Terms

Last updated 2/22/2020

Triptap, Inc. (“Triptap,” “us,” “our” and “we”) owns and operates the Triptap website, related mobile apps (together, the “Site”) and associated travel itinerary sharing and planning platform and other services that we provide including through the Site (the “Services”). By accessing or using the Site in any way or by creating an account to use the Services and becoming a Member, users (“you,” “your”) agree to abide by these Terms of Use. These Terms of Use and any other terms, policy or other document incorporated in these terms and conditions by reference are a legally binding agreement between us (the “Agreement”).

Please refer to our privacy policy, available at https://thetriptap.com/privacy-policy/ (the “Privacy Policy”) for information on how we collect, use and disclose personally identifiable information from our users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

1. Acceptance and Amendment of Terms

Your use of the Service, including new features and enhancements to the Service, is entirely conditioned on and subject to your compliance with this Agreement. If you do not agree with this Agreement, you should leave the Site and discontinue use of the Services immediately. Please read this Agreement carefully and save it. If you wish to become a Member, communicate with other Members through the Site and make full use of the Services, you must read this Agreement and indicate your acceptance during the registration process.

We may change this Agreement at any time, and we will notify you of any changes by posting notice on the Site or Services. If we make any material change to this Agreement we may also notify you via the email address you provide to us on registration (if applicable), or as otherwise required by law, and ask that you consent to those material changes.

Any changes to the Agreement that amend the licenses provided in this Agreement shall amend any licenses granted before the changes take effect, as well as any granted after the changes take effect.

Your use of the Site or the Service after notice of changes to this Agreement is your agreement to those changes. If you do not agree with the changes, you must terminate your account and cease use of the Site and the Service.  It is your responsibility to note any changes to this Agreement. These Terms of Use shall always bear a “last updated” date at the top of the page showing the date on which they were last updated.

2. User Conduct

1. In order to become a Member, you need to create an account on the Site. To create an account, you must submit certain requested information to Triptap, including a correct email address. When such registration information is requested by the Service, the information you provide must be true, accurate, current, and complete. Please note that it is your responsibility to keep your registration information with us, including your email address for notification purposes, up-to-date.
2. You are responsible for any activity and charges that occur under your screen name and account. You may not transfer your account.
3. You are responsible for keeping your Member password secure and for notifying Triptap immediately of any breach of security or unauthorized use of your account.
4. You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload and store on the Site and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information.
5. You are solely responsible for your conduct on the Site and use of the Service, and for any content, including but not limited to text, avatars, information, and other files (collectively, “Content”), that you contribute to the Site. For professional travel agents, this also includes, but is not limited to pictures, video, information, applications, software, music, sound and other files (collectively, “Content”), that you contribute to the Site.
6. You must not abuse, harass, threaten, impersonate or intimidate other users of the Service.
7. You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
8. You must not create or submit unwanted email or other messages to any users of the Site.
9. You may not collect or harvest any personally identifiable information, including account names, from the Site.
10. You may not use the Service to upload, transmit or link to Prohibited Content. Generally, Prohibited Content includes Content or other material that Triptap believes:
    • is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;
    • comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein;
    • violates or otherwise encroaches on the rights of others;
    • contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service;
    • advocates illegal activity;
    • harms anyone, including minors; or
    • provides a link to any of the above.
    • You may not access the Site or the Service with any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc.

Triptap has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Triptap does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Triptap may delete, move, and edit Content for any reason, at any time, without notice. Triptap in no way guarantees the accuracy, non-infringement, quality or appropriateness of Content available through the Service.

Any breach or non-compliance of any of these User Conduct terms will entitle Triptap to immediately and without notice (i) terminate that Member’s account, which could result in the permanent deletion of any data in the account from our servers and any User Content of the Member, and (ii) block the Member from any further use of the Site and Service.

3. Content Contributed to the Site by Members

The Site allows Members to create their own travel itineraries/experiences by uploading Content to the Site, and to share those contents through the Site with other users. The Site also allows Triptap-approved travel agents and travel experts to supply their content for our and our users’ use in connection with the Service. In this Agreement we refer to all of this Content provided by users as “User Content”.

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide the Site and Services to users, including to display your User Content in the manner requested by you to operate the Site and Services. In order for us to make the User Content you contribute available on the Site for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement. For example, if you write travel content or leave Comments, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other users so that they can view that User Content.

Therefore, by contributing User Content to the Site or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place even after termination of this Agreement or your account.

Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services. This license also grants us the right to sublicense that User Content to other users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used. We may from time to time change the manner in which User Content can be used by the Service, and if we do so any license you have granted to us under this Section 3 shall automatically be extended to new uses permitted by the Service, and any our rights under licenses previously granted to us for uses no longer permitted by the Service shall continue as described in this Section 3.

If you contribute User Content to the Site, it is your responsibility to check the Site from time to time to review how we permit User Content to be used. You may at any time, on written notice to us, terminate your use of the Site and this Agreement in the manner provided below.  Upon any termination, whether by you or by us, your license of your User Content to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service prior to the termination. For example, if at the time of your termination any User Content you have contributed to the Site as an artist is used in a Story, or has been printed by a Member for their personal use, or is used by us in promotional materials, those uses may continue until they cease. In particular, if at the time of your termination your User Content has been sublicensed by us to a third party for printing, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Also, if you choose to terminate, while it is not our usual practice, we may retain a copy of the applicable User Content for archival purposes, particularly if it violates Section 2 of this Agreement. Finally, if your use of the Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately. Triptap reserves the right to remove Content from the Site at any time, without notice, for any reason, or for no reason, in its sole discretion.

You represent and warrant to Triptap that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement.