Last updated on June 9, 2021
Any use of or access to the Community by anyone under the age of 16 is prohibited.
DISPUTES AND ARBITRATION
PLEASE READ THE FOLLOWING CAREFULLY, AS THIS SECTION REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. If you have any complaints or disputes about your use of the Community, TripActions will try to resolve your concerns directly. If such efforts are unsuccessful, you and TripActions may pursue any claims, as set forth below.
Informal resolution. Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party through reasonable means and providing notice of the dispute. Both parties will use good faith efforts to attempt to reach a resolution. If a dispute is not resolved within thirty (30) days of notice, either party may bring a formal proceeding in arbitration.
INFORMATION SUBMITTED TO THE COMMUNITY
You are responsible for the accuracy, completeness, quality and legality of any information you provide in connection with the Community (including Registration Information (defined below)); the means by which you acquired such information; and your use of such information in connection with the Community. Your first name, last name, profile picture, location and other information you provide in connection with the Community, including Registration Information, may be publicly displayed, including on any profile page or in connection with your activities. Your TripActions Community Account (defined below) may make available functionality enabling you to manage certain of your notifications and other preferences. TripActions may use or disclose your information, including (a) for internal business purposes, such as to improve TripActions products and services by better understanding how TripActions users interact with Programs; or (b) to create aggregated, non-personal data that does not identify you or any other individual, which TripActions may use or disclose for any purpose.
REGISTRATION; USERNAMES AND PASSWORDS
You must create a user account (the “TripActions Community Account”) to use or access parts of the Community. TripActions may reject, or require that you change any login credentials or other information that you provide in registering and creating a TripActions Community Account (collectively, the “Registration Information”). Your login credentials are for your personal use only and should be kept confidential. You, and not TripActions, are responsible for any use or misuse of your login credentials and all activities occurring from your TripActions Community Account. You must use reasonable efforts to maintain the confidentiality of and prevent unauthorized use of, and you must promptly notify TripActions of any confidentiality breach or unauthorized use of, your login credentials or your TripActions Community Account. TripActions considers any TripActions Community Account with the same email address, phone number or other unique identifier, as verified by TripActions in accordance with its procedures, to belong to the same user.
You and other users may have the ability to make certain information, data, content or other materials, including testimonials, reviews, posts, comments and other user-generated content, pictures and documents available through or in connection with the Community (each, a “Submission”), including on profile pages or on the Community’s interactive products or services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Submissions reflect only the opinions of the user who made available the Submission and not the opinions of TripActions, regardless of whether the user is affiliated with TripActions or not. Any Submissions that purports to answer any questions, including any questions about TripActions, its services or products, or the Community, are made available for your general knowledge only and should never be relied upon as answers to your specific questions (even if an answer is marked as a “best” answer or with any similar qualifications). You should always contact the TripActions Community Manager for answers to your specific questions about TripActions’ services or products at firstname.lastname@example.org.
TripActions may (but is not required to) monitor, evaluate, alter or remove any Submissions. TripActions has no control over Submissions, and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. You agree that we and our third-party providers and partners may place advertising on the Community, including in connection with the display of Submissions.
YOU ARE RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT YOU MAKE AVAILABLE THROUGH THE COMMUNITY, AND, IF YOU MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE COMMUNITY, YOU DO SO AT YOUR OWN RISK.
LICENSES; INTELLECTUAL PROPERTY
License to Submissions. You retain ownership of your Submissions, and for each such Submission, you grant to TripActions a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submissions, in any format or media now known or hereafter developed, and for any purpose (including marketing or promotional purposes, such as testimonials).
Feedback. If you provide or otherwise make available to TripActions any suggestions, ideas, enhancement requests, recommendations, questions containing product feedback, or other feedback (“Feedback”), whether related to the Community or otherwise, then the terms applicable to Submissions will also apply to such Feedback, and you hereby acknowledge and agree that such Feedback is not confidential.
RULES OF CONDUCT
The TripActions Community Guidelines, as updated by TripActions from time to time, currently available at Community Guidelines (the “Community Guidelines”), set forth certain prohibited actions and materials with respect to use of the Community. In addition, you will not (and you will not allow any third party to):
Use the Community for any purpose that is fraudulent or otherwise tortious or unlawful.
Upload any Submissions or engage in any behavior that may:
create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
create a risk of any loss or damage to any property;
constitute a crime or tort; or
disclose confidential information that you are not authorized to disclose.
Upload any Submissions that display nudity, sexual activity, or any potential endorsement or encouragement of human exploitation.
Harvest or collect information about other users.
Interfere with or disrupt the operation of, or attempt to gain unauthorized access to, the Community or the servers or networks used to make the Community available, including by hacking or defacing any portion of the Community; or violate any requirement, procedure or policy of such servers or networks.
Interfere with or disrupt the integrity of any information, data, content or other materials available in or through the Community.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Community.
Disassemble, reverse engineer, or decompile any portion of the Community or use the Community to determine whether there is infringement of a patent, except where such restriction is expressly prohibited by applicable law.
Frame or mirror any portion of the Community, or otherwise incorporate any portion of the Community into any product or service.
Systematically download and store any information, data, content or other materials available in or through the Community.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any information, data, content or other materials available in or through the Community, or reproduce or circumvent the navigational structure or presentation of the Community.
Falsely state or imply that you are associated with TripActions, another person or company, or in any way misrepresent your identity, affiliation, title, or authority.
Access or use of the Community if you are TripActions direct competitor, or access or use the Community for any competitive purposes, including to build a competitive product or service, or any product or service using similar ideas, features, functions or graphics as the Community, or for purposes of benchmarking or otherwise monitoring the Community’s availability, performance or functionality.
Remove or modify any Community markings or any notices, including any markings or notices of TripActions or any other party’s proprietary rights.
Use any portion of any Community for any purpose, including duplicating any portion of the Community, using any portion of the Community for your internal business operations, for production purposes or for any commercial purpose (including use in connection with any advertising or other commercial solicitation), or making available to any third party any portion of the Community.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other products or services needed to use or access the Community. In addition, please remember that you may be providing information, data, content or other materials to a diverse and international audience. Things that do not seem abusive, obscene, offensive or otherwise objectionable may seem so to others. You will treat other users of the Community with courtesy and respect.
Third Party Sites and Services
The Community may contain links and references to third party sites on the Internet. Third party sites or services are not within our supervision or control. We make no representations or warranties about any third party site or resource, and we do not endorse any such products or services. We further disclaim all liability for content on third party websites. You hereby irrevocably waive any claim against us with respect to third party content.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have a policy of terminating, in appropriate circumstances and in our sole discretion, account holders who are deemed to be repeat infringers. We may also terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you think anyone has posted material to the Community that violates any copyrights or other intellectual property right, then you can notify us at email@example.com or via mail at TripActions, Inc., 1501 Page Mill Road, Building 1, Palo Alto, CA 94304, Attn: Legal. Upon receipt of such complaint, we may take whatever action, in our sole discretion, we deem appropriate, in accordance with applicable law (including with the safe harbor provisions of the DMCA).
Please see 17 U.S.C. §512(c)(3) for notification requirements. We may give notice of a claim of copyright infringement to users by means of a general notice on the Site, electronic mail or by written communication.
DISCLAIMER OF WARRANTIES AND CONDITIONS
While TripActions tries to maintain the timeliness, integrity and security of the Community, it does not guarantee that the Community is or will remain updated, complete, correct or secure, or that access to the Communities will be uninterrupted.
LIMITATION OF LIABILITY
You will indemnify TripActions and each TripActions Affiliated Party, and/or their suppliers, from and against any liabilities, losses, damages and expenses, including court costs and reasonable attorneys’ fees, associated with any claim by a third party arising out of or relating to your use of, or activities in connection with, the Community (including all Submissions). TripActions will provide you with written notice of such claim. You may not settle any claim in a manner that would result in an admission of any wrongdoing by TripActions or a TripActions Affiliated Party, without such party’s prior written approval.
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