Article Publishing Service — Terms and Conditions

Your use of the Website and/or Service provided by ActivityQuest.com shall be governed by the policies, terms and provisions set forth in these Terms and Conditions.

Your use of the Website and/or the Service constitutes your acknowledgment of and agreement to be bound by these Terms and Conditions, and shall constitute a waiver of any right you may otherwise have had to object to these Terms and Conditions. As a condition of your use of the Website or the Service, you hereby represent and warrant that you will not use the Website and/or the Service for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. If you do not agree with any of the policies, terms and provisions set forth in these Terms and Conditions, you are not authorized to use the Website or the Service.

Definitions

For purposes of these Terms and Conditions, the following terms when capitalized are defined terms and shall have the meanings set forth below:

  • Author, You or Your means any individual, organization, institution, business entity or other party submitting an Article to Us to be published on ActivityQuest.com.
  • Activity Article or Article means any article written by an Author. The Author is listed on each Activity Article.
  • ActivityQuest.com means ActivityQuest.com LLC, a New York limited liability company. ActivityQuest.com is also referred to in these Terms and Conditions as “We,” “Us” and “Our.”
  • Agreement means these Terms and Conditions, as amended and/or revised.
  • Content means all information and data that is entered by an Author in its Article.
  • Terms and Conditions means the policies, terms and provisions contained in this document.
  • Website means any and all websites owned and/or operated, presently or in the future, by ActivityQuest.com, including without limitation the website located at www.activityquest.com.

Entering Into This Agreement

Prior to using Our Service, You must enter into this Agreement and agree to these Terms and Conditions by checking the “read and approve” check box during the article submission process. By doing so, You acknowledge that You are entering into a legally binding contract with ActivityQuest.com. Furthermore, by using Your Account and Our Service, You agree to be bound by these Terms and Conditions, as amended from time to time by ActivityQuest.com.

ActivityQuest.com reserves the right to modify, amend, update and change these Terms and Conditions from time to time without notice to You. You are responsible for regularly viewing these Terms and Conditions. ActivityQuest.com also reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently the Service, with or without notice. You agree that ActivityQuest.com shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to the Service or these Terms and Conditions.

Description of Our Article Publishing Service

What we Provide

ActivityQuest.com allows Authors to promote themselves, their products or services to our audience of children, parents, adults, and seniors, who are looking for  activities to do at home or anywhere they are. Authors do so by writing articles about activities and by submitting them to us for publishing consideration on our Website.

On each Article, Authors can provide a paragraph describing themselves, products or services, and can provide one or more links to their website.

We guarantee that search engines will visit Your Articles and will follow the links you provided into the Author’s Description box.

What we Do not Provide/Guarantee

You acknowledge that We do not pay You to publish one or more Articles on Our Website. The primary reason for submitting your Articles is for the chance to increase Your exposure with search engines, and to receive pre-qualified visitors to Your website.

We also do not promote Your Articles in any way on Our Website or other websites. Even if We receive thousands of unique visitors monthly, there are no guarantees our visitors will read Your Articles or click the links You provided.

Activity Articles

Unacceptable Content

You agree not to use the Service to:

  1. make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  4. make available any Content that You do not have a right to make available 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);
  5. make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  6. make available any unauthorized advertising, promotional materials, or any other form of unauthorized solicitation;
  7. make available 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;
  8. violate any applicable local, state, national or international law, rule or regulation.

Ownership

You understand that all Content submitted by You is Your sole responsibility and that You must own the rights to publish it on the Website.

Review/Editing/Disclosure

You acknowledge that ActivityQuest.com will review all Articles submitted using its Service and that ActivityQuest.com and its designees have the right in their sole discretion to not publish any Article that do not meet our Editorial Guidelines, violates these Terms and Conditions or is otherwise objectionable.

If Your article does not conform to the ActivityQuest.com Editorial Guidelines, Our editors may edit Your Article so that it does conform. You will be notified by e-mail that We did so and You will have the option to make further changes.

You also acknowledge and agree that ActivityQuest.com may preserve and disclose Articles 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 these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ActivityQuest.com, its users and the public.

Article Removal

We reserve the right to remove Your Article(s) at any time and for any reason. A notification will be e-mailed to You at that time.

Banner and Keyword Ads

Activityquest.com is advertiser supported. Banner and keyword ads will be published on the same pages as your Articles.

Used in ActivityQuest.com Marketing

You agree that ActivityQuest.com may use without notice and without Your knowledge screen captures or Content of Your Articles for inclusion into Our marketing and advertising materials — electronic, print, and audio-visual.

Copyright

Your Content

All Content entered by You into Your Articles is Your sole responsibility and You must own the rights to publish it on Our Website.

You agree to grant ActivityQuest.com a continuing, world-wide, non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on Our Website and in Our marketing materials for the purposes of providing and promoting ActivityQuest.com and the Service.

Our Content

All contents of the Website, including all screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by ActivityQuest.com in writing or otherwise required by applicable law, any rent, lease, license, sale, modification, duplication, distribution, alteration, reverse engineering, reproduction, creation of derivative works, reformatting, retransmission, publication or other exploitation of any intellectual property or proprietary information (including without limitation programming codes such as source codes and object codes) of ActivityQuest.com is strictly prohibited.

All contents of the Website — excluding Your Articles — are Copyright by ActivityQuest.com.

All rights not expressly granted herein are reserved.

Privacy Policy

This linked Privacy Policy is part of these Terms and Conditions.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Our Service, use of Our Service, or access to Our Service.

Indemnity

You agree to indemnify and hold harmless ActivityQuest.com, its subsidiaries, affiliates, managers, members, officers, agents, employees, partners, co-branders and/or any other related parties from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by ActivityQuest.com in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to (i) any content which you submit, post to, e-mail or transmit through or on the Website, (ii) your use of the Website, any other site or the Service, (iii) your violation of these Terms and Conditions, or (iv) your violation of any rights of any third party.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACTIVITYQUEST.COM 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.

ACTIVITYQUEST.COM 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 WEBSITE AND THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU FROM US WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTIVITYQUEST.COM OR THROUGH OR FROM THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACTIVITYQUEST.COM SHALL NOT BE LIABLE FOR ANY 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 ACTIVITYQUEST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ACCESSING THE WEBSITE OR THE SERVICE; or (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED HEREIN, ACTIVITYQUEST.COM’S AGGREGATE LIABILITY TO YOU UNDER THESE TERMS AND CONDITIONS FOR ANY LOSSES, CLAIMS, COSTS OR DAMAGES ARISING OUT OF ANY CAUSE WHATSOEVER, WHETHER AT LAW, IN EQUITY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU HEREUNDER.

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 11 AND 12 MAY NOT APPLY TO YOU.

Jurisdiction

These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of New York. Under no circumstances shall the laws of any other jurisdiction be applied, even where such a result would be indicated by choice of law rules. By using the Website or the Service, you hereby irrevocably consent to the personal and exclusive jurisdiction and venue of Federal and state courts in Monroe County, New York regarding any and all disputes relating to these Terms and Conditions or your use of the Website.

Communications

Notices to You may be made via e‑mail or regular mail. Notices from You to ActivityQuest.com may also be made via e‑mail or regular mail. ActivityQuest.com may (but is not obligated to) provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices generally on the Website.

Any questions concerning these Terms and Conditions should be directed to:

ActivityQuest.com, LLC
130 Boniface Drive
Rochester, NY 14620, USA
E-mail: Please use our Contact Us form

General

These Terms and Conditions shall constitute the entire agreement and understanding between You and ActivityQuest.com regarding the matters set forth herein, and any and all previous agreements and understandings between or among You and ActivityQuest.com regarding the subject matter hereof, whether written or oral, are superseded by these Terms and Conditions. No agreement or other understanding purporting to modify these Terms and Conditions shall be binding upon ActivityQuest.com unless otherwise agreed to by ActivityQuest.com in writing. Any such permitted alterations to these Terms and Conditions by ActivityQuest.com shall become immediately effective on the date said changes first appear on the Website. The failure of ActivityQuest.com to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAVE HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT.

IN CONSIDERATION OF ACTIVITYQUEST.COM PROVIDING THE DESCRIBED SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF THIS AGREEMENT.