1. ACCEPTANCE OF TERMS
The Concierge Guide welcomes you to its website, TheConciergeGuide.com
. (the “Site”). The following Terms of Service (“Terms”) govern the use of the Site (the “Service”). By using or visiting the Site, including but not limited to, participation in its bulletin boards, postings, blogs or user profile, you are expressly agreeing to be bound by these Terms and to follow these Terms and any applicable laws and regulations. The Concierge Guide reserves the right to change the Terms, at any time, without notice. Your failure to follow these Terms may result in suspension or termination of your access to the Service, without notice.
2. LANGUAGE OF THE TERMS
Where The Concierge Guide has provided you with a translation of the English-language version of the Terms, you agree that the English-language version shall govern your relationship with The Concierge Guide and that The Concierge Guide provided the translation solely for your convenience. Should there exist any contradiction between the English-language version and a translation, the English-language version shall take precedence.
3. YOUR REGISTRATION OBLIGATIONS
In order to use certain features of the Site, you may be required to register with TheConciergeGuide.com
4. USE OF SERVICE
The Service is intended for your own personal and noncommercial use. You may not authorize others to use the Service. You agree you will not sell, lease, rent or provide any good or service or otherwise transact on the Site. You hereby represent and warrant that you are the owner or otherwise have the right to provide any materials that you upload, post, email, transmit or otherwise make available via the Service. The Site contains materials supplied by The Concierge Guide and its members, affiliates, partners and subsidiaries, as well as other sources, and is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by The Concierge Guide, you may not reproduce, modify, copy, republish, post, transmit, upload, distribute, sell, license, rent or adapt or create a derivative work of, in any manner, any material, content or design elements obtained from the Site.
5. MEMBER CONDUCT
You agree not to use any obscene, indecent, disrespectful and/or offensive language, including any libelous, defamatory, obscene, pornographic or otherwise illegal material on the Site. Any abusive or discriminatory language on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc., will not be permitted. In addition, you may not place on the Site any material that is encrypted, is junk mail or unauthorized advertising, commercial offers, political content, contains links to inappropriate websites, or encourages conduct that would constitute a criminal offense, give rise to civil liability or that otherwise violates any local, state, federal or international law or regulation. You may not post any message, or otherwise, that contains personal information, invades anyone’s privacy or that contains email addresses, URLs, phone numbers and postal addresses. You agree to not post any information intended to impersonate other users (including names of other individuals or groups) or that contains offensive or inappropriate user names or signatures. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Spamming: You are not allowed to post the same message repeatedly or post “off-topic” messages; such items will be removed and your rights to use the Services may be immediately terminated, at the sole discretion of The Concierge Guide.
6. CHILDREN UNDER AGE 18
The Concierge Guide does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register on this website or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 18 may provide any personal information to or on this website. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. You may not have to be a member to participate in certain contests, sweepstakes and/or special events; however, you must meet the designated minimum age requirements for the specific matter. The Concierge Guide will establish specific rules and terms for participation in each contest, sweepstakes and/or special event and will post this information on the Site.
7. USE OF MATERIAL POSTED BY YOU
User hereby grants to The Concierge Guide and its affiliates and subsidiaries an irrevocable, transferable, paid-up, royalty-free, perpetual, unrestricted worldwide license to use, reproduce, translate, sublicense, copy, print, display, modify, edit and create derivative works from and distribute or otherwise use and reproduce any information or materials, including, but not limited to, reviews, messages, comments or content that users post, upload, submit or transmit in areas on the Site without compensation, notification or other consideration to the user in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes.
8. SITE EDITING AND DELETIONS
The Concierge Guide reserves the right, but undertakes no responsibility, to review, edit, alter or delete any material provided, or any part thereof, submitted or uploaded on the Site by the user, in its sole discretion, without notice. The Concierge Guide has no obligation to display, authorize or otherwise use or display on the Site any reviews, comments or other materials or information submitted or provided by the user.
9. MATERIALS POSTED BY OTHERS
The Concierge Guide hereby disclaims any responsibility or liability with respect to any information or materials posted by others, including defamatory, offensive or illicit material, or other material or information that violates the Terms herein.
Authorized users are able to post reviews of events, businesses and other entertainment features listed on the Site. Reviews do not reflect the views of The Concierge Guide; its parent, affiliates or subsidiaries; or their respective employees, officers or directors. The Concierge Guide hereby disclaims any responsibility or liability for any review or for any claims, damages or losses resulting from any use of the Site or the materials contained therein.
11. THIRD-PARTY SITES
The Site may contain links or produce search results that reference or link to websites wholly owned and controlled by third parties (“Third-Party Site”). The Concierge Guide hereby disclaims any responsibility or liability for the accuracy or inoffensiveness of the content or information that is contained and/or provided by the Third-Party Sites. By using the Site to link to a Third-Party Site, you agree that The Concierge Guide will not be liable to you for any damages or losses from your use of the Site to link to the Third-Party Site.
13. CONTESTS, PROMOTIONS OR GAMES
From time to time, The Concierge Guide may offer as part of the Services, either on or through the Site, contests, promotions or games (collectively, “Games”). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of The Concierge Guide. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. The Concierge Guide, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release The Concierge Guide and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Site. The Concierge Guide is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Game. A Registered User who violates any of the rules or guidelines for behavior published on the Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. The Concierge Guide is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.
The content, organization, design elements, graphics, text, images, video, compilation, advertising, marks and all other material on the Site are protected under applicable copyrights, trademark and other proprietary (including but not limited to intellectual property) rights and are the property of The Concierge Guide or its licensors. The copying, distribution, modification, unauthorized use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
All contents of this website are: ©2011 The Concierge Guide, Inc.
15. LIABILITY DISCLAIMER
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE INFORMATION ON THIS SITE IS PROVIDED “AS IS.” THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Concierge Guide, INC., AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME. The Concierge Guide DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY OF THE INFORMATION MADE AVAILABLE ON THIS SITE.
The Concierge Guide, INC., ITS AFFILIATES AND/OR THEIR SPONSORS, MEMBERS AND/OR REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. The Concierge Guide, INC., ITS AFFILIATES AND/OR THEIR RESPECTIVE SPONSORS, MEMBERS AND/OR REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL The Concierge Guide, INC., ITS AFFILIATES AND/OR THEIR RESPECTIVE SPONSORS, MEMBERS AND/OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
The Concierge Guide may, but is not obligated to, provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service or other reasonable means now known or hereinafter developed.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by The Concierge Guide on the Services are subject to change without specific notice to you. In consideration for The Concierge Guide granting you access to and use of the Services, you agree that The Concierge Guide may place such advertising on the Services.
18. PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any accounts or profiles you create and/or use to access the Services on the Site.
You agree to indemnify and hold The Concierge Guide and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any loss, liability, claim or demand (including reasonable attorneys’ fees) from any claim made by any party due to or arising out of your use of the Site, including your use of the Site to provide a link to a Third-Party Site or to upload content or other information to the Site.
20. ENDING YOUR USE OF THE SITE
21. TERMINATION BY The Concierge Guide
22. GENERAL INFORMATION
Choice of Law and Forum: The Terms and the relationship between you and The Concierge Guide shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, Florida.
Waiver and Severability of Terms: The failure of The Concierge Guide to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your The Concierge Guide account is nontransferable and any rights to your The Concierge Guide ID or contents within your account terminate upon your death.
23. CONTACTING THE WEBSITE
If you have any questions about the Terms, please contact us at info@TheConciergeGuide.com
. You may also reach us by mail at: The Concierge Guide, Attention: Online Services, 7512 Dr. Phillips Blvd. 50-203, Orlando, FL 32819.
In order for you to use our website, subscribe to our electronic newsletter and other electronic mailings, participate in our programs and promotions and participate in sweepstakes or other contests that we may sponsor, we collect personal information that you submit to us and non personal information that is collected pursuant to the “cookies” definition described herein. That information may include, but not be limited to, your first and last name, postal address, telephone number, email address, date of birth and interests. We do not collect any personal information that you do not provide.We use third-party advertising companies to serve ads when users visit our website. These companies may use information (not including name, address, email address or telephone number) about visitors to our website in order to provide advertisements about goods and services of interest to such visitors. From time to time, we may use your personal information for internal or external marketing and promotional purposes or analytical purposes. For example, we may send you our monthly email newsletter about our city events and special offers and we may email you about promotions and surveys. Also, we may occasionally provide your contact information to our partners and affiliates who may, in turn, send you information by, for example, mail or email about their products and services. On occasion, we may offer a special promotion (such as a sweepstakes, contest or a free subscription to goods and services) on the website in conjunction with a third-party service provider, sponsor or promotional partner, and share your information with that third-party service provider, sponsor or promotional partner so that it can send you other special promotions it offers.We safeguard your personal information by implementing reasonable security procedures to protect your privacy, but shall not be liable for any failure to safeguard such information, whether inadvertent or otherwise.
If you would like us to delete all of your personal information (except for information that we keep for record-keeping purposes) and/or remove your name and address from promotional lists (including any personal information gathered by our service providers) and place your name on our “do not contact” list, you should contact our Privacy Administrator. Please note that any requests to update your personal information may take up to 30 days for an email request and six weeks to process a postal-mail request.
“Cookies”: To help us serve you better, we collect information that does not identify you personally, but rather identifies your computer or browser. Cookies are pieces of information placed in the settings of your web browser by a website server to identify your computer when you return to a website. Whenever a site welcomes you and tailors data to your specifications, it is reading a cookie left in your browser and identifying information that you may have registered during previous visits, such as your viewing preferences.
We may also use IP addresses to analyze trends, help us administer the website, track the movement of visitors and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Aggregated Demographic Information: We may share aggregated demographic information with third parties, but this information is not linked to any personal information that can identify you or another individual person. Therefore, no personal information is disclosed in this manner.