LEGAL INFORMATION FOR LANIER PUBLISHING INTERNATIONAL (LPI)
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Our Legal Information covers Lanier Publishing International (LPI) and its Web sites:
TERMS AND CONDITIONS FOR CONTENT, LISTING AND PUBLICATION
Lanier Publishing International Ltd. (“Publisher”), directly or through affiliates, operates a variety of Web sites(“Web Sites”), including www.lanierbb.com, www.elegantsmallhotel.com, www.familytravelguides.com, and www.travelguides.com. As part of its activities, Publisher operates a registry and membership organization for small inns, hotels and resorts(the “Registry”). Publisher also publishes a variety of works focused principally on the travel industry in print, electronic and online formats (each a “Work”).“Work” includes both initially published works of Publisher and any derivative publications thereof, including electronic media, digital media, online services and any other medium which may be developed hereafter(collectively “Derivative Publications”).
Publisher permits registered users of the Web Sites and members of the Registry to provide informtion and materials to Publisher for use on the Web Sites and as part of a Work. “Registered Users” include all persons and entities, as well as the agents and representatives of such persons and entities, that provide “Content” (as hereafter defined) to Publisher, including registered users of the Web Sites and Registry members. Without limitation, “Registered Users” include all property owners seeking to list a hotel, inn or resort (each a “Property”) on the Web Sites and/or to have the Property be considered for inclusion in a Work. “Content” includes all information that Registered Users provide to Publisher, whether provided orally or in electronic or hardcopy form, and all materials that you provide to Publisher, including, without limitation, all text, graphics, photos, sounds, music, videos, and multimedia combinations that you provide.
This document describes the terms and conditions of the agreement between each Registered User and Publisher relating to (1) all Content that the Registered User provides and (2) the Registered User’s participation in the Registry. Each Registered User agrees as follows:
A. The Registered User represents and warrants that it owns or has the necessary licenses, rights, consents, and permissions to submit the Content to Publisher, to authorize publication of the Content, and to permit others to publish the Content. By submitting the Content, the Registered User grants Publisher a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content on the Web Sites and as part of a Work, including any and all Derivative Publications. The Registered User acknowledges that the rights granted include the right to use as part of a Work, without limitation (i) the names, portraits and/or pictures of living persons or property, (ii) any material that is subject to protection under copyright law and any other law protecting the proprietary rights of third parties, and (iii) any testimonials contained in the Content
In consideration of Publisher's acceptance of the Content, the Registered User shall indemnify, defend and hold harmless the Publisher, its officers, directors, shareholders, employees and agents from and against any and all losses, liabilities, damages, claims and expenses of any nature, including, without limitation, attorneys fees and the fees of other professional advisors(collectively “Claims”), arising out of or relating toPublisher’s use of the Content on the Web Sites or in any Work. The Registered User acknowledges that its obligations include Claims for libel, violation of rights of privacy, plagiarism, copyright and trademark infringement, misrepresentation, negligence or other theory of liability.
B. Inclusion of a Property listing on one or more of the Web Sites is governed by the terms of membership in the Registry as described in these terms and conditions. Publisher may, in Publisher’s sole discretion, publish a Workas part of a database online, or online or electronically as a discrete Work, or as a print publication, or in any combination of the foregoing. Publication may occur, in Publisher’s sole discretion,in a size, medium, or format in which it will be convenient for travelers and others to use. The Registered User acknowledges that it will not be possible for Publisher to list the Property in all Works or in all Derivative Publications. Publisher reserves the right to select which Property it will include in a Work and, in its sole discretion, to exclude and refuse to list other Properties in a Work and Derivative Publications. Publisher does not assume, and hereby expressly disclaims, any liability to Registered User for the failure or refusal to include any Property in a Work or in Derivative Publications or for errors or omissions in any listing and part of a Work or Derivative Publications, whether such exclusion, errors, or omissions result from negligence, accident or any other cause.
C. All Contentis subject to Publisher's approval and editing. Publisher reserves the right to reject or cancel all or any part of the Content and delete any Property Listing from future editions of aWork or Derivative Publications if, for any reason, Publisher deems the Property or the Content relating to the Property to be unacceptable.
D. Format, positioning and selection of the Content included in a Work and Derivative Publications are at the discretion of the Publisher except where an arrangement for a specific preferred format, position or selection is acknowledged by Publisher in writing.
E. Publisher shall not be liable for errors made in publishing the Content or for the appeal or the effectiveness of any Listing published in a Work or in a Derivative Publication.
F. Content not received by Publisher's production department by closing date may not be published in a Work or a Derivative Publication.
G. Cancellations or changes in orders may not be made by the Registered User or its agency after the closing date.
H. Publisher shall not be liable for delays in delivery and/or non-delivery in the event of an act of God, action by any governmental or quasi-governmental entity, fire, flood, accidents, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, any other conditions or circumstances beyond Publisher’s reasonable control, including Publisher’s inability to publish, or any other condition or cause affecting production or delivery in any manner.
I. Registered User's sole and exclusive remedy against Publisher, whether in contract or tort, shall be removal of Registered User’s listing from future Worksand return of the Content.
J. The listings of new Properties selected for inclusion in a Work or Derivative Publications and changes to the listings of Properties in the current version of a Workwill be included in the next available full revision of a Work or Derivative Publications.
K. From time to time, Publisher arranges special opportunities for its members, such as occupancy-enhancing programs that it has operated with various online distributors. These programs may have multi-year commitments, which Registered User may terminate (as to Registered User’s participation only) upon written request. If, at any time, Publisher chooses to participate with a different online distributor or multiple distributors for similar programs, it will phase Registered User into the new program, including inventory that has already been assigned. Publisher will notify Registered User of such changes if they occur.
L. Registered User understands that special editions or mini-editions of a Work or a Derivative Publication, which may or may not include Registered User's Property or Content, may be prepared by Publisher for distribution for particular local, regional and national events and programs, advertising campaigns and with other product lines and products where particular Registered User listings are of special interest and Registered User hereby consents to the exclusion of its listing from or the inclusion of its listing in these special editions and mini-editions of a Work if Registered User's listing is chosen by Publisher, in its sole discretion, for inclusion in special and/or mini-editions of a Work or Derivative Publication.
M. Registered User accepts each of the conditions contained herein and agrees to be bound by their terms.
N. The terms and conditions described herein are subject to change by Publisher without notice.
100% money-back Guarantee *
*New Members only
Money-Back Guarantee. Each new member of [BBIGI] is entitled to a money-back guarantee for its first year of membership dues, exclusive of the set-up fee. If, for any reason, you are not satisfied with your BBIGI membership after your first full year of membership, you may obtain a full refund of one-year’s membership dues.
Innkeepers wishing to obtain a refund may do so by sending a refund request after the first full year of membership to LPI, P.O. BOX 2240, Petaluma Ca 94953 USA. The request must state in writing why you are dissatisfied with your membership. The request must be sent via registered mail and must be received within 60 days after the end of your first full year of membership. Please allow four to six weeks after submitting the request to receive your refund.
The money-back guaranty is available only to new [BBIGI] members whose property or properties have not previously been included in an online, electronic or print version of “The Complete Guide to Bed & Breakfasts.” It is not available to innkeepers who have obtained a refund in the past for any property. Once a refund is issued, the requesting member will not be eligible for membership and the member’s property will not be eligible for inclusion in any version of “The Complete Guide to Bed & Breakfasts” until there is a change of ownership of the property.
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