The following terms and conditions (the "Terms and Conditions") cover the websites owned or operated by American Express Publishing
Corporation ("AEP"), any associated Content (as defined below) including email, and Submissions, as defined below (collectively the
"Site"). Please read these Terms and Conditions carefully before using or proceeding to access the Site. You must read and agree
to the following Terms and Conditions of use, including the Code of Conduct, before you access or otherwise use or participate in
the Site. Your access to and registration with the Site (as applicable) is governed by the following Terms and Conditions. By
accessing the Site, you accept these Terms and Conditions in effect at the time of your use. AEP grants you access to use the Site
solely in accordance with these Terms and Conditions. You acknowledge that unauthorized use of the Site may violate copyright,
trademark, privacy, publicity, communication and other applicable laws. As used here, "you" or "User" means any user or visitor
of the Site who is deemed to have read, understood and agreed to the Terms and Conditions and "we" or "us" means AEP.
- DESCRIPTION OF SITE. The Site is an editorially driven lifestyle website featuring information,
opinions and other Content regarding a wide variety of topics including travel, food, wine, golf, family and luxury goods and
- USE OF THE SITE. Your access to and use of the Site is subject to all applicable
international, federal, state and local laws and regulations. The trademarks, logos and service marks ("Marks") displayed
on the Site are the property of AEP and other parties. Users are prohibited from using any Marks for any purpose including,
but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of AEP or
such third party which may own the Marks. All information, materials and content including any text, photographs, audio,
video, illustrations and software programs made available by AEP on or through the Site ("Content") is protected by copyright
and is the property of AEP and other parties. Users may only use the Site and Content for personal use as and to the extent
permitted under these Terms and Conditions and are prohibited from modifying, creating derivative works of, copying, distributing,
transmitting, displaying, publishing, selling or licensing any Content available on or through the Site for commercial, public or
any other purposes. You agree that your participation in the Site is voluntary, personal and non-transferable. AEP may, in its sole
discretion, immediately terminate your access (with or without notice) to the Site should your conduct fail to conform to the Terms
- MODIFICATIONS TO THESE TERMS AND CONDITIONS. We may change the Terms and Conditions of
the Site from time to time by updating this posting. Please visit the Terms and Conditions area each time you visit the Site to
keep up to date with the current terms and conditions regarding your use of the Site. Your continued use of the Site constitutes
an affirmative: (1) acknowledgment by you of the Terms and Conditions and any modifications thereof and (2) your agreement to
abide and be bound by the Terms and Conditions as modified.
- MODIFICATIONS TO SITE. We reserve the right to modify or discontinue the Site with
or without notice to you. Neither AEP, nor its parent company or affiliates shall be liable to you or any third party should we
exercise this right to modify or discontinue the Site.
- USER SUBMISSIONS/ASSIGNMENT. You irrevocably assign to AEP all rights in and to all
text, photographs, illustrations, audio, video and any other content and information (including any ideas or expressions of
ideas embodied therein, and your Site screen/user name) that you upload, store, process, post, transmit, distribute, publish
or otherwise submit to or through the Site (collectively "Submissions"). All comments, suggestions, graphics, ideas (including
product and advertising ideas), and information, materials or other portion of the Submissions you submit to AEP through this
Site will become and remain the exclusive property of AEP, including any future rights associated with such Submissions, even
if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights in such
Submissions, and you acknowledge AEP and/or its agencies unrestricted right to use them (or materials or ideas similar to them)
in any medium or method of transmission now know or hereafter devised, without notice, compensation or other obligation to you
or any other person. It also means that with the exception of your personally identifiable information, AEP, its parent company,
affiliates, licensees, assigns and/or agencies have no obligation to keep your Submissions (or any of the material contained
therein) confidential. You will not be entitled to any remuneration for any use of your Submissions by us or our parent company,
affiliates, licensees, assigns or any other person or entity.
You further release and waive all claims against AEP, its parent company, affiliates and/or agencies with respect to any
intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other
liability under the governing law of the United States.
AEP Privacy Statement, AEP will maintain the confidentiality of all User communications solely to extent
containing the personally identifiable information of a User and which are transmitted directly to AEP. Transmissions to the
Site, to the extent such transmissions do not contain the personally identifiable information of a User, will not be protected
as confidential and AEP may use and provide information contained in any such transmissions (including any Submissions and the
ideas, concepts, know-how or other intellectual property embodied therein) to any of its parent company, subsidiaries and
affiliates or other third parties for any purpose whatsoever and as deemed appropriate by AEP. To the extent that you also
provide us with any of your personally identifiable information, AEP will only use such information in accordance with the
AEP Privacy Statement.
- CODE OF CONDUCT. The Site makes use of the Internet to send and receive certain
messages; therefore, your conduct is subject to Internet regulations, policies and procedures.
You agree to abide by the following rules of conduct:
- (1) You must be 18 years of age or older to register with or use the Site.
- (2) Only those who have registered as members or registered users may access the registration-required portions
of the Site.
- (3) You agree not to copy, modify, distribute, download, display, post, publish, license, create derivative works
of or otherwise transmit Submissions in any form except (i) to and through the Site as and to the extent expressly
permitted hereunder, and (ii) that Users may use the "E-mail a Friend" feature to e-mail specific content to their
- (4) You agree not to use the Site to solicit or advertise any commercial product or activity.
- (5) You agree not to use behavior that does not support a safe and comfortable environment for all Users,
including but not limited to posting or transmitting any materials that are threatening, offensive, harmful, harassing,
abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane (even if it is masked), racially or
ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct.
- (6) You agree not to upload, store, process, post, transmit, distribute, publish or otherwise submit to or through
the Site any Submissions which:
- (i) restrict or inhibit any other User from using the Site or contain a virus or other harmful component.
- (ii) violate any local, state, Federal or International laws or give rise to civil liability.
- (iii) violate or infringe any rights of third parties (including but limited to copyright, trademark,
rights of privacy or publicity, such as defamation or any other proprietary right).
- (iv) violate these Terms and Conditions or are not otherwise appropriate or pertinent to the purpose of the Site.
- (v) impose an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site.
- (7) You agree not to use any trademarks, trade names, logos or other identifying marks ("Marks") of AEP, its parent
company, affiliates, agencies or any third party for any purpose including without limitation to use as metatags on the
Site or on other pages or sites on the World Wide Web without the written permission of AEP, and, if applicable, the
third party that owns the Marks.
- (8) You agree not to use the Site for any unlawful purpose or activity including without limitation:
- (i) chain letters, junk mail, spamming or similar activities.
- (ii) "spoofing" (i.e., using any means to disguise your online identity or alter original attribute
information when sending e-mails or posting messages to the Site or impersonating AEP, another User or the
- (iii) Using or possessing programs to "crack" passwords or other Internet security tools.
- (iv) Attempting to circumvent established Internet security measures.
- (v) posting or transmitting any material that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any applicable local, state, national or
international law or regulation.
- (9) You agree not to interfere with another Users use and enjoyment of the Site.
- (10) You agree not to upload, store, process, post, transmit, distribute, publish or otherwise submit any photos,
hyperlinks, materials or other Submissions on or through the Site that do not comply with these Terms and Conditions.
- (11) Before beginning a new discussion, please skim through the threads to make sure that someone has not already started a
conversation about your topic. Also, please make sure that you place your post in the appropriate thread.
- (12) Please respect the opinions of other Users. We encourage you to discuss opinions as long as they remain
respectful. This Site was created to allow sharing and discussion of opinions and experiences pertaining to a wide
variety of topics such as travel, food, wine, golf, family and luxury goods and services and any attempts to harass
or threaten other Users because they have differing opinions will not be tolerated.
- (13) We encourage you to be as individual as you like in the way you express yourself, but messages that get your
point across (and get the best responses) are those that use complete words and sentences with an attempt at good
grammar and spelling. Please do not type in uppercase - this is considered yelling.
- (14) Please do not post the same message more than once in the same thread or another thread. It is considered
spamming and is not permitted.
- (15) Occasionally a User may create a thread with inflammatory remarks just to stir things up. This type of post
is called a troll and is not permitted.
- (16) Occasionally you will see a message with only the word "Bump" in it. This is a vehicle for moving a thread
to the top of the menu. Bumps are not permitted.
- (17) Do not give out or post any of your personally identifiable information (e.g., your email address, your real
name, your mailing address and your phone number). If you are asked for any of this information, we suggest you simply
say "I don't feel comfortable giving that out" and please report it using the Site's tool for reporting posts that
violate these Terms and Conditions.
Violations: You are solely responsible for the Submissions (including the content and other information
contained therein) you transmit to or through the Site. Should your conduct fail to conform with these Terms and Conditions,
we reserve the right to remove or edit any material or other portion of any Submission that does not (in our sole judgment)
comply with these Terms and Conditions, revoke posting privileges and/or ban you from accessing the Site at our sole discretion.
Our decisions are considered final. If you see a post that violates these Terms and Conditions in some way, please report it using
the Site's tool for reporting posts that violate these Terms and Conditions.
If you choose to reply to an offensive/abusive post on this Site, please do so respectfully. Your post is subject to the
same Terms and Conditions as the original post, even if the original post violates the Terms and Conditions.
Although AEP, its parent company, affiliates and/or its agencies may monitor postings and transmissions to the Site, it
is not obligated to do so and will not be liable for any Submissions on the Site. Neither AEP nor its parent company,
affiliates or agencies endorse any information or other portion of any Submission uploaded, stored, processed, posted,
transmitted, distributed, published or otherwise submitted to or through the Site.
THE SITE MAY PROVIDE A LINK TO OTHER WEB SITES BY ALLOWING YOU TO LEAVE THE SITE TO ACCESS THIRD-PARTY MATERIAL OR BY
BRINGING THE THIRD-PARTY MATERIAL INTO THE SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). AEP HAS
NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT AEP HAS PROVIDED A LINK TO A LINKED
SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH LINKED SITE, ITS OWNERS, OR ITS
PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND AEP URGES
YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.
AEP PERMITS USERS TO ADD HYPERTEXT LINKS TO THE SITE PROVIDED THE CONTENT OF SUCH LINKED SITE COMPLIES WITH THESE TERMS
AND CONDITIONS. AEP, HOWEVER, RESERVES THE RIGHT TO DISABLE AND REMOVE ANY SUCH LINKS AND SPECIFICALLY DISCLAIMS ANY
RESPONSIBILITY FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE SITE (INCLUDING ALL LINKED SITES).
AEP PROHIBITS THE FRAMING OF ANY CONTENT AVAILABLE THROUGH THE SITE. ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE SITE
(INCLUDING ALL LINKED SITES) IS AT THE USER'S OWN RISK. YOU SHOULD BE AWARE THAT LINKED SITES MAY CONTAIN RULES AND
REGULATIONS, PRIVACY PROVISIONS, CONFIDENTIALITY PROVISIONS, TRANSMISSION OF PERSONAL DATA PROVISIONS AND OTHER PROVISIONS
THAT DIFFER FROM THE PROVISIONS PROVIDED ON THE SITE. NEITHER AEP, NOR ITS PARENT COMPANY OR AFFILIATES ISRESPONSIBLE FOR
SUCH PROVISIONS AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS.
- NO WARRANTIES. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR
OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
SECURITY OR ACCURACY.
NEITHER AEP, NOR ITS PARENT COMPANY OR AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY
OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, (B) ANY CONTENT PROVIDED ON THE SITE AND ANY LINKED SITES OR (C) THE
CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL AEP, ITS PARENT COMPANY,
AFFILIATES ORAGENCIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR
A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. IT IS YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR
OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC
OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
- LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES.
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AEP SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.
AEP DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. AEP IS UNDER NO OBLIGATION
TO UPDATE ANY CONTENT ON THE SITE. AEP MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. AEP MAY MAKE
IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.
YOU AGREE THAT AEP, ITS PARENT COMPANY, AFFILIATES AND AGENCIES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT,
PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF
PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED
SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF AEP IS MADE AWARE OF THE POSSIBILITY OF
SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY
INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER
INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR
ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. AEP CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED
OR SECURE ACCESS TO THE SITE.
- LIMITATION OF LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE.
ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS
AGAINST ANY AND ALL SUCH PROVIDERS OF GOODS AND SERVICES. AEP, ITS PARENT COMPANY, AFFILIATES AND AGENCIES HEREBY DISCLAIM ANY
LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT,
PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER
OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT,
DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY
EXONERATE AEP, ITS PARENT COMPANY, AFFILIATES AND AGENCIES FROM ANY LIABILITY WITH RESPECT TO THE SAME.
- INDEMNIFICATION. You agree to indemnify and hold AEP, its agencies and
their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms and Conditions by you, or
the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or
- TERMINATION. We shall not be liable to you or any third party for
termination of the Site. Should you object to any Terms and Conditions of the Site or any subsequent modifications thereto or
become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
- PARTICIPATION IN PROMOTIONS OF ADVERTISERS. You may enter into
correspondence with or participate in promotions of advertisers, if any, showing their products on the Site. Any such
correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and
the advertiser. AEP assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
- USE OF "COOKIE" FILE FEATURES. AEP reserves the right to store
information on a User's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect Users'
procedures for disabling cookies.
View the AEP Privacy Statement, "about Cookies".
- DIGITAL MILLENNIUM
COPYRIGHT ACT - NOTIFICATION TO AEP REGARDING ALLEGED COPYRIGHT INFRINGEMENT.
AEP's parent company, American Express Travel Related Services Company, Inc., has registered an agent with the United States
Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the
protections under the Act. AEP reserves the right to remove any Content on the Site which allegedly infringes another person's
copyright. Notices to AEP regarding any alleged copyright infringement on the Site should be directed to American Express'
General Counsel's Office Attn.: Technology Counsel at
- LAWS. The Terms and Conditions shall be governed by and construed in
accordance with the laws of the state of New York, excluding its conflict of law provisions. You and AEP agree to submit to
the exclusive jurisdiction of the courts of the state of New York. If any provision(s) of the Terms and Conditions is held by
a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to
reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise
or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by us in writing. You acknowledge and agree that you will not seek to litigate any claims against
AEP, its parent company or affiliates on a class action or representative party basis and that you shall pursue such claims
solely on an individual basis. You and AEP agree that any cause of action arising out of or related to the Site must commence
within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles
in the Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance.