“TripTipping.com” (the “Site” or “We”) is the interactive on-line service operated by TripTipping.com on the World Wide Web of the Internet, consisting of information services and content provided by TripTipping.com, affiliates of TripTipping.com and other third parties, including Users. “User” or “You” means each person who establishes or accesses a connection (“Account”) for access to and use of TripTipping.com.
2. Use of Site
The Site is for general research, informational, and entertainment purposes only. We publish articles, or other content from current and past contributors and Users. The information on the Site represents the opinions and perspectives of a variety of contributors and Users of the Site since its inception. We try to proof read and copy edit User generated content, but You should assume that We have not independently verified the accuracy, thoroughness, or relevance of the content available on the Site.
All USERS SHALL USE THE SITE AND ANY OTHER WEB SITES ACCESSED THROUGH IT, AT ENTIRELY THEIR OWN RISK. All Users are responsible for the consequences of their postings. The Site does not represent or guarantee the truthfulness, accuracy or reliability of any advertisement or materials posted by other Users or endorse any opinions expressed by Users. Any reliance by users on material posted by the Users will be at their own risk. The Site reserves the right to expel any user and prevent their further access to the Site, at any time for breaching this Agreement or violating the law and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate in the Site’s sole discretion.
The Site may contain links to third party web sites. These are provided solely as a convenience to you and not in any way as an endorsement by the Site of the contents on such third-party web sites. If any user accesses any linked third party web sites, he/she does so entirely at their own risk.
3. Modification to Terms.
TripTipping.com shall have the right at any time to change or modify the terms and conditions applicable to User’s use of TripTipping.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on TripTipping.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of TripTipping.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
4. Modification to Site
TripTipping.com reserves the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your content from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect TripTipping.com’s license to your content as stated herein.
5. Posting User Generated Content on the Site; Representations and Warranties
You have the ability to interact with the Site and other users by posting comments, engaging in discussions, submitting tips, uploading photos, and a variety of other ways (all such submissions or postings collectively referred to as “User Generated Content”). By submitting or posting any User Generated Content on the Site, you warrant and represent that:
- you own all rights in your User Generated Content and the performance contained in your User Generated Content or, alternatively, you have acquired all necessary rights in your User Generated Content to enable you to grant to TripTipping.com the rights in your User Generated Content described herein and for us to exercise the rights with respect to such User Generated Content that you grant herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Generated Content;
- you are the individual pictured, depicted, and/or heard in your User Generated Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Generated Content to grant the rights to TripTipping.com described herein;
- you will make such permissions available to TripTipping.com upon request;
- your User Generated Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
- if you are a direct competitor of an author or another Posting user, or otherwise have an interest adverse to the author or another posting user, you will fully disclose the interest;
- you will not stalk, threaten or harass authors or other users or infringe upon, invade or attempt to infringe upon or invade their privacy; and
- you will not Post any information or material which may constitute or encourage conduct that is a criminal offense, tort, or civil wrong or otherwise violates any applicable law.
You agree to keep all records necessary to establish that your User Generated Content does not violate any of the foregoing representations and warranties and to make such records available upon the reasonable request of TripTipping.com. You acknowledge that the Site does not have any “digital rights management” or other security technology features to restrict someone who receives Content from copying and redistributing it.
To post User Generated Content on the Site, you must first complete the Site registration process to login (your “Account”). You agree to provide accurate current and complete information during the registration process, when contributing User Generated Content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you. You agree to be liable for any User Generated Content posted using your Account and for any transactions associated with your Account. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable. You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians.
When you submit ideas, suggestions, or proposals (collectively, “Ideas”) to us, you represent, warrant, and agree that: (i) your Ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us and that they do not and will not infringe or violate any third party rights of any kind; (ii) if we so choose, we may use and disclose your Ideas in any way; and (iii) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that (x) we may have already created, or be in the process of creating, content that may be substantially similar to your Ideas or work samples at the time you submit those ideas or samples to us, and (y) elements of your Ideas and work samples may not be subject to protection under copyright law.
6. Ownership of Rights for User Generated Content; License Rights
You retain ownership of your copyrights and other intellectual property and proprietary rights in any User Generated Content you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms. These Terms do not prevent you from granting similar rights to others.
Subject to your right to terminate your license to us as described below in this Section 5, you hereby grant TripTipping.com a worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the User Generated Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such User Generated Content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that we may (but are not obligated to) display your User Generated Content, and your user name or your actual name (according to the preferences you select at the time that you register) along with your User Generated Content.
You acknowledge that the posting of your User Generated Content for any period of time is sufficient consideration for the license granted herein to TripTipping.com.
You may choose from time to time to remove or modify User Generated Content that you previously posted on the Site if doing so would not interfere with other users’ ability to enjoy the Site. For example, a request to remove your comments or posts from a long string of interactive posts could render the entire thread unintelligible and eliminate the ability of the other users of the Site to read and enjoy that thread. In these situations, we may anonymize your User Generated Content so that the threaded conversation remains intact. Your removal of any of your User Generated Content will automatically terminate our license to such User Generated Content. But if prior to such removal or modification, eHow has created, or developed specific plans to create, any electronic or printed materials containing such User Generated Content (e.g., in advertising, promotion or otherwise), then you agree that eHow may continue to exploit materials containing such User Generated Content after you have removed or modified that User Generated Content. However, six (6) months after you have removed or modified that User Generated Content, you may send us written notice to cease displaying such materials, in which event we will use commercially reasonable efforts to cease displaying such materials within thirty (30) days of our receipt of such notice. Your written notice to us must be sent to [email protected] and contain the following information:
- your name, address, telephone number, and email address;
- the user name for your Account;
- your electronic or physical signature;
- identification of the specific User Generated Content;
- identification of the materials containing the User Generated Content in question, including the title and the URL where it may be viewed;
- identification of the approximate date on which you removed or modified the User Generated Content contained in such materials;
- a statement that you would like TripTipping.com to cease using such materials containing such User Generated Content; and
- your certification that you own or have the exclusive rights to such User Generated Content.
7. Prohibited Content
You agree not to post or submit to the Site any content or any other materials whatsoever that is or could appear to be:
- untrue, misleading, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable;
- infringing or alleged to be infringing upon a third party’s rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third party claim of infringement;
- of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information;
- unsolicited, undisclosed or unauthorized advertising;
- software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or
- in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
8. Prohibited Conduct; Liquidated Damages
You agree not to do, or attempt to do, any of the following, subject to applicable law:
- access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- access, tamper with, or use services or areas of the Site that you are not authorized to access;
- alter information on or obtained from the Site;
- tamper with postings, registration information, profiles, submissions or User Generated Content of other users;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
- frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Generated Content for any purpose except as expressly permitted in writing by TripTipping.com;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
- send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or
- take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
9. Monitoring of User Generated Content
Although we strive to maintain high standards for this Site, we are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site. Notwithstanding the foregoing, we reserve the right to modify or remove any User Generated Content at any time. Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of TripTipping.com. TripTipping.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorised TripTipping.com employees acting in their official capacities.
You acknowledge that any submissions you make to the Site (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by TripTipping.com and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Site may also be included in our RSS feeds, APIs and made available for republishing through other formats.
User agrees to defend, indemnify and hold harmless TripTipping.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of TripTipping.com by User or User’s Account.
11. Exclusion of Damages; Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER TripTipping.com NOR THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF TripTipping.com, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
12. Copyright Infringement
TripTipping.com respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit eHow to locate the material (for example, by providing a URL to the material);
- your name, address, telephone number, and email address;
- 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; and
- a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement can be reached at:
Suite 2512, Langham Place Office Tower, 8 Argyle Street, Mongkok, Kowloon, Hong Kong
13. Customer Support
You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such Account.
This Agreement and any operating rules for TripTipping.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Both users and the Company shall submit to the exclusive jurisdiction of the courts of Hong Kong.