Triporati Terms of Service
Triporati is an online service that allows our members to set up unique personal travel profiles that can be used to match against the Triporati database of destinations to recommend the best destination matches. The services offered by Triporati ("Triporati" or "we") include the Triporati website (the "Triporati Website( and any other features, content, or applications offered from time to time by Triporati in connection with the Triporati Website (collectively, the "Triporati Services"). The Triporati Services are hosted in the U.S.
Triporati may modify this Agreement from time to time and such modification shall be effective upon posting by Triporati on the Triporati Website. You agree to be bound to any changes to this Agreement when you use the Triporati Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Triporati reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate your access to all or any part of the Triporati Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Use of and Membership in the Triporati Services is void where prohibited. By using the Triporati Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Triporati Services does not violate any applicable law or regulation.
- Term. This Agreement shall remain in full force and effect while you use the Triporati Services or are a Member. You may terminate your Membership at any time, for any reason. Triporati may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
- Fees. You acknowledge that Triporati reserves the right to charge for the Triporati Services and to change its fees from time to time in its discretion. If Triporati terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Triporati immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. The Triporati Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Triporati. Illegal and/or unauthorized use of the Triporati Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Triporati Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Triporati Services.
- Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Triporati urges users to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
The Triporati Services contain Content of Triporati ("Triporati Content"). Triporati Content is protected by copyright, trademark, patent, trade secret and other laws, and Triporati owns and retains all rights in the Triporati Content and the Triporati Services. Triporati hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Triporati Content (excluding any software code) solely for your personal use in connection with viewing the Triporati Website and using the Triporati Services.
The following is a partial list of the kind of activity that is illegal or prohibited on the Triporati Website and through your use of the Triporati Services. Triporati reserves the right to investigate and take appropriate legal action against anyone who, in Triporati's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Triporati Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Triporati Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Triporati reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Triporati deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Triporati Services, you acknowledge that you will have caused substantial harm to Triporati, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Triporati $50 for each such unsolicited email or other unsolicited communication you send through the Triporati Services;
- covering or obscuring the banner advertisements on your personal profile page, or any Triporati page via HTML/CSS or any other means;
- interfering with, disrupting, or creating an undue burden on the Triporati Services or the networks or services connected to the Triporati Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Triporati Services on behalf of that person
- using the Triporati Services in a manner inconsistent with any and all applicable laws and regulations.
- Disclaimers. Triporati is not responsible for any incorrect or inaccurate Content posted on the Triporati Website or in connection with the Triporati Services. Inclusion of any linked website on the Triporati Services does not imply approval or endorsement of the linked website by Triporati. When you access these third-party sites, you do so at your own risk. Triporati takes no responsibility for third party advertisements which are posted on this Triporati Website or through the Triporati Services, nor does it take any responsibility for the goods or services provided by its advertisers. Triporati is not responsible for the conduct, whether online or offline, of any User of the Triporati Services. Triporati assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Triporati is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Triporati Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Triporati Services. Under no circumstances shall Triporati be responsible for any loss or damage, including personal injury or death, resulting from use of the Triporati Services, attendance at a Triporati event, from any Content posted on or through the Triporati Services, or from the conduct of any Users of the Triporati Services, whether online or offline. The Triporati Services are provided "AS-IS" and as available and Triporati expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Triporati cannot guarantee and does not promise any specific results from use of the Triporati Services.
- Limitation on Liability.
IN NO EVENT SHALL Triporati BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TRIPORATI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRIPORATI'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TRIPORATI FOR THE TRIPORATI SERVICES DURING THE TERM OF MEMBERSHIP.
- U.S. Export Controls. Software available in connection with the Triporati Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Triporati Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- Disputes. If there is any dispute about or involving the Triporati Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California. Either Triporati or you may demand that any dispute between Triporati and you about or involving the Triporati Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) provided that the foregoing shall not prevent Triporati from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold Triporati, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Triporati Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Triporati Website or through the Triporati Services causes Triporati to be liable to another.
- Other. This Agreement is accepted upon your use of the Triporati Website or any of the Triporati Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Triporati regarding the use of the Triporati Services. The failure of Triporati to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Triporati is a trademark of Triporati, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.