and skill and work to keep it accurate and available. Except as expressly stated in this Agreement, we do not make any other promises about the Service.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR EDITORIAL CONTENT IS GENERAL INFORMATION AND INSPIRATION, NOT PROFESSIONAL, TRAVEL, MEDICAL, LEGAL, OR SAFETY ADVICE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT EVERY PLACE MENTIONED WILL BE OPEN, UNCHANGED, OR AVAILABLE AT THE TIME OF YOUR VISIT. YOU REMAIN RESPONSIBLE FOR VERIFYING CURRENT DETAILS AND FOR YOUR OWN SAFETY.

Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ORBITZA NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE ON OUR CONTENT.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00). WHERE A LAW THAT APPLIES TO YOU PROVIDES FOR CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED, THIS SECTION DOES NOT AFFECT THEM.

Taking action in case of problems

If you submit content that we reasonably believe violates this Agreement, is unlawful, or harms the Service or others, we may remove or decline to publish it without notice. We may suspend or terminate your access to the Service or your subscription if you breach this Agreement, if your conduct is unlawful or harmful, or if we are otherwise required or permitted to do so by law. We will act reasonably and, where appropriate, notify you of the action and the reason.

Settling disputes, governing law, and courts

If a concern arises, we encourage you to contact us first at [email protected], and we will work with you in good faith to resolve it. This Agreement, and any claim or dispute arising out of or relating to it or the Service, shall be governed by the laws of the State of New York, United States, without regard to its conflict-of-law provisions.

Any legal suit, action, or proceeding arising out of or relating to this Agreement or the Service shall be instituted exclusively in the state or federal courts located in New York County, New York, United States. You consent to the personal jurisdiction of those courts and waive any objection to venue based on an inconvenient forum. This section does not limit any rights you may have under mandatory consumer protection laws in your country of residence.

11. About This Agreement

We may modify this Agreement from time to time to reflect changes in our Service, our practices, or legal requirements. When we do, we will update the "Last Updated" date at the top of this page and, for material changes, make reasonable efforts to notify you, including by email where we have your address. By continuing to access or use the Service after the revised Agreement takes effect, you agree to be bound by it. If you do not agree with the revised Agreement, your remedy is to stop using the Service.

This Agreement constitutes the entire agreement between you and Orbitza regarding the Service and supersedes any prior agreements or communications on the subject. If any provision is held to be invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver of it.

12. Definitions

• "Service" means the Orbitza website, including all pages and features, and the Orbitza newsletter.
• "We," "us," and "our" refer to Orbitza, the provider of the Service.
• "You" and "your" refer to the individual or entity using the Service.
• "Your content" means any material you submit to the Service, as described in Section 6.
• "Our content" means the articles, guides, photographs, and other material created by or licensed to Orbitza, as described in Section 6.
• "Intellectual property rights" means all copyrights, trademarks, patents, trade secrets, and other proprietary rights recognized by law.