Destination Express

Destination Express Inc. - Terms of Service

IMPORTANT - PLEASE READ CAREFULLY: These Terms and Conditions of Use constitute a legally binding agreement (the "Agreement") between you and destinationexpress.com ("destinationexpress") regarding your access to and use of the website and services provided to you by destinationexpress pursuant to this Agreement (the "Website"). By accessing and using the Website, you acknowledge that you have read and understand the terms of this Agreement, and that you agree to be bound by them. If you do not agree with these terms and conditions then you are not authorized to access the Website and you should exit the Website immediately.

1. ACCEPTANCE OF TERMS

destinationexpress provides our services and access to our Website to you, subject to the following Terms of Service ("TOS"), which we reserve the right to update from time to time without notice to you. You can review the most current version of the TOS at any time at the bottom of this document.
In addition to these TOS, when using particular destinationexpress services, you will be bound by any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS. If you are an exchange member of the destinationexpress Service, you will be asked to accept separate terms and conditions in connection with your participation in that service. destinationexpress also may offer other services from time to time that are governed by different terms.

2. DESCRIPTION OF SERVICE

destinationexpress currently provides users with access to various resources, including communications tools, online forums, shopping services, personalized content and branded programming through its network of web sites (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new destinationexpress sites and services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that destinationexpress assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

  In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or destinationexpress has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, destinationexpress has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. destinationexpress PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy with URL:
   http://www.destinationexpress.com/?privacy-policy.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

For certain services you will be required to complete a registration process, following which you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify destinationexpress of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. destinationexpress cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not destinationexpress, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. destinationexpress does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will destinationexpress be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to:
    a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    b. harm minors in any way;

    c. impersonate any person or entity, including, but not limited to, a destinationexpress representative or employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;

    d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

    e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

    g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

    h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

    j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

    l. "stalk" or otherwise harass another; or

    m. collect or store personal data about other users.

You acknowledge that destinationexpress does not pre-screen Content, but that destinationexpress and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, destinationexpress and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by destinationexpress or submitted to destinationexpress, including without limitation information in destinationexpress Spray Files, and in all other parts of the Service.

You acknowledge and agree that destinationexpress may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of destinationexpress, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. PUBLIC CONTENT POSTED TO destinationexpress

(a) For purposes of the TOS, "publicly accessible areas of the Website" are those accessible by the general public.

(b) With respect to Content you elect to post for inclusion in publicly accessible areas of the Website or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Website, you grant destinationexpress the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Website solely for the purpose of displaying, distributing and promoting the specific Services to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Services. This license exists only for as long as you elect to continue to include such Content on the Website and shall be terminated at the time you delete such Content from the Website.

(c) With respect to all other Content you elect to post to other publicly accessible areas of the Website, you grant destinationexpress a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

9. INDEMNITY

You agree to indemnify and hold destinationexpress, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Website or the Services, your connection to the Website, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website or the Services, use of the Website or the Services, or access to the Website or the Services, except as expressly contemplated by these TOS, the Services themselves or a separate written agreement between you and destinationexpress.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that destinationexpress may establish general practices and limits concerning use of the Service. You agree that destinationexpress has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that destinationexpress reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that destinationexpress reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE

destinationexpress reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice. You agree that destinationexpress shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

13. TERMINATION

You agree that destinationexpress, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if destinationexpress believes that you have violated or acted inconsistently with the letter or spirit of the TOS. destinationexpress may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that destinationexpress may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that destinationexpress shall not be liable to you or any third-party for any termination of your access to the Service.

14. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that destinationexpress shall not be 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 such advertisers on the Service.

15. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because destinationexpress has no control over such sites and resources, you acknowledge and agree that destinationexpress is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that destinationexpress shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. destinationexpress'S PROPRIETARY RIGHTS

You acknowledge and agree that the Website and the Services and any necessary software used in connection with the Website and the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by destinationexpress or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

destinationexpress grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website or the Services. You agree not to access the Website or the Services by any means other than through the interface that is provided by destinationexpress for use in accessing the Website and the Services.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. destinationexpress 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.

b. destinationexpress MAKES NO WARRANTY THAT
    (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,

    (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

    (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,

    (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND

    (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM destinationexpress OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT destinationexpress SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF destinationexpress HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

21. COPYRIGHT MATTERS

destinationexpress respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

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;

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.

destinationexpress's representative for Notice of claims of copyright infringement on its site is David who can be reached as follows:

By mail:

Destinationexpress.com, Inc.
PO Box 900623
Orlando, FL 32803
By email: info[at]destinationexpress.com

22. GENERAL INFORMATION

The TOS constitutes the entire agreement between you and destinationexpress and governs your use of the Service, superseding any prior agreements between you and destinationexpress. 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. The TOS and the relationship between you and Yahoo shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and destinationexpress agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Salt Lake City, Utah. The failure of destinationexpress to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

23. VIOLATIONS

Please email any violations of the TOS to: info[at]destinationexpress.com


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Destinationexpress.com online Privacy Policy

Destinationexpress.com is strongly committed to protecting your privacy and providing a safe online experience for all our users. This Privacy Policy applies to information collected online through Destinationexpress.com's Web site, which includes all of the Destinationexpress.com Guide-Sites and governs online data collection and usage by Destinationexpress.com. Please read the complete Destinationexpress.com Online Privacy Policy below and contact us if you have any questions.

COLLECTION AND TRACKING OF PERSONAL INFORMATION

So that we can provide you with the most efficient and enhanced service, we request information about you. We collect personally identifiable information such as names, email addresses and demographic information such as age, gender and zip code. We also may collect your IP address, browser type, domain name, access times and referring Web site address. This information is collected both during registration on a site or in response to specific requests, for example when signing up for a newsletter, entering a sweepstakes or contest or answering a survey. Information collected at one Destinationexpress.com Web site will be available within the Destinationexpress.com family of Web sites.

Sometimes we will give you the opportunity to opt in to offers from third parties not affiliated with Destinationexpress.com. If you decide to accept these offers, we will provide, with your consent, your information to the third party. However, you should note that this Privacy Policy does not apply to information users consent to give to third parties not affiliated with Destinationexpress.com. Any information users give to another party is governed by the rules of that party's privacy policy, which may differ from this Privacy Policy. Destinationexpress.com is not responsible for information given to other parties. Please review their privacy policies prior to providing any information to third parties.

WHAT WE DO WITH COLLECTED INFORMATION

We use personal information so that we may display custom, personalized content to our visitors and send newsletters, emails, features, promotional material, surveys and other updates to our users. A user may, at any time, opt out of receiving such information. We also use collected information to evaluate and administer our service, respond to any problems that may arise and to gauge user trends to determine what part of our services are most popular with users.

We may extend offers to users on behalf of our partners about a particular product or service that may be of interest to you, but we will never give out your name or personal information at any time without your permission. As result, although Destinationexpress.com may receive a fee from our partners for this service, Destinationexpress.com sends all the offers so that your personal information is never shared with any outside third party.

We may, at times, produce reports for advertisers containing aggregate information about our users such as demographic, age and online usage information. This allows us to work more closely with advertisers to provide content and offers that are most relevant to our users. We will never include any personal information of our users in these reports.

We allow users of our Web site to send articles or links by email to other parties who may be interested in them. We do not retain any email addresses (unless you are a member who already has voluntarily provided your email address) of either the sender or recipient of such articles or links after they are sent.

We reserve the right to use or disclose any information without notice or consent as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our site and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.

You should be aware that if you voluntarily disclose information online (whether through Destinationexpress.com's services or any other service available online), personal or otherwise, that information can be collected and used by others. For example, if you use chat, forums, bulletin boards, your e-mail or if you post personal information online, you may receive unsolicited messages from others. Destinationexpress.com has no control over this use of your personal information.

USE OF COOKIES

Your browser offers so-called "cookies" which, if you allow their use, store small amounts of data on your computer when you visit a Web site. Cookies do not contain any personally identifiable information about you and therefore cannot be used to identify you personally. Cookies simply assist us in tracking which of our features you like best. Cookies also enable us to customize our content according to your preferences. You have the ability to accept or decline cookies by modifying your browser and our Web sites are viewable even if you disable the cookie function on your browser. However, if you disable cookies, some advanced and customized features of our site, as well as other Web sites, will not be available to you.

We may also place a cookie on your browser so that this and other Web Sites owned by The New York Times Company will recognize you as a unique, anonymous user. This will enable us to make sure that you do not see the same ad over and over, to sequence ads in a series, and to measure more accurately the number of unique visitors across the network of New York Times Company Web sites.


USE OF WEB BEACONS

Some of our Web pages may contain electronic images known as Web beacons, which are also called single-pixel gifs. These images allow us to count users who have visited those pages and to deliver co-branded services. We also may include Web beacons in promotional e-mail messages or newsletters in order to count how many messages have been opened and acted upon. Web beacons are not used to access your personally identifiable information but they are a technique we use to compile aggregated statistics about our Web site usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, originating IP address, and a description of the page on which the Web beacon resides. Some of our Web pages may also contain Web beacons placed there by our advertising partners to help us determine the effectiveness of our advertising campaigns.

CONTROLLING YOUR PERSONAL INFORMATION

A user may, at any time, change, correct, modify or delete any personal information they may have provided to Destinationexpress.com by visiting the Member Center located on the Destinationexpress.com homepage. Users can also unsubscribe from any newsletters or opt out of various promotional emailings at any time by visiting the Newsletters section in the Member Center or clicking on "unsubscribe" links in each of our newsletters or emails.

SECURITY OF YOUR PERSONAL INFORMATION

Destinationexpress.com employees are made aware of its privacy practices through periodic communications and training. We limit access to private and confidential data only to those employees with a specific need to retrieve this information and we store data on multiple service systems, in controlled, secure environments. To maintain our level of security, we conduct both internal reviews and external audits of our security measures and procedures on a regular basis.

Destinationexpress.com has a system in place to effectively screen its users to ensure compliance with this Privacy Policy and the Children's Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations establish United States federal law that protects the privacy of children using the Internet.

Our site and services may collect information about children under 13, including e-mail forum participation and chat rooms. Use of such activities requires initial registration by the participant. Children under 13 who wish to register are asked to have a parent or legal guardian do so for them. The parent must provide a credit card number for verification that he/she is an adult. Upon verification, the parent can choose in which activities he or she would like the child to participate. Parents can change the selected activities at any time.

Only after verifying age in accordance with Federal standards, do we collect and maintain the name, date of birth and email address of children who register. With proper proof of identification (including name and credit card verification), parents can review their child's personal information, ask to have it deleted and refuse to allow any further collection or use of their child's information.

We use cookies to check the age of registered users who enter chat rooms. We do not knowingly permit users under 13 into chat rooms unless their parents have consented to their participation.

Destinationexpress.com includes many topical areas that all users may access. When a parent provides verifiable consent to allow his or her child to use chat and forums and to receive newsletters or other materials where a child may provide personally identifiable information, the child will also have access to those relevant services throughout the Destinationexpress.com site, including areas that may not be directed toward children. In particular, if you allow your child to participate in chat or forums, your child will have access to all chat and forum areas on Destinationexpress.com. Many chat areas are not monitored and private chat is permitted. Chat areas may contain information or language unsuitable for young children and visitors of all ages may participate. If you authorize your child to participate in these features, we encourage you to monitor their use closely. We also allow guests to participate in chat and forum areas at Destinationexpress.com but use techniques to prevent unregistered children under 13 from participating in areas unsuitable for them. Parents can change these options at any time.

Except as authorized under COPPA, Destinationexpress.com will NOT:

  • collect online contact information from a user under 13 without prior verifiable parental consent, which includes an opportunity for the parent to prevent use of the information and participation in the activity. When we do not obtain prior verifiable parental consent, online contact information will be used only to directly respond to the child's request and will not be used to contact the child for other purposes.
  • collect personally identifiable offline contact information from users under 13 without prior verifiable parental consent.
  • distribute to third parties any personally identifiable information collected from children known to be under 13.
  • give the ability to children to participate in forums or chat rooms without prior verifiable parental consent.
  • entice a child under 13 by the prospect of a special game, prize or other activity, to divulge more information than is needed to participate in such activity.

We will also place prominent notice wherever personally identifiable information is collected requesting the child to ask a parent for permission to proceed.

CHANGES IN CORPORATE STRUCTURE

In developing our business, we might sell certain assets or the company, or parts of it, may be sold, merged or otherwise transferred. In such transactions, user information, whether personally identifiable or otherwise, may be one of the transferred assets.

VISITORS OUTSIDE THE UNITED STATES

Our Web site and the servers that make this site available worldwide are located in the United States. All matters relating to these sites are governed by the laws of the State of New York in the United States. Any information you provide will be transferred to the United States. By visiting our sites and submitting information, you authorize this transfer.

CHANGES TO OUR PRIVACY POLICY

We will occasionally update this Privacy Policy as necessary to maintain the highest protection for our users and to comply with a changing environment. We recommend that you check the policy when you visit our site to be sure you are aware of and understand our current policy. If we make material changes to this policy or in how we will use or collect your personally identifiable information, we will prominently post such changes prior to implementing the change. We will not make changes in how we handle previously collected personal information that have retroactive effect unless legally required to do so.



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