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TERMS OF USE
 
Welcome to our website, www.TheActiveTimes.com (the “Website”).
 
Please take a few moments to review these Terms of Use.  By using our Website you are agreeing to comply with and be bound by these Terms of Use.  If you do not agree to comply with and be bound by these Terms of Use, you may not use this Website.   
 
Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  In all cases, you affirm that you are over the age of 13, as the Website is not intended for people under 13. If you are under 13 years of age, please do not use the Website.
 
Modification of These Terms of Use
This Website is owned by Spanfeller Media Group, Inc. (the “Company”).  The Company reserves the right, at its sole discretion, to update or modify these Terms of Use at any time and from time to time without prior notice.  Any such modifications will become effective immediately upon posting.  We suggest that you review these Terms of Use whenever you use the Website to keep yourself apprised of any changes.  Your continued use the Website following the posting of changes and/or modifications will constitute your acceptance of the revised terms of use.  
 
Intellectual Property
This Website contains information, data, text, software, images, illustrations, artwork, photographs, pictures, logos, icons, videos, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, service marks, trade dress and other intellectual property rights.  Unless otherwise noted on this Website, all right, title and interest (including all copyrights, trademarks, service marks, trade dress and other intellectual property rights) in and to the Content is owned by the Company and/or its subsidiaries, affiliates, assigns, licensors or other parties who have licensed their material to the Company.  Unless other specific restrictions are noted on the Content, you may use the Content solely for your personal, non commercial use and may download, print or make copies of insignificant portions of the Content for your personal, non commercial use, so long as you (a) maintain and do not remove or obscure any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices, (b) make no modification to the Content, and (c) do use the Content in a manner that suggests an association with any of our products, services or brands.  No right, title or interest in any downloaded printed or copied materials is transferred to you as a result of any such downloading, printing or copying.  Except as provided in this paragraph or as permitted by the fair use privilege under the U.S. copyright laws, you may not copy, download, upload, post, transmit, reproduce, republish, modify, distribute, disseminate, broadcast, circulate or create derivative works from any Content in any form without the express prior written consent of the Company.  You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content.  Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal, state and foreign laws. 
 
License & Site Access
The Company grants you a limited, non-exclusive, non-assignable and non-transferable license to access and make personal use of the Website.  You agree not to download (other than page caching) or modify the Website, or any portion of it, without the express prior written consent of the Company.  This license also grants you a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website [http://www.theactivetimes.com], so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.  You may not use any Company logo or other proprietary graphic or trademark as part of the link without the express written permission of the Company.  This license does not include any resale or commercial use of the Website or its Contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Website; any downloading or copying of account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools.  Any unauthorized use by you terminates the permission of the license granted by the Company to you. 
 
Membership and Registration
Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the Website.  You may also provide information to the Website in other contexts, including, for example, to enter into a sweepstakes or promotion. 
 
When you register or become a member of the Website or provide information to the Website in any other manner, you agree to the following terms listed below.  Additionally, Registered members of the Website may change their user profile at any time by visiting the "edit my profile" page.
 
a) Your membership is solely for your personal use, and you will not authorize others to use your account.  You are responsible for maintaining the confidentiality of the password and account and all activities that occur under your password or account. 
 
b) The Website may use the information you provide to us according to the Privacy Policy on our Website. 
 
While the Company will treat your account and the information therein with the utmost care, the Company cannot and will not be liable for any loss or damage arising from unauthorized use of your account or your failure to comply with all terms of this provision.
 
User Content
Please choose carefully the words, information, content, messages, text, files, images, photos, videos, music, sounds, profiles, works of authorship or any other materials you post, upload, publish or display on the Website and any such content that you provide or make available to other users (collectively, “User Content”). You are solely responsible for all of your User Content, as set forth below.  Additionally, you are responsible for understanding the limitations of other users’ User Content, as set forth below.  The Company takes no responsibility and assumes no liability whatsoever for any User Content or for any claims, damages or losses resulting from its use and/or appearance on this Website. 
 
User Content may not be illegal, obscene, threatening, defamatory, invasive of privacy, abusive, harassing, threatening, bigoted, hateful, infringing of intellectual property rights, or otherwise injurious to third parties and will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Any photographs, images or videos posted by you may not contain nudity or obscene, lewd, excessively violent, harassing, sexually suggestive or explicit or otherwise objectionable subject matter.  You agree to exercise caution in posting User Content, including any sensitive personal information, particularly in connection with persons under 18 years of age. Without limitation, you will not post any information that would allow anyone to directly contact someone under 18 years of age. You may not use a false email address, impersonate any person or entity, or otherwise mislead other users as to the origin of any User Content.  You further agree not to use an inappropriate member name of any kind. 
 
By submitting User Content to the Company, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, syndicate, modify, display, and perform the User Content throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature, without compensation to you.  You represent and warrant that you own or otherwise control all of the rights to any User Content you submit or post on or to the Website or otherwise transmit to the Company.  You agree that you are and shall at all times remain solely responsible for the content of any User Content submitted by you.  You also agree that you will not submit anything to this Website that will violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.  You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and the Company’s use of it.
 
Public Forums and Communication
"Public Forum" means an area, site or feature offered as part of this Website that offers the opportunity for you to submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) User Content for viewing by one or more Website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog and e-mail functions.
 
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Content you Distribute on a Public Forum.  The Company cannot guarantee the security of any information you disclose through any of these media; and you make such disclosures at your own risk. 
You are and shall remain solely responsible for the User Content you Distribute on or through the Website under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same.  You agree you that you will not Distribute User Content that (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet. 
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any other User Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. 
The Company reserves the right to refuse to post, deliver, remove, modify or otherwise use or take any action with respect to User Content you Distribute. 
The Company has no duty to monitor any Public Forum and does not monitor all of the material posted or transmitted by its users and third party information providers on its Public Forums.
 
Rules of Conduct
You agree to abide by the Terms of Use and to not use the Website to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Website; (ii) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (iii) collect or store personal data about other users; (iv) harass, abuse, or harm another person; or (v) advertise to, solicit, or sell to any other user.
 
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. 
 
Removal of User Content; Disputes
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any User Content from the Website that violates these terms of use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any User Content or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including this Website.  Moreover, we retain all rights to remove User Content at any time for any reason or no reason whatsoever. 
You are solely responsible for your interactions with other users of the Website.  The Company reserves the right, but has no obligation, to monitor disputes between you and other users.
 
Third Party Websites
This Website is linked to third party websites which are not maintained by the Company.  In particular, certain links may allow you to conduct transactions or purchase goods or services.  In many cases, these transactions will be conducted by our third-party partners and vendors.  However, no third party website is under the Company’s control and the Company is not responsible or liable for and does not warrant the contents of, technology implemented by, or privacy practices of any such linked website.  You should review the privacy policy and terms of use for each of these websites to make sure they are acceptable to you prior to your use.  The Company disclaims all liability for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites (i) from another website to the Website, and (ii) to another website from the Website
 
Inaccuracy Disclaimer 
From time to time there may be information on our Website that contains typographical errors or other inaccuracies.  The Company reserves the right to correct any errors or other inaccuracies and to otherwise change or update information at any time and from time to time without prior notice.  
 
Disclaimer of Warranties 
YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, EVENTS, AND PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.  
 
NEITHER THE COMPANY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR REPRESENTATIVES WARRANT THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE,  RELIABLE OR SECURE (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.  
 
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
 
YOU UNDERSTAND AND AGREE THAT THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE WEBSITE.  THE WEBSITE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. 
 
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON THE WEBSITE.  NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE ANY WARRANTY.  
 
THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.
 
THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THIS WEBSITE.  THE COMPANY MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH THE COMPANY MAY PROVIDE LINKS.  YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST THE COMPANY WITH RESPECT TO SUCH SITES.
 
LIMITATION OF LIABILITY 
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES (INCLUDING ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) INCURRED BY YOU, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, ITS CONTENT OR ITS FEATURES (OR THE INABILITY TO USE THE SAME), INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR ANY CLAIM ATTRIBUTABLE TO MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR OTHER FAILURE OR INACCURACIES IN CONTENT APPEARING ON THE WEBSITE, WHETHER SUFFERED BY YOU OR ANY PARTY CLAIMING RIGHTS DERIVED FROM YOU, EVEN IF THE COMPANY WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE AND REGARDLESS OF ANY NEGLIGENCE OF THE COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR THIRD PARTY PROVIDERS 
 
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
    
Indemnity
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, representatives, licensors and third party providers to the Website from and against any and all liability, claims, damages, losses, costs and expenses, including without limitation reasonable attorneys’ fees and expenses, incurred by the Company as a result of or in connection with your use of this Website in violation or breach of these Terms of Use, including any claims that User Content misappropriates or infringes upon the rights of any third party. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
 
Jurisdiction
Use of this Website and these Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without giving any effect to any choice or conflict of law provision or rule (whether of the State of New York or of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.  You hereby irrevocable consent to personal jurisdiction in the State of New York and by your use of this Website voluntarily submit to the exclusive jurisdiction of the federal and state courts located in such state in any action or proceeding with respect to this Website and to service of process by certified mail at the last known address provided in connection with your use of the Website.  
 
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
 
International Users
The Website is controlled, operated and administered by the Company from its offices within the United States.  The Company makes no representation that materials or Content available through the Website are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.
 
Notice
Except as explicitly stated otherwise, any notices to the Company must be sent by certified mail, return receipt requested, to Spanfeller Media Group, Inc. 156 Fifth Avenue Suite 800, New York, NY 10010
 
Copyright Infringement
The Company respects the intellectual property of others.  If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by the Company, please provide Company’s copyright agent with the following information (“Notice”): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to the Company at: Spanfeller Media Group, Inc. 156 Fifth Avenue Suite 800, New York, NY 10010
 
Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed.
 
General
a) These Terms of Use along with the Privacy Policy and any additional terms, rules or regulations posted on the Website constitute the entire agreement between you and the Company and govern your use of the Website, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.
 
b) The failure of the Company to exercise or enforce any right or provision of this Terms of Use does not constitute a waiver of such right or provision.
 
c) If any provision of these Terms of Use 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 of Use remain in full force and effect.
 
d) The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. 
 
Service Contact
Contact info@spanfellergroup.com with questions or problems with this Website.  
 
 
Posted May 31, 2012