Privacy Policy and Terms of Use

Last updated: 12 January 2023

Twist Travel Magazine, part of Walking On Media LLC (“Website”) is governed by the following Privacy Policy.

We respect your privacy and are committed to protecting it. The purpose of this Privacy Policy is to inform you what personally identifiable information we may collect and how it may be used. This Privacy Policy applies to this Website.

INFORMATION WE COLLECT

The Website collects information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). The Website has collected the following categories of Personal Information from you:

Identifiers:

This category includes your: real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (“IP”) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.

  1. The Website DOES collect information in this category.
  2. The Website collects the following information in this category for the following reasons: research purposes, advertising and content creation. This is a general statistic round up of data, NO INDIVIDUAL profiles are viewable.
  3. The Website has disclosed the following information in this category in the past twelve months for a business purpose, including direct product sales.

Personal Information as Described in California Customer Records Statute (CA Code 1798.80):

This includes your: name, signature, social security number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

  1. The Website DOES collect information in this category.
  2. The Website collects the following information in this category for the following reasons:
  3. The Website has disclosed the following information in this category in the past twelve months for a business purpose, including direct product sales.

Protected Classification Characteristics (under California or federal law).

This includes: Age (over age 40), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental health disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, or genetic information.

  1. The Website DOES collect information in this category.
  2. The Website collects the following information in this category for the following reasons: research purposes, advertising and content creation. This is a general statistic round up of data, NO INDIVIDUAL profiles are viewable.

Commercial Information:

This includes records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

  1. The Website DOES collect information in this category.
  2. The Website collects the following information in this category for the following reasons: research purposes, advertising and content creation. This is a general statistic round up of data, NO INDIVIDUAL profiles are viewable.

Biometric Information:

This includes: an individual’s physiological, biological or behavioral characteristics, including an individual’s DNA, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity.

  • The Website DOES NOT collect information in this category.

Internet or Other Electronic Network Activity Information:

This includes, but is not limited to, browsing history, search history, and information regarding a consumer’s interaction with the Website, application, or advertisement.

  1. The Website DOES collect information in this category.
  2. The Website collects the following information in this category for the following reasons: research purposes, advertising and content creation.

Geolocation Data:

This includes your physical location or movements.

  • The Website DOES NOT collect information in this category.

Audio, Electronic, Visual, Thermal, Olfactory, or Other Similar Information:

  • The Website DOES NOT collect information in this category.

Professional or Employment-related information:

  • The Website DOES NOT collect information in this category.

This may include your current or past employment history or other information related thereto.

Education Information:

This is defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act, which includes: records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, schedule, student identification codes, student financial information, or student disciplinary records.

  • The Website DOES NOT collect information in this category.

Inferences Drawn from Personal Information:

This includes inferences drawn from the Personal Information collected by the Website to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

  • The Website DOES NOT collect information in this category.

HOW WE COLLECT INFORMATION ABOUT YOU

  • Information You Voluntarily Submit to the Website: We may collect personal information from you such as your name or email address, as described above. This information is all voluntarily submitted by you at the time the information is collected. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.
  • Information We Collect from Others: We may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
  • Automatically-Collected Information: We automatically collect certain information about you and the device with which you access the Website. For example, when you use the Website, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. We may also collect information about actions you take when using the Website, such as links clicked.
  • Cookies: We may log information using cookies, which are small data files stored on your browser by the Website. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.

HOW YOUR INFORMATION MAY BE USED

We may use the information collected in the following ways:

  • To operate and maintain the Website;
  • To create your account, identify you as a user of the Website, and customize the Website for your account;
  • To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
  • To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
  • To respond to your comments or inquiries;
  • To market products through display or affiliate advertisements;
  • To market to you on third-party platforms, such as Facebook;
  • To provide you with user support;
  • To track and measure advertising on the Website;
  • To process payment for purchases you make through the Website; or,
  • To protect, investigate, and deter against unauthorized or illegal activity.

THIRD-PARTY USE OF PERSONAL INFORMATION

We may share your information with third parties when you explicitly authorize us to share your information.

The companies listed below are “Service Providers,” which are defined as “a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that process information on behalf of a business and to which the business discloses a consumer’s personal information for a business purpose pursuant to a written contract, provided that the contract prohibits the entity receiving the information from retaining, using or disclosing the personal information for any purposes other than for the specific purpose of performing the services specified in the contract for the business” or “retaining, using, or disclosing the personal information for a commercial purpose other than providing the services specified in the contract with the business.”

The Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:

  • PAYMENT PROCESSOR – this service is used to serve our ecommerce platform. If you purchase something from the Website, your Personal Information will be shared with this Service Provider. At no time is your banking information passed back from the payment processor to the Website. We receive only information used for order fulfillment.
  • EMAIL SERVICE PROVIDER – this service is used for delivery of email updates and newsletters. We store your name and email address for purposes of delivering such communications. MailChimp (or another preferred email delivery software) will also track information regarding your interaction with our emails, such as whether they have been opened or you have clicked on a particular link.
  • SCHEDULING SOFTWARE – this service is used to schedule appointments and may collect your contact information. We will store your contact information. If you elect for the scheduling software to place an appointment on your calendar, it may access that software; however, the scheduling software does not pass back any information to us about your calendar.
  • OTHER THIRD-PARTY SERVICE PROVIDERS, which may include: Push Notification and Event promotion.

At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.

Except when required by law, we will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, we may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

WEBSITE ANALYTICS

This Website uses Google Analytics to analyze traffic to the Website. In order to track usage, Google Analytics places a cookie with a randomly generated Client ID on your browser. Google does use your personal information such as your IP address in order to capture reporting for the Website regarding usage. You may opt-out of Google Analytics through a Browser Add-on, which is available here.

ANONYMOUS DATA

From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.

PUBLICLY VISIBLE INFORMATION

If you create a user profile on the Website or leave a comment, certain information may be publicly visible.

COOKIES

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.

Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.

ADVERTISING

Display Ads
We may use third-party advertising companies to serve content and advertisements when you visit the Website, which may use cookies or provide other personal information.

To opt out of display advertising, visit https://optout.networkadvertising.org/.

Mediavine Display Ads

Mediavine Programmatic Advertising (Ver 1.0)

The Website works with Mediavine to manage third-party interest-based advertising appearing on the Website. Mediavine serves content and advertisements when you visit the Website, which may use first and third-party cookies. A cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website.

First party cookies are created by the website that you are visiting. A third-party cookie is frequently used in behavioral advertising and analytics and is created by a domain other than the website you are visiting. Third-party cookies, tags, pixels, beacons and other similar technologies (collectively, “Tags”) may be placed on the Website to monitor interaction with advertising content and to target and optimize advertising. Each internet browser has functionality so that you can block both first and third-party cookies and clear your browser’s cache. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, how to disable existing cookies and how to clear your browser’s cache. For more information about cookies and how to disable them, you can consult the information at https://www.allaboutcookies.org/manage-cookies/.

Without cookies you may not be able to take full advantage of the Website content and features. Please note that rejecting cookies does not mean that you will no longer see ads when you visit our Site. In the event you opt-out, you will still see non-personalized advertisements on the Website.

The Website collects the following data using a cookie when serving personalized ads:

  • IP Address
  • Operating System type
  • Operating System version
  • Device Type
  • Language of the website
  • Web browser type
  • Email (in hashed form)

Mediavine Partners (companies listed below with whom Mediavine shares data) may also use this data to link to other end user information the partner has independently collected to deliver targeted advertisements. Mediavine Partners may also separately collect data about end users from other sources, such as advertising IDs or pixels, and link that data to data collected from Mediavine publishers in order to provide interest-based advertising across your online experience, including devices, browsers and apps. This data includes usage data, cookie information, device information, information about interactions between users and advertisements and websites, geolocation data, traffic data, and information about a visitor’s referral source to a particular website. Mediavine Partners may also create unique IDs to create audience segments, which are used to provide targeted advertising.

If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit Opt Out – NAI: Network Advertising Initiative. You may also visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/# to learn more information about interest-based advertising. You may download the AppChoices app at YourAdChoices.com | AppChoices to opt out in connection with mobile apps, or use the platform controls on your mobile device to opt out.

For specific information about Mediavine Partners, the data each collects and their data collection and privacy policies, please click here.

Retargeting Ads
From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Pinterest, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website. This means, after visiting the Website, you may see an ad for our services. However, your personally identifiable information is not used by any remarketing service other than to present you offers from the Website. We use the following third-party service providers for remarketing:

Facebook: Opt-out of Facebook remarketing here
Google: Opt-out of Google remarketing here
Pinterest: Opt-out of Pinterest remarketing here

Sponsored Content Tracking Pixels
This Website may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.

Affiliate Program Participation
The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions. 

Twist Travel Magazine is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com.  As part of this Amazon Associates program, the Website will post customized links, provided by Amazon, to track the referrals to their website. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.

Newsletters
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Website to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.

CHILDREN’S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.

GDPR – RIGHTS RELATED TO YOUR PERSONAL INFORMATION

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation (“GDPR”). Throughout this policy, we have disclosed what information we collect and how it is used. Under GDPR, you also have the following rights:

Right to Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also contact us at the email below to be removed from our mailing list.

Right to Access – You may access the personal information we have about you by submitting a request.

Right to Amend – You may contact us to amend or update your personal information.

Right to Be Forgotten – In certain situations, you may request that we erase or forget your personal data.

You may exercise any of these rights by emailing [email protected].

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law. Unless you exercise such rights, we reserve the right to retain your data.

CCPA – RIGHTS RELATED TO YOUR PERSONAL INFORMATION

If you are a resident of California, you are entitled to certain information and have certain rights under the California Consumer Protection Act (“CCPA”). Throughout this policy, we have disclosed what information we collect, how it is used, and the types of third parties that may receive your information. Under CCPA, you also have the following rights:

Right to Access – You have the right to request that we disclose certain information to you about the personal information we collect and how it has been used over the past 12 months. After we receive and confirm your verifiable consumer request, we will disclose the following:

  • The categories of your personal information we collected;
  • The categories of your personal information we sold;
  • The categories of any third parties to whom we have sold your personal information;
  • A list of which categories of your personal information we sold to each party; and,
  • The categories of your personal information we disclose for business purposes.

Right to Deletion – You have the right to request that we delete your personal information.

Please note that this right does not apply when we need to retain your personal information in order to do the following:

  • Provide goods or services to you;
  • Detect or resolve security or functionality-related issues;
  • Comply with the law;
  • Conduct research in the public interest;
  • Safeguard the right to free speech; or,
  • Carry out any actions for internal purposes that you might reasonably expect.

Right to Non-Discrimination – You have the right not to be discriminated against for exercising your rights under CCPA. In particular, we may not:

  • Deny you goods or services;
  • Charge you different prices for goods or services, whether through denying benefits or imposing penalties;
  • Provide you with a different level or quality of goods or services; or,
  • Threaten you with any of the above.

How to submit a verifiable consumer request

To exercise these rights, you must submit a verifiable consumer request to us by:

Please note that only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a request on behalf of a minor child.

You may only make a request under these rights twice in a twelve-month period. Your verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information (or that it is an authorized representative acting on your behalf);
  • Describe your request with sufficient detail that allows us to properly understand and respond to it.

NEVADA PRIVACY OF INFORMATION COLLECTED ON THE INTERNET FROM CONSUMERS ACT

Pursuant to the Nevada Privacy of Information Collected on the Internet from Consumers Act (“NPICICA”), Nevada residents may opt out of the sale of any personal information. As described above, your personal information may be shared with third-party service providers/operators in order to fulfill purchased products or to communicate with you. We do not sell (which is defined in the NPICICA as “the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons”) your covered information, which includes:

  • Your first and last name;
  • Your address;
  • Your email address;
  • Your phone number;
  • Your social security number;
  • Any identifier that would allow you to be contacted either physically or online; or,
  • Any other information concerning you, collected from you by the Website and maintained by us, in combination with an identifier in a form that makes the information personally identifiable.

If you have any questions regarding our usage of your personal information, please email [email protected]

CONTACT INFORMATION

At any time, please contact us at Keryn AT walkingontravels DOT com for questions related to this Privacy Policy.

FTC DISCLOSURE

From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Twist Travel Magazine to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, Twist Travel Magazine gives its honest opinion, findings, believes, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

GENERAL DISCLAIMER

Twist Travel Magazine has made every effort to ensure that all information on the Website has been tested for accuracy. Twist Travel Magazine makes no guarantees regarding the results that you will see from using the information provided on the Website.

TRAVEL CONTENT DISCLAIMER

The Website may discuss topics related to travel, including discussion of modes of transportation, lodging and activities. The travel information provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the travel information on the Website. Your experience with the same providers mentioned may differ from that depicted on the Website.

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Twist Travel Magazine makes no representations, warranties or guarantees. You understand that results may vary from person to person. Twist Travel Magazine assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE

Unless otherwise stated, Twist Travel Magazine owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Twist Travel Magazine’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Twist Travel Magazine.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Twist Travel Magazine ’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without Twist Travel Magazine’s express written permission.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Twist Travel Magazine or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

Twist Travel Magazine’s trademarks and trade dress may not be used in connection with any product or service that is not Twist Travel Magazine’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Keryn Means, Twist Travel Magazine or Walking On Media, LLC.

From time to time, the Website will legally utilize trademarks owned by third parties related to Twist Travel Magazine’s services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant Twist Travel Magazine a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Twist Travel Magazine the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Twist Travel Magazine or a third party.

Twist Travel Magazine reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Twist Travel Magazine’s servers; or, (iii) hosted or published on the Website. Twist Travel Magazine takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Twist Travel Magazine’s rights under the Terms of Use, Twist Travel Magazine does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to twisttravelmag AT gmail.com and we will remove the image within 24 to 48 hours.

COMMUNICATION

If you send Twist Travel Magazine an email, register to use the Website or provide your email to Twist Travel Magazine in any other way, you consent to receive communications from Twist Travel Magazine electronically. You agree that all legal notices provided via electronic means from Twist Travel Magazine satisfy any requirement for written notice.

THIRD PARTIES

The Website contains links to third-party websites that are not governed or controlled by Twist Travel Magazine. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Twist Travel Magazine assumes no control or liability over the content of any third-party sites. You expressly hold harmless Twist Travel Magazine from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Twist Travel Magazine harmless from any and all liability in any dispute.

NO WARRANTIES

The Website are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Twist Travel Magazine makes no representations or warranties in relation to the Website or the information and materials provided therein.

Twist Travel Magazine makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Twist Travel Magazine is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

TWIST TRAVEL MAGAZINE/ WALKING ON MEDIA LLC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold Twist Travel Magazine, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses Twist Travel Magazine suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Maryland. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Montgomery County, Maryland. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Twist Travel Magazine’s prior written consent, however, the Terms of Use may be assigned by Twist Travel Magazine in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Twist Travel Magazine.

CONTACT INFORMATION

At any time, please contact us at keryn AT twisttravelmag.com for questions related to this Privacy Policy and Terms of Use.

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