Terms and Conditions
Tripgrid.com (“Tripgrid”) website or mobile (Site) is wholly owned by Tripgrid Inc., a Delaware corporation (“Tripgrid”) maintains the website at https//www.Tripgrid.com (the “Site”) and provides related services (collectively, such services, including any new features and applications, and the Site, the “Services”) subject to the following Terms and Conditions (as updated and amended from time to time, these “Terms and Conditions”). Tripgrid is a travel planning and information repository for Events, Destinations, Pictures, Videos, Activities, Accommodations, Eating, Drinking, Maps (“Travel Data”), containing maps, photos, information places. Using the Tripgrid tools to upload travel data, users can upload data from the places they've been, enter notes in ‘cards’ and attachments about a visit to a place and post those discoveries to a personal repository. Tripgrid maps are for reference purposes only and should not be used for navigational purposes. Tripgrid may at some point license, sublicense, sell or otherwise distribute its content, including but not limited to the travel data in whole or in part to third parties at its sole discretion.
B. Acceptance of Terms and Conditions
C. User Responsibility
1. Third-Party Content. In using the Services, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties (“Third-Party Content”), either at the Site or through links to third-party websites. Tripgrid or Tripgrid Inc. does not control, and is not responsible or liable for, Third-Party Content posted on, transmitted through or linked from the Services. Such Third-Party Content is the sole responsibility of the person from whom such Third-Party Content originated. You understand that by using the Services, you may be exposed to Third-Party Content that is incomplete, offensive, indecent, inaccurate, misleading, unlawful or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party
2. Identity Verification. You acknowledge that Tripgrid or Tripgrid Inc. does not pre-screen users or approve Third-Party Content and makes no attempt to confirm, and does not confirm, any user’s purported identity. We do not investigate any user’s reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We do not endorse any persons who use or register for the Services, whether as Customers or Guides, or any Adventure listed on the Site. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other users.
E. User Conduct
Without limitation, Tripgrid reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
1. You shall not use any portion of the Tripgrid Site and Mobile Application or the Services for uploading, posting, emailing, transmitting or otherwise making available information that is unlawful, infringe on another's intellectual property rights, or are harmful to minors in any way.
2. You shall not attempt to interfere with any other person's use of the Services.
3. You shall not misrepresent your identity or impersonate any person.
4. You shall not hold yourself out as sponsored by, endorsed by, or affiliated with the Tripgrid Site and Mobile Application and Tripgrid Inc..
5. You shall not use any portion of the Tripgrid.com website and Mobile Application or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
6. You shall not use any portion of the Tripgrid website and Mobile Application or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
7. You shall not attempt to gain unauthorized access to Tripgrid’s database or other computer systems.
8. You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Tripgrid in connection with the Tripgrid website and Mobile Application or the Services.
9. You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Tripgrid website and Mobile Application.
10. You shall not use any portion of the Tripgrid website and Mobile Application or the Services for any unlawful purpose. All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Tripgrid.com and Tripgrid Inc.
F. Travel Data
To the extent that portions of this Site provide users an opportunity to post travel data and thereby post and exchange information, ideas, opinions, messages, text, images, photos, or other materials (the "Postings"), please be advised that such Postings do not necessarily reflect the views of Tripgrid. In no event shall Tripgrid assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Tripgrid does not claim ownership rights to any of your Postings, except to the extent that such rights may be expressly limited or assigned by this Agreement. For the purpose of enabling us to display your Postings through the Tripgrid and Tripgrid website and Mobile Application(s) and Services and in the case of any sublicense by Tripgrid to any third party, you hereby grant to Tripgrid a non-exclusive, royalty-free, fully paid, worldwide license to use, copy, distribute, and display such materials.
Tripgrid does not allow Postings which contain:
Private or personal information which might identify a user Profanity or obscenities Personal attacks on other individuals Slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or Other information that Tripgrid deems in its sole discretion to be inappropriate for this Site and Mobile Application, or which otherwise violate this Agreement.
Although Tripgrid periodically monitors the content posted on this Site and Mobile Application, we cannot be responsible for the views or opinions expressed by third parties. Tripgrid reserves the right, in our sole discretion, to refuse to post, edit, or delete Postings that violate the above-referenced rules of conduct, or for any other reason. Tripgrid may also revoke the privileges of users who do not comply with such rules.
You acknowledge that Tripgrid may establish limits concerning use of the Postings, including the maximum number of days that Postings will be retained by the Site and Mobile Application and the maximum number and size of Postings that may be transmitted or stored by the Site and Mobile Application. You agree that Tripgrid has no responsibility or liability for the deletion or failure to store any Postings maintained or transmitted by the Site and Mobile Application.
G. Travel Data Submissions To the extent that portions of this Site and Mobile Application provide users or other third parties an opportunity to submit reviews, photos and submissions for display on this Site and Mobile Application about various products and services, such as Hotel Reviews, Restaurant Reviews and Photos, ("Review(s)"), please be advised that such Reviews do not necessarily reflect the views of Tripgrid. In no event shall Tripgrid assume or have any responsibility or liability for any Review appearing on the Site, including those provided by any user or any other party, or for any claims, damages or losses resulting from its use and/or appearance on this Site and Mobile Application.
By posting or submitting a Photo, Discovery or Review, you hereby represent and warrant that you have all necessary rights in and to any Photo, Discovery or Review you provide and shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortious, or otherwise unlawful information. You further represent and warrant that all information contained in such Photo, Discovery or Review is accurate, that use of any Review you supply does not violate this Agreement and will not cause injury to any person or entity, and that you will indemnify Tripgrid or its affiliates for all claims resulting from any Review you supply.
H. License Grant to Travel Data By using the Tripgrid site or Mobile services and/or by uploading content of any kind including specifically the posting or submitting of any Photos, Videos, Discoveries or Reviews, you automatically grant to Tripgrid and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Photos, Videos, Discoveries and Reviews throughout the world in any media. Tripgrid has the right but not the obligation to monitor or edit or remove any Photo, Videos, Discovery or Review or any portion thereof at any time in its sole discretion.
I. Proprietary Rights Tripgrid has expended substantial time, effort, and funds to create Tripgrid and its Services. All site software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the "Content") are the property of Tripgrid and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
Copyrights. All content of this Site are Copyright © 2016 Tripgrid, Tripgrid Inc., or are the proprietary property of Tripgrid’s suppliers, affiliates or licensors. No copyrighted material or other Content may be reproduced, modified, create derivative works from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) without the express prior written consent of Tripgrid. Use of Tripgrid and/or its licensors' Content is only permitted with their express written permission. All rights reserved.
Notice of Copyright Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Tripgrid’s copyright agent the written information specified below. (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon;(3) A description of where the material that you claim is infringing is located on the site and Mobile Application; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Tripgrid’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent Tripgrid Inc. 514 NW 11th Ave.
Portland, OR 97209 e-mail: Info@Tripgrid.com
Trademarks and Service Marks. Tripgrid.com, the Tripgrid logo, are including without limitation, either trademarks, service marks or registered trademarks of Tripgrid and the products and services described or offered in this Site and Mobile Application, are either the trademarks, service marks or registered trademarks of Tripgrid, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without Tripgrid’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content on the Site and Mobile Application. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
J. Termination of Services Tripgrid may terminate your access to the Services with or without cause at any time and effective immediately, at Tripgrid’s sole discretion, including but not limited to your failure to conform to the terms and conditions of the Agreement. Tripgrid shall not be liable to you or any third party for termination of use of the Services. Upon termination, your right to use the Services shall cease immediately. Sections D, G-N shall survive termination of this Agreement.
You agree to defend and indemnify Tripgrid and Tripgrid Inc., and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Tripgrid reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Tripgrid in asserting any available defenses.
L. Copyright and Trademark notices All content of this website are © 2016 Tripgrid, Tripgrid Inc., all rights reserved. Tripgrid.com, Travelstash LLC, Where We Gonna Go LLC and other logos and product and company names mentioned herein may be the trademarks of their respective owners. Tripgrid Inc. is not responsible for content on websites operated by parties other than Tripgrid Inc. If you are aware of any infringement of our brand, please let us know by emailing us at info@Tripgrid.com.
M. Disclaimer of Warranties THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." TRIPGRID, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF TRIPGRID’s SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
N. Limitation of Liability TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRIPGRID ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF TRIPGRID’S SERVICES OR THE WEB SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRIPGRID, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
O. Disputes Any claim arising out of or relating to this Agreement, Tripgrid or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim of any other party. The arbitration shall be conducted in Multnomah County, Oregon, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Tripgrid may seek any interim or preliminary relief from a court of competent jurisdiction in Multnomah County, Oregon necessary to protect the rights or property of you or Tripgrid (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
If there is a dispute between participants on this site, or any third party, Tripgrid is under no obligation to become involved. In the event that User has a dispute with one or more members, user hereby releases Tripgrid, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
P. Governing Law This Agreement shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Tripgrid.com, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Q. Agreement This Agreement constitutes the entire agreement between you and Tripgrid and governs your use of our Site, superseding any prior agreements between you and Tripgrid with respect to the use of our Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Tripgrid to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.