THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 10), DISCLAIMERS OF LIABILITY AND AN EXCLUSIVE REMEDY (SECTION 11), AS WELL AS INFORMATION ABOUT CERTAIN LIMITATIONS ON YOUR ABILITY TO BRING A CLAIM AGAINST US (SECTION 16).
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any person or entity (a "person"), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
The Services permit you to post or publish User Content, you may only post User Content that is original and that you have the right to post. By submitting User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, licence to publish, reproduce, distribute, display, perform, edit, adapt, modify, translate, create derivative works, make, sell, offer for sale, export, and otherwise use and exploit your User Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
We are not obligated to publish or use your User Content. Tripism is not in any manner endorsing any User Content or Application Content that it may publish or post on the Services and cannot, and will not, vouch for its reliability. Tripism is not responsible for any User Content or Application Content and has no duty to monitor the User Content or Application Content posted on the Services. You use any information contained in User Content or Application Content at your own risk. Tripism and its designees have the right, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content or the Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. The obligations that you have to us under these Terms shall survive termination of the Services, any use by you of the Services, any User Content on the Services, or these Terms. You will not continue to post any User Content that Tripism has previously advised you not to post.
Certain areas of the Services may enable you to send emails, or otherwise provide information to Tripism or other persons. You remain fully responsible for the materials that you provide to us or others, including without limitation information, audio recordings, photographs, documents, or other materials submitted, posted, uploaded, sent or otherwise transmitted to us or others ("User Content"). You agree not to provide User Content that:
All content, information, materials, computer code, and software that are part of the Services other than your User Content (collectively, the "Application Content") is the property of Tripism or third parties. You may access, use and display the Services on a single computer or device and download and print copies of the Application Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
Copyright and Other Intellectual Property Rights. The Application Content is protected under the copyright laws of the United Kingdom and other countries. You acknowledge that all copyrights and other intellectual property rights in the Services (including any improvement, modifications or enhancements to the same) are owned by Tripism or its third-party licensors to the full extent permitted under all international copyright laws and all other applicable laws. Unless expressly permitted by an authorized person in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the Application Content except that you may make use of the content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Application Content. To obtain written consent to use a copyrighted work, please contact us using the information in Section 18. Copying or downloading these materials for anything other than your personal use is a violation of these Terms.
Trade and Service Marks. All rights in product names, the Tripism name, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Tripism products or services, whether or not appearing in large print or with the trade mark symbol, belong exclusively to Tripism or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trade mark and copyright laws. The use or misuse of these trade marks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any licence or right under any patent or trade mark of Tripism, its affiliates, or any third party. To obtain written permission to use the trade and service mark rights of Tripism, please contact us using the information in Section 18.
You may be asked to register for certain activities in connection with the Services. When you register, you agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. Tripism has the right to suspend or terminate any account or other registration and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select in connection with the Services, and you are responsible for all activities that occur under your password or account.
The Services may require an email address so that if you were to forget your username and password a text file with that data can be sent to you securely. In addition, any interactions or content you want to export from the Services can be exported and sent to your email address.
Tripism respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
Tripism may terminate these Terms for any reason at any time. Tripism reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. Tripism also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the Application Content.
Your use of the services is entirely at your own risk. We make no representations or warranties about the services, including without limitation the operation of the services or the information, materials, goods, or services appearing or offered on the services or with respect to any websites or services linked from the services. The services are provided "as is", "with all faults," and "as available" without limiting the generality of the foregoing, we disclaim all warranties, express, statutory or implied, including but not limited to (i) the warranties of merchantability, satisfactory purpose, fitness for a particular purpose, workmanlike effort, title, quiet enjoyment, no liens and no encumbrances; (ii) the warranties against infringement, misappropriation or violation of any intellectual property or proprietary rights of any person; (iii) warranties arising through course of dealing or usage in trade; and (iv) the warranties relating to the accuracy, reliability, correctness, or completeness of data or content made available on the Services or otherwise by Tripism.
Further, there is no warranty that the services will meet your needs or requirements or the needs or requirements of any other person or the needs or requirements set forth in any documentation. We make no warranties, express, statutory or implied, that the services, including without limitation the application content, functions or materials contained therein, will be timely, secure, accurate, error-free, complete, up-to-date, free of viruses, or uninterrupted. Tripism does not necessarily endorse, support, sanction, encourage or agree with any application content or any user content, and we expressly disclaim any and all representations, warranties and liabilities in connection with any user content or application content. No oral or written information made available by or on behalf of Tripism shall create any warranty.
If applicable law does not allow the exclusion of some or all of the above implied or statutory warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to this Section 11, under no circumstances, including without limitation negligence, will Tripism, its affiliates, or any party involved in creating, producing, or delivering the services be liable for damages or losses, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, including without limitation direct, incidental, consequential, indirect, special, or punitive damages, loss of data, business interruption, loss of anticipated savings and direct or indirect lost profits arising out of the terms or your access, use, misuse, or inability to use the services, including without limitation any application content or user content, or any sites linked from the services, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if Tripism has been advised of the possibility of such damages, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Tripism's liability in such jurisdictions shall be limited to the extent permitted by law.
Subject to this Section 11, the maximum aggregate liability of Tripism arising out of or in any way connected to these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed £50. The existence of one or more claims under these Terms will not increase Tripism's liability.
You confirm that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Tripism and its other Users, partners, and licensees will not violate these Terms, cause injury to any person or entity, or infringe any third-party rights.
These Terms constitute the entire agreement between Tripism and you with respect to the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
You must not assign these Terms or any rights or obligations herein without the prior written consent of Tripism and any attempted assignment in contravention of this provision is null and void and of no force or effect. Tripism has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.
These Terms are made under and shall be governed by and construed in accordance with the laws of England without regard to its conflicts of law provisions. Any claim or controversy (including any non-contractual disputes or claims) arising out of or related to these Terms shall be instituted exclusively in the English courts.
In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
Your relationship to Tripism is that of an independent contractor, and neither party is an agent or partner of the other.
No one other than a party to these Terms or their successors and permitted assignees shall have any right to enforce any of its terms.
Some functionalities of the Application may require the transmission of information provided by you, including names and passwords, addresses, e-mail addresses, e-mails (including history and voice memos), financial information, location based information, textual notes and annotations. By using these functionalities, you are consenting to the transmission of this information to us and/or our agents to collect, use and share such information as necessary for the Application functionality and for the purposes described in our Privacy Notice.
Please direct any questions, complaints or claims related to the Services or your use of the Services to firstname.lastname@example.org.