Terms & Conditions of Use

Parentography is an online community for users who want honest advice, tools, tips and ideas for family excursions. Members can utilize an array of services that include features to share stories, photos, ratings and reviews as well as search for activities and places across town or across the country.

Parentography, LLC ("Parentography") provides services that include this website (the "Website") and any other feature, content, or application offered from time to time by Parentography in connection with the Website (collectively, the "Services") to you subject to this Terms and Conditions of Use Agreement ("Agreement") and the privacy policy that informs you on how Parentography collects, uses and discloses information from its Users. Please read this Agreement and Privacy Policy carefully before using the Services. By accessing or using the Services, you explicitly agree to comply with and be bound by this Agreement and all terms, policies and guidelines incorporated by reference herein, whether you are a "Visitor" (which means that you simply browse the Website), or you are a "Member" (which means that you have registered with Parentography and set up a Parentography account). The term "User" refers to a Visitor or a Member. If you do not agree to all provisions of this Agreement, do not use the Parentography Services.

Parentography reserves the right to change or modify any of the terms and conditions contained in this Agreement, or any policy or guideline of the Services, at any time and in its sole discretion. If Parentography modifies this Agreement, such modification shall be effective: (1) upon posting by Parentography on the Website, for all Users who first use the Services affected by such modification after the posting, or (2) thirty (30) days after posting by Parentography on the Website, for all existing Users of the affected Services. If you do not agree to the modifications, you must cease your use of the Services; your continued use of the Website will constitute your acceptance of such modifications.

1. Eligibility

By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your account may be deleted without warning if we believe that you are younger than thirteen (13).

2. Term

This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Parentography account and end your membership at any time, for any reason by going to your account page on the Parentography website and selecting "Cancel Account" in the Settings area of the page. Even after any termination, Sections 4 - 24 of this Agreement will remain in effect. You understand that termination of this Agreement and your Parentography account involves deletion of your Parentography account information from our live databases. Parentography will not have any liability whatsoever to you for any termination of your account or related deletion of your information.

3. Fees

You acknowledge that Parentography reserves the right to charge for the Services and to change its fees from time to time in its discretion, upon notice to you at the then-current email address in your Parentography account. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to Parentography.

4. Ownership and Copyright

Except as otherwise indicated, the Services, and all text, images, marks, logos and other content contained herein, including, without limitation, the Parentography logo and all designs, text, graphics, pictures, information, data, software, sound files and other files ("Content"), and the selection and arrangement thereof (collectively, the "Website Content") are the proprietary property of Parentography or its licensors or Users and are protected by U.S. and international copyright laws.

5. Limited License

Subject to the terms of this Agreement, Parentography grants you a limited, non-sublicensable, revocable license to access and use the Services and to reproduce and display the Content of Parentography and its licensors ("Parentography Content"), excluding any software code, solely for your personal use in connection with viewing the Website and using the Services. Parentography and its licensors (including the Members) own and retain all proprietary rights in the Parentography Content and the Services. Except for that Content that is owned by you, that is in the public domain, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Content. You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website Content.

Parentography may offer various parts of the Website in RSS/GeoRSS format so that users can embed individual feeds into a personal website or blog, or view Content through third party software news aggregators. Parentography permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original Content on the Website and redirects the user to the Content when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to "Parentography" as the source, (d) your use or display does not suggest that Parentography promotes or endorses any third party causes, ideas, web sites, products or services, (e) your use does not overburden Parentography's systems. Parentography reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

To request permission for uses of Website Content not included in the foregoing license, you may contact Parentography as follows:

Business Development
Parentography, LLC
6690 Michaeljohn Drive
La Jolla CA 92037, USA
E-mail: partners[at]parentography[dot]com

6. Rights to User Content

By posting or distributing Content to or through the Website ("User Content"), unless we indicate otherwise, you (a) grant Parentography and its affiliates an unrestricted, non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, copy, publicly perform and display, create derivative works of, and distribute such User Content throughout the world in any media, now known or hereafter devised; (b) grant Parentography and its affiliates and sublicensees the right to use the username that you have chosen when you created your Parentography account in connection with such Content; and (c) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Content to or through the Website; (ii) such User Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity. You further grant Parentography the right to pursue at law any person or entity that violates your or Parentography's rights in the User Content by a breach of this Agreement.

User Content will be considered non-confidential and Parentography is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, Parentography reserves the right to use the User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Parentography is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to Parentography. Parentography shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Parentography or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Parentography, and its licensees, successors and assigns, from any claims that you could otherwise assert against Parentography by virtue of any such moral rights.

7. Copyright Complaints

It is the policy of Parentography to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to Parentography by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Parentography's Copyright Agent for notice of claims of copyright infringement is as follows:

Director of Content
Parentography, LLC.
6690 Michaeljohn Drive La Jolla CA 92037, USA
Telephone Number: 858-605-1647
Fax Number: 858-605-1651
Email Address: copyright[at]parentography[dot]com

8. Use of Chat Rooms, Bulletin Boards and Other Interactive Areas

The Services may contain discussion forums, bulletin boards, review services or other forums in which you or other Users may post reviews of travel experiences or other content, messages, materials or other items on the Website ("Interactive Areas"). If Parentography provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following:

Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent, with respect to the intended target audience of the Website;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content that, in the sole judgment of Parentography, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose Parentography or its affiliates or its users to any harm or liability of any type.

Parentography takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Parentography liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Parentography is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Parentography has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Parentography reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Parentography's systems and customers, or to ensure the integrity and operation of Parentography's business and systems, Parentography may access and disclose any information and Content it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.

9. Non-Commercial Use

The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by the management of Parentography or in connection with Services expressly designated for commercial use. You will not engage in advertising to, or solicitation of, any User to buy or sell any products or services through any Service. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your account.

10. Member Interaction

You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Parentography reserves the right to restrict the number of communications which a Member may send to other Members in any 24-hour period to a number which Parentography deems appropriate in its sole discretion.

11. Disruption

You will not: (i) cover or obscure the banner advertisements on your personal profile page, or any Parentography page via HTML/CSS, scripting, or any other means, if any (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or (iii) introduce software or automated agents to the Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services. You will not attempt to impersonate another User or person, including any employee of Parentography. You will use the Services in a manner consistent with any and all applicable laws and regulations.

12. Hyperlinks

You are granted the limited, revocable and non-sublicensable right to create a text hyperlink to the Website on another website (a "Linking Site") solely for noncommercial purposes, provided such link does not portray Parentography or any of its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the Linking Site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable, with respect to the intended target audience of the Website. This limited right may be revoked at any time. You may not use a Parentography logo or other proprietary graphic of Parentography to link to the Website without the express written permission of Parentography. Further, you may not use, frame or utilize framing techniques to enclose any Parentography trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without Parentography's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Parentography or any third party without the prior written permission of Parentography or such other party that may own such patent, trademark, copyright or other proprietary right(s).

The Services may contain links to third-party websites ("Third-Party Websites") and third-party content ("Third-Party Content") (a) placed by Parentography as a service to those interested in this information; or (b) posted by other Users. You use all such links to Third-Party Websites, and any Third-Party Content therein, at your own risk. Parentography does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Websites. To the extent such links are provided by Parentography, they are provided only as a convenience, and a link to a Third-Party Website or Third-Party Content does not imply Parentography's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Third-Party Content. Parentography accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Websites, or websites linking to the Website. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

13. Advertisements and Promotions

Parentography may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Parentography, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Parentography is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.

14. Registration Data; Account Security

When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time and not to access your account in excess of the authority granted under this Agreement. You agree to notify Parentography immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

15. WARRANTY DISCLAIMER

Parentography is not responsible for any incorrect or inaccurate Content posted on the Services, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Services. Parentography is not responsible for the conduct, whether online or offline, of any User of the Services. Parentography assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or User communication. Parentography is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Visitors and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Parentography be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.

While Parentography attempts to make your access to the Services safe, Parentography cannot and does not represent or warrant that the Website or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PARENTOGRAPHY, THE SERVICES AND THE MATERIALS CONTAINED THEREIN OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PARENTOGRAPHY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE SITE. PARENTOGRAPHY DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE WEBSITE OR IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICES, THE WEBSITE CONTENT OR ANY PORTION THEREOF.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL PARENTOGRAPHY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PARENTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PARENTOGRAPHY'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY US DOLLARS ($50) AND THE AMOUNTS YOU PAID TO PARENTOGRAPHY IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.

17. Release

You hereby release Parentography, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any offline Parentography event. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

18. Indemnity

You agree to defend, indemnify, and hold Parentography, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.

19. Governing Law and Arbitration

This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts located within San Diego County, California and the federal courts in the Southern District of California for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, Parentography may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

20. U.S. Export Controls

Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.

21. Severability

If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

22. Other

This Agreement constitutes the entire agreement between you and Parentography regarding the use of the Services. The failure of Parentography to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If you have any questions regarding this Agreement or your use of the Website, please submit them to us by contacting us using the information found on our Contact Us page.

23. Copyright/Trademark Information

Copyright © 2006, Parentography. All rights reserved. The trademarks, logos (including without limitation) the pushpin logo and service marks ("Marks") displayed on the Site are the property of Parentography or other third parties. You are not permitted to use these Marks without the prior written consent of Parentography or such third party which may own the Mark.

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