Terms of Use

Tripnary Terms of Use

Effective date: November 20, 2014

Welcome to Tripnary! We are a travel mobile app and website that helps you plan trips. The term “Tripnary,” “we,” and “us” includes Tripnary, LLC. The “Tripnary Service” is defined as any website, mobile application, or Internet service under the control of Tripnary, LLC, in connection with providing an online platform for Tripnary’s services.

Acceptance

Please read our Terms of Use (“Terms”) carefully as well as our Privacy Policy. These Terms apply to all use of the Tripnary Service and constitutes a binding legal agreement between you and Tripnary. By accessing the Tripnary Service you agree to be bound by these Terms, whether or not you create a Tripnary account, including all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Tripnary Service. The materials contained in the Tripnary Service are protected by applicable copyright and trademark law. The Privacy Policy describes how we use data relating to you and it forms a part of these Terms. If you do not accept and agree to be bound by all of the Terms, including the Privacy Policy, do not use the Tripnary Service.

Eligibility

Tripnary Service is intended solely for persons who are 13 years of age or older. You must be 13 or older to use the Tripnary Service. You must not use the Tripnary Service if you are under the age of 13. If you are over the age of 13 and under the age of 18, or if you don’t understand these Terms, please ask an appropriate parent, guardian or other adult to explain these Terms to you.

Registration

In order to access certain features of the Tripnary Service, you must register to create an account with Tripnary (Account) and represent, warrant and covenant that you provide Tripnary with accurate and complete registration information (including, but not limited to your name, e-mail address and a password you will use to access the Tripnary Service). You may register with Tripnary by using one of your existing social network accounts, like Facebook (“Social Network Account”).  If you use your Social Network Account to register with Tripnary, you will be allowing Tripnary to access your social network account information, like name, email address, hometown, etc. If you use Tripnary through a social network, you agree to abide by that social networks applicable terms and conditions.

You shall not:

* create any account for anyone other than yourself; or

* use a name or email that is the name or email of another person with the intent to impersonate that person;

You agree to keep your Account information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Tripnary Account. Tripnary reserves the right to suspend or terminate your Account at its sole discretion or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, including but not limited to misrepresenting your age, or if Tripnary has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.

Your Account is solely for your personal use, and you agree not to authorize others to use your Account. You are solely responsible and liable for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your Tripnary password. You shall never use another user’s Account. You will immediately notify Tripnary in writing of any unauthorized use of your Account, or other Account related security breach of which you are aware.

Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Tripnary 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. For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Tripnary on or through the Tripnary Service.

Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Tripnary Service by users, is collectively referred to as, “User Content.” As a user of the Tripnary Service, you shall retain ownership of all copyright in User Content you submit to the Tripnary Service. However, with respect to User Content you submit or make available for inclusion on the Tripnary Service, you automatically grant Tripnary a worldwide, non-exclusive, royalty-free, fully paid, non-terminable, and transferable license (including the right to sub-license to third parties) to use, communicate to the public, copy, edit, modify, reproduce, distribute, publish, play, perform and make adaptations or derivative works of such User Content in any manner and for any purpose whatsoever, including any commercial or advertising purpose.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Tripnary Service. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Tripnary, or you have all rights, licenses, consents and releases that are necessary to grant to Tripnary the rights in such User Content, as contemplated under these Terms.

You understand that all information publicly posted or privately transmitted through the Tripnary Service is the sole responsibility of the person from which such Content originated; that Tripnary will not be liable for any errors or omissions in any Content; and that Tripnary cannot guarantee the identity of any users with whom you may interact in the course of using the Tripnary Service.

When you delete your User Content, they will be removed from the Tripnary Service. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Content.

User Content Restrictions

As a condition of use, you agree not to use the Tripnary Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Tripnary Service and agree to abide by all applicable local, state, national and international laws and regulations. You agree not to post, transmit, store or otherwise publish through the Tripnary Service:

* Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, discriminatory or otherwise objectionable;

* Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

* Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

* Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or the origin of any Content;

* Content that you know is false, misleading, untruthful or inaccurate;

* Content that, in the sole judgment of Tripnary is objectionable or which restricts or inhibits any other person from using or enjoying the Tripnary Service, or which may expose Tripnary or its partners or users to any harm or liability of any type;

* unsolicited promotions, political campaigning, advertising or solicitations, junk or bulk-email (“spamming”);

* private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers or sensitive financial information;

* viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Tripnary or any third party; or

* Content that breaches the Privacy Policy, the Terms and/or any of the other policies and rules incorporated herein.

Tripnary Content

Tripnary Service contains Content specifically provided by Tripnary 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, trademarks, service marks, proprietary rights notices, information, and restrictions contained in, incorporated in, or accompanying any Content accessed through the Tripnary Service.

Subject to these Terms of Use, Tripnary grants each user of the Tripnary Service a limited, non-exclusive, non-transferable license, without the right to sub-license, to use the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Tripnary, or from the copyright holder identified in such Content’s copyright notice, as applicable. 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.

Rules and Restrictions

You shall not (directly or indirectly):

* take any action that imposes or may impose (as determined by Tripnary in its sole discretion) an unreasonable or disproportionately large load on Tripnary’s (or its partners’) infrastructure;

* interfere or attempt to interfere with the proper working of the Tripnary Service or any activities conducted on the Tripnary Service;

* bypass any measures Tripnary may use to prevent or restrict access to the Tripnary Service (or other accounts, computer systems or networks connected to the Tripnary Service);

* run any form of auto-responder or “spam” on the Tripnary Service;

* use manual or automated software, devices, or other processes to “crawl” or “spider” any Content from the Tripnary Service;

* harvest or scrape any Content from the Service;

* modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Tripnary Service or it’s Content (other than your User Content), except as expressly authorized by Tripnary;

* decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Tripnary Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;

* access the Tripnary Service by any means other than through the interface that is provided by Tripnary for use in accessing the Tripnary Service

* reproduce or redistribute the Tripnary Service

* copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;

* otherwise take any action in violation of Tripnary’s guidelines and policies.

Tripnary does not guarantee that any Content or User Content will be made available through the Tripnary Service. Tripnary has no obligation to monitor the Tripnary Service, Content, or User Content. However, Tripnary reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Tripnary is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Content from the Tripnary Service. Tripnary also reserves the right to access, read, preserve, and disclose any information as Tripnary reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Tripnary, its users and the public.

Rights of Use

Tripnary Service is made available solely for your private, non-commercial, personal use only. This does not give you any rights of ownership in the Tripnary Service. We can suspend or withdraw your access to the Tripnary Service at any time and for any reason.

All third party trade names and trademarks are the property of their respective owners and Tripnary makes no warranty or representation in relation to them. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

Tripnary and our logo are trademarks belonging to us. We give no permission for the use of these trademarks and such use may constitute an infringement of our rights.

Third Party Services

Tripnary may run advertisements and promotions from third parties and/or link you to other websites, services, or resources on the Internet (“Third Party Services”), and other websites, services or resources may contain links to the Tripnary Service. When you access Third Party Services, you do so at your own risk. Your use of, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such use or promotions, are solely between you and such Third Party Services. These Third Party Services are not under Tripnary’s control, and you acknowledge that Tripnary is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. Tripnary is not responsible or liable, directly or indirectly, for any loss, injury or damage of any sort incurred in connection with the use of such Third Party Services. Tripnary may also transmit necessary personal data to Tripnary partners to facilitate a purchase for a given product or service.

Disclaimer

Tripnary Service and Content is provided on an “as is” basis and to the extent permitted by applicable law, without any guarantees, conditions, statements, warranties and representations of any kind, whether 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 by any course or performance or usage of trade, all of which are expressly disclaimed in relation to the Tripnary Service or the Content. Tripnary, and its officers, directors, employees, agents, representatives, suppliers, partners, affiliates, and content providers do not warrant that the Tripnary Service (a) is free from technical, typographical, or photographic errors; (b) is free from viruses or anything else that may have a harmful effect on any technology; (c) will be secure or available at any particular time or location; (d) any defect or errors will be corrected; or (e) the result of using the Tripnary Service will meet your requirements. We also do not monitor, verify or endorse any User Content. Your use of the Tripnary Service or Content and any reliance that you place on the accuracy, completeness, currency or reliability of the Content is at your own risk.

Save to the extent required by law, Tripnary has no special relationship with or fiduciary duty to you. You acknowledge that Tripnary has no control over, and no duty to take any action regarding: which users gain access to the Tripnary Service; what Content you access via the Tripnary Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release Tripnary from all liability for you having acquired or not acquired Content through the Tripnary Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Tripnary makes no representations concerning any Content contained in or accessed through the Tripnary Service, and Tripnary will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Tripnary Service.

Any liability we may have for any losses or claims arising from an inability to access the Tripnary Service, or from any use of the Tripnary Service or reliance on the data transmitted using the Tripnary Service, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Tripnary Service, save where such liability cannot be excluded by law.

Term

These Terms shall remain in full force and effect while you use the Tripnary Service or retain an Account. You acknowledge that Tripnary reserves the right, in its sole discretion, to restrict, suspend, or terminate your Account or deny you access to all or any part of the Tripnary Service at any time, for any or no reason, including but not limited to your violation of any provision of these Terms and/or any applicable copyright and trademark laws. You agree that termination of your Account or restriction on access to the Tripnary Service may be effected without prior notice, and acknowledge and agree that upon termination of your Account or restriction on access to the Tripnary Service, Tripnary may immediately deactivate and delete all related User Content, information and files associated with your account, and bar any further access by you to such files and/or the Tripnary Service. Tripnary is not obliged to preserve, keep, or maintain back-up copies of any User Content submitted or posted on the Tripnary Service.

Limitation of Liability

All liability of Tripnary, its officers, directors, employees, agents, representatives, suppliers, partners, affiliates, and content providers howsoever arising for any loss suffered as a result of your use of the Tripnary Service, Content, or User Content is expressly excluded to the fullest extent permitted by law, save that, if a court of competent jurisdiction determines that liability of Tripnary, its officers, directors, employees, agents, representatives, suppliers, partners, affiliates, and content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to one hundred US Dollars ($100).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIPNARY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AFFILIATES, AND CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT TRIPNARY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AFFILIATES, AND CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE TRIPNARY SERVICE, CONTENT, OR USER CONTENT FOR:

* INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;

* LOSS OF ACTUAL OR ANTICIPATED PROFITS;

* LOSS OF REVENUE;

* LOSS OF GOODWILL;

* LOSS OF DATA;

* LOSS OF ANTICIPATED SAVINGS;

* WASTED EXPENDITURE; OR

* COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TRIPNARY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE DISCLAIMERS, LIMITATION OF LIABILITY AND JURISDICTIONAL SECTIONS OF THE TERMS OF USE SURVIVE TERMINATION OF YOUR TRIPNARY ACCOUNT AND THIS AGREEMENT.

Governing Law

Any claim relating to Tripnary Service, Content, and User Content shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. All disputes will be resolved by a court located in the state of Illinois.

Entire Agreement

These Terms of Use are the entire agreement between you and Tripnary with respect to the Tripnary Service and use of the Tripnary Service, Content, or User Content, and supersede all prior oral, written, or electronic understandings or agreements between you and Tripnary. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Tripnary must provide you with written notice of such waiver through one of its authorized representatives.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Tripnary’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tripnary may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Modification of Terms of Use

Tripnary may make alterations to these Terms of Use at any time without notice. By using the Tripnary Service you are agreeing to be bound by the then current version of these Terms of Use. We may notify you of key changes to you but you should review these Terms from time to time to ensure you are aware of any changes.

Contact

If there are any questions regarding these Terms of Use you may contact us at [email protected]ary.com.