Disclosure – Material Connection Disclaimer
As an established travel and lifestyle writer I, Devyn Kern, sometimes do brand/product/service/destination/event/website-related editorial reviews for online and/or print publishing and/or interviews with radio and television media. I only discuss items, topics and/or information that I truly and genuinely believe can be of interest and value to the intended audience, consumers or otherwise. Some are made by small companies that might otherwise never get the message out about their products, and some are by larger companies that also have noteworthy offerings. I am sometimes remunerated by companies (cash sponsorship, advertising, paid insertions or other forms of compensation) to discuss or write about their brand/product/service/destination/event/website and, when this is the case: for broadcast it is disclosed to the station and, for written works, is disclosed to any third party online/print publishers via accompanying disclaimer text at the article footer. In direct relation to such sponsored coverage, I also sometimes write a blog post for this TheSuitcaseLife.com site and, for content of this nature, “Sponsored Post” disclosure is indicated at the post footer. I sometimes may also make related Twitter, Facebook, Pinterest, YouTube and other social media posts in relation to the sponsored items/topics. However, in any and all instances relating to sponsored coverage–regardless of how the information is disseminated online, in print or via broadcast–all opinions, views, beliefs, experiences or findings on those topics or items expressed within any of these communications are entirely those of Devyn Kern, and have not been influenced in any way whatsoever. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, retailer, distributor, provider or party in question. Changes to the above will be stated clearly.
BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER KERN CONTENT, SERVICES, OR WEBSITES – INCLUDING THAT WHICH IS KERN-BRANDED OR KERN OTHERWISE ACTIVELY GENERATED WITH PARTNER AFFILIATES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
1. COPYRIGHT INFRINGEMENT
It is the policy of KERN to respect the intellectual property rights of others. If you identify an image or other content on TheSuitcaseLife.com or an affiliated web site you believe should be removed or the copyright attribution corrected, contact Devyn Kern directly at TheSuitcaseLife@kerncomm.com and the image/content in question will immediately be removed from the site(s) pending legal review per the below mandatory protocol set forth by the Digital Millennium Copyright Act (DMCA). All photographs posted with TheSuitcaseLife.com or other KERN editorials are provided and published by permission of the owner and/or its authorized representative and are copyrighted by their respective owners. Images on this site may be viewed but may not be copied or otherwise utilized or linked to without express written permission of KERN and/or the owner of the image(s).
Notice and Takedown Procedure
KERN expeditiously responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been utilized in a way that constitutes copyright infringement, you may provide KERN’s Designated Agent (listed below) with a notice that contains all six points enumerated below (preferably via email).
Upon receipt of a valid notice, KERN will promptly remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.
Be aware that, per the Digital Millennium Copyright Act (DMCA), a notice must contain all six points for KERN to take action.
KERN’s Designated Agent can be can be contacted at:
Accommodation of Standard Technical Measures.
It is KERN’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that KERN determines are reasonable under the circumstances.
The provider of the allegedly infringing content may make a counter-notification pursuant to sections 512(g) (2) and (3) of the DMCA. To file a counter-notification with KERN, please provide KERN’s Designated Agent (listed above) with the following information (preferably via email):
Upon receipt of a counter-notification containing all six points, KERN will promptly provide the person who provided the original takedown notification with a copy of the counter-notification, and inform that person that KERN will replace the removed material or cease disabling access to it in 10 business days.
Finally, if KERN’s Designated Agent then receives notification within 14 days of the counter notification from the person who submitted the original takedown notification that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system, then KERN will once again remove the file from our system.
In accordance with Section 512(i)(1)(a) of the DMCA, KERN will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
2. ACCESS TO THIS SITE
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If KERN believes the information you provide is not correct, current, or complete, KERN has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
3. RESTRICTIONS ON USE
4. PERSONAL AND NON-COMMERCIAL USE LIMITATION
TheSuitcaseLife.com website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without KERN’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to KERN’s websites without express written permission.
5. PROPRIETARY INFORMATION
6. LINKS TO THIRD-PARTY WEBSITES
This site may link to other sites which are not maintained by, or related to, KERN. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or KERN. KERN has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and KERN makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. KERN provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by KERN of that site or any association with its operators.
7. USE OF COMMUNICATION SERVICES
When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither KERN nor any third party that provides Content to KERN will assume or have any liability for any action or inaction by KERN or such third party with respect to any submission. KERN cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. KERN does not control or endorse the content, messages or information found in any Communication Service and, consequently, KERN specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KERN spokespersons, and their views do not necessarily reflect those of KERN.
You hereby grant to KERN the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to KERN through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. KERN will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future KERN operations.
You understand that KERN cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. KERN does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by KERN.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. KERN DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. KERN DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KERN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KERN MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT KERN, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. KERN MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and KERN does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
10. LIMITATION ON LIABILITY
KERN, HER AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KERN AND HER AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO KERN FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
11. TERMINATION OR RESTRICTION OF ACCESS
KERN reserves the right, in its sole discretion, to terminate your access to any or all of KERN’s websites and the related services or any portion thereof at any time, without notice.
13. TRADEMARKS AND COPYRIGHTS
The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation “TheSuitcaseLife.com Reviews,” are trademarks or registered trademarks of KERN. All other content on the website(s) is the copyrighted work of KERN or its affiliates, Copyright © 2011-2012 Devyn Kern, all rights reserved, and may not be copied, imitated or used, in whole or in part, without the prior written permission of KERN or its affiliates. The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of KERN. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). KERN will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that KERN considers insecure, KERN will be entitled to require the password to be changed and/or terminate your account.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and KERN as a result of this agreement or use of KERN’s websites.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.