Terms and Conditions

 

Introduction

Welcome to TripRiff. The following Terms and Conditions contained herein shall govern the use of this website, including all pages within this website and within related applications (collectively, the “Service”). This Service is provided solely to visualize, understand, and socialize travel and its associated analytics. These Terms and Conditions apply to the use of the Service’s features, content, applications or widgets offered by Travlytics, Inc., a Delaware corporation d/b/a TripRiff (“TripRiff”). These Terms and Conditions apply to the Users of the Service (“User’, “Users”, “You” or “Your”).

 

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Service, You agree to be bound by these Terms and Conditions, which also incorporates TripRiff’s Privacy Policy, and all other operating rules, policies and procedures that may be published, which may be updated by TripRiff from time to time without notice to You in accordance with the terms set out under the “Modification of Terms and Conditions” section below. Please read these Terms and Conditions carefully as it contains information regarding Your legal rights and any limitations on these rights. If you do not fully accept these Terms and Conditions, please do not use this Service.

 

Eligibility for Use of the Sites

The Sites and its related services are offered and available to Users who are thirteen (13) years of age or older. By using the Service, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Sites.

 

Special Note to International Users

The Service is hosted in the United States.  If you are a User accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

 

Content

All content, including, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, and interactive features generated, provided, or otherwise made accessible by TripRiff on or through the Service, in addition to content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by Users, including content that is added to the Service in connection with Users linking their accounts to third party websites and services, whether publicly posted or privately transmitted (collectively, “Content” or “User Submissions”), is the sole responsibility of the person who originated the Content. TripRiff cannot guarantee the authenticity of any Content or data, which Users may provide about themselves. You acknowledge that all Content accessed by You using the Service is at Your own risk and You will be solely responsible and liable for any damage or loss to You or any other party resulting therefrom.

By submitting Content through the Service, You hereby do and shall grant TripRiff a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service and TripRiff 's (and its successors and assignees') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media format and through any media channels (including, without limitation, third-party websites and feeds). You also hereby do and shall grant each User of the Service, including Third Party Media, a non-exclusive license to access Your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content in connection with their use of the Service and Third Party websites.

You represent and warrant that You have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. The information publicly posted or privately transmitted through the Service is the sole responsibility of the person from whom such Content originated. TripRiff will not be liable for any errors or omissions in any Content, and TripRiff cannot guarantee the identity of any other Users with whom You may interact in the course of using the Website. If, and when, You delete Your User Submissions, they will be removed from the Website, and will not be shared with others, but may remain with Users who have previously accessed or downloaded Your User Submissions.

 

Third Party Sites and Services

The Service may permit you to link to other internet websites and services, and other websites, services or resources may contain links to the TripRiff website. Accessing third party websites is done at the Your own risk. TripRiff does not control these third party websites, and TripRiff is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third party websites. Third party website links included on the TripRiff Services are not endorsed, nor do we associate with the third party links included on the Service. TripRiff will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party website or resource.

 

Rules

As a condition of use, You promise not to use the Service for any purpose that is prohibited by these Terms and Conditions.

You are expressly restricted, without limitation, from submitting any Content that:

 

You understand that all Content posted on or transmitted through our Service is the sole responsibility of the person from whom the Content originated.  You agree to be solely responsible for actions, communications, and Content posted or transmitted under their accounts.  You also agree to bear all risks associated with the posting, transmission, and use of such Content. You further agree that TripRiff will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any content made available via our Service.

At our sole discretion and option, we reserve the right but not the obligation to pre-screen, edit, control, or remove the Content on our Service, without notice to You and for any reason. Such actions in no way constitute a waiver of TripRiff’s immunity as an "interactive computer service provider" under section 230 of the Communications Decency Act (47 USC § 230).  

TripRiff also reserves the right to access, read, preserve, and disclose any information as TripRiff reasonably believes is necessary to satisfy any applicable law, regulation, legal process or governmental request; enforce these Terms and Conditions; including investigation of potential violations; detect, prevent, or otherwise address fraud, security or technical issues; respond to User support requests; or protect the rights, property or safety of TripRiff, its Users and the public.

 

TripRiff Content

The Service contains Content specifically provided by TripRiff or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. You are granted a limited license only, subject to the restrictions provided in these Terms and Conditions, for  the purposes of viewing the material contained on this Website.

Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from TripRiff. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

 

Digital Millennium Copyright Act Enforcement

TripRiff will take all necessary steps to comply with the Digital Millennium Copyright Act (“DMCA”), and retains the right to remove any user content that we determine infringes on the copyright of others, or terminate the service of users that are found to repeatedly violate the copyrights of others. If you believe content on the Service infringes on Your copyrights, You may submit a notice of infringement to the TripRiff designated copyright agent.

 

Jeremy Sapriel

Designated Agent

Travlytics Inc. d/b/a TripRiff

Privacy@tripriff.com

 

To be effective, the notice must include:

  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  2. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
  3. The URL or Internet location of the materials claimed to be infringing or to be subject of infringing material;
  4. Your name, address, telephone number and email address;
  5. Statement by You that You have a good faith belief that the disputed use of material is not authorized by the copyrighted owner, its agent or the law; and
  6. A statement that the above information in Your notice is accurate, and under the penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Failure to fully comply with the above listed requirement may result in an invalid notice. TripRiff will take reasonable steps to promptly contact You if Your notice does not fully comply with these requirements and assist You in fully complying with this notice procedure. 

Upon receipt of the notice, TripRiff will then make a reasonable attempt to contact the poster of the infringing content so that they may submit a counter-notice.

 

Counter-Notice

Users who believe their content was wrongly removed either by mistake or misidentification, may file a counter-notice, which includes:

  1. Your physical or electronic signature;
  2. Identification of the removed material and the location of the material prior to its removal;
  3. A statement, under the penalty of perjury, that You have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification; and
  4. Your name, address, telephone number, and a statement that You consent to the jurisdiction of federal district court for the judicial district in which the address is located, if You are located outside of the United States, for any judicial district in which TripRiff may be found and that You will accept service of process from the party who submitted the notice under DMCA subsection (c)(1)(c) or the agent of such party.

Upon receipt of the counter-notice, TripRiff will forward the counter-notice to the party claiming infringement. TripRiff may, if necessary, forward the notice of infringement and the counter-notice to the United States Copyright Office for adjudication.

TripRiff retains the right to reinstate the content in question, following the prompt notification of the party claiming infringement of the counter-notice, and a period of no less than ten (10) days, unless the designated agent first receives notice that the party claiming infringement has sought to enjoin the reinstatement of the infringing material.

You may be liable for damages if You knowingly make a misrepresentation of any information submitted to the designated agent. You may want to consult a lawyer to determine Your rights and obligations under the DMCA and other applicable laws.

 

Registration and Eligibility

As a condition to using certain aspects of the Service, You are required to register with TripRiff and represent, warrant and covenant that You provide TripRiff with accurate and complete registration information. Any unauthorized use of another person’s account is strictly prohibited. You represent and warrant that if You are an individual, You are of legal age to form a binding contract, or that if You are registering on behalf of an entity, that You are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. TripRiff reserves the right to refuse registration of, or cancel a User Name in its sole discretion.

 

Warranty Disclaimer

You hereby acknowledge that TripRiff has no special relationship with or owe any duty to You. TripRiff has no control over, and no duty to take any action regarding User access to the Service, the Content You access, Your personal response to the Content, or what actions You may take as a result of having been exposed to the Content.

You release TripRiff from all liability for You having acquired or not acquired Content through the Service. TripRiff makes no representations concerning any Content contained in or accessed through the Service, and TripRiff will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

You release us from all liability relating to Your connections and relationships with other Users. You understand that TripRiff does not, in any way, screen Users, nor do we inquire into the backgrounds of Users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of Users or the information Users provide. In no event shall TripRiff be liable for any damages whatsoever, arising out of or relating to the conduct of You or anyone else in connection with the Service. As such, You agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual You come into contact with through the Service.

THE SERVICE AND ITS CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

TRIPRIFF, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (1) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (3) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK.

 

Limitation of Liability

ALL LIABILITY OF TRIPRIFF, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIPRIFF, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE FOR:

 

Indemnification

You hereby indemnify to the fullest extent TripRiff, its Directors, Employees, Agents, and Representatives from and against any and all liabilities, costs (including reasonable legal costs), claims, damages, demands, causes of action, and expenses that arise from or relate to Your use, or a third party’s use, or misuse of, or access to, the Service, or any violation of the Service’s Terms and Conditions, or any other TripRiff policy or agreement, or the infringement of any intellectual property belonging to TripRiff or its Users,  or the rights of any other person or entity.

 

Modification of Terms and Conditions

TripRiff reserves the right, at its sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Service, or any feature, at any time by posting a notice on the Site or by sending You notice through the Service or via email. TripRiff may also impose limits on certain features and services or restrict Your access to parts or the entire Service without notice or liability. It is Your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

Termination

TripRiff may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, and which may result in the forfeiture and destruction of all information associated with Your membership. If You wish to terminate Your account, You may do so at any time. The Terms and Conditions shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Assignment

TripRiff retains the right to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, Users are PROHIBITED from assigning, transferring, or subcontracting any of Your rights and/or obligations under these Terms and Conditions.

 

Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceable or invalid provision shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Service, constitute the entire agreement between You and TripRiff, and supersedes all prior agreements and understandings with respect to the same.

 

Governing Law & Jurisdiction.

These Terms and Condition shall be governed by and construed in accordance with the laws of the State of Delaware.

The parties submit all of their disputed arising out of or in connection with the Terms and Conditions to the exclusive jurisdiction of the Courts of Delaware.

 

Contact

If you wish to contact us with any questions, comments, or complaints, you may email us at Privacy@tripriff.com.