Legal
A word from the Tripulu legal team…..
Tripulu Legal
These terms of use (the “Terms”) apply to the Tripulu website located at www.tripulu.com and all associated sites linked to www.tripulu.com by Tripulu and its affiliates (collectively, the “website”). The website is the property of Tripulu and its licensors. By using the website, you agree to these Terms.
Tripulu may at any time revise or modify these Terms by updating this posting. You are bound by such revisions and modifications so we encourage you to visit this page to review the most current Terms from time to time. Tripulu reserves the right to, without notice and for any reason, modify or remove content from this Site, suspend or terminate the operation of the Site and deny access to any user to all or part of this Site.
Member Content
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant Tripulu and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Tripulu and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and © represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant Tripulu the right to pursue at law any person or entity that violates your or Tripulu’s rights in the Content by a breach of these Site Terms.
Content submitted by members will be considered non-confidential and Tripulu is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Tripulu reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Tripulu is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to Tripulu. Tripulu shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Tripulu or its licensees, successors and assigns; © you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Tripulu, and its licensees, successors and assigns, from any claims that you could otherwise assert against Tripulu by virtue of any such moral rights.
Interactive Areas
The website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site (“Interactive Areas”). If Tripulu provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
1. Any message, data, information, text, music, sound, photos, graphics, code or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. 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.
3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files;
8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
9. Content that, in the sole judgment of Tripulu, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Tripulu or its affiliates or its users to any harm or liability of any type.
Tripulu takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Tripulu liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Tripulu is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Tripulu has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Tripulu reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Tripulu’s systems and customers, or to ensure the integrity and operation of Tripulu’s business and systems, Tripulu may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Tripulu’s right to disclose any such information shall govern over any terms of Tripulu’s Privacy Policy.
Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the website for noncommercial purposes, provided such link does not portray Tripulu or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Tripulu logo or other proprietary graphic of Tripulu to link to the Site without the express written permission of Tripulu. Further, you may not use, frame or utilize framing techniques to enclose any Tripulu trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Tripulu’s express written consent. Except as noted above, you are not conveyed any right or license by implication, or otherwise in or under any patent, trademark, copyright or proprietary right of Tripulu or any third party. Nothing contained on the website may be construed as granting, by implication, or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Tripulu or any third party without the prior written permission of Tripulu or such other party that may own such patent, trademark, copyright or other proprietary right(s).
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Tripulu does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Tripulu provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Tripulu’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Tripulu accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Websites linking to Tripulu. When you leave the website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Limited License
Tripulu grants you a limited, nonsublicensable license to access and use the website and to view, copy and print portions of the website Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the website Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the website or the website Content, or any portion thereof; (iii) any displays or printouts of website Content must be marked “Tripulu.com” All rights reserved.”; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the website Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the website or the website Content other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the website or any website Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the website or website Content without the prior written permission of Tripulu is strictly prohibited and will terminate the license granted herein.
Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these website legal terms may be construed as conferring any license to intellectual property rights, whether by, implication or otherwise. This license is revocable at any time.
You represent and warrant that your use of the website and the website Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Tripulu against any liability to any person arising out of your use of website Content not in accordance with these website legal terms.
Ownership and Copyright
Except as otherwise indicated, the website, and all text, images, marks, logos and other content contained herein, including, without limitation, the Tripulu logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the “website Content”) are the proprietary property of Tripulu or its licensors or users and are protected by U.S. and international copyright laws.
No Warranties; Limitation of Liability
WHILE TRIPULU USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, TRIPULU MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. THE PROPERTIES, INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, TRIPULU DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE BUSINESSES FEATURED AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES AND GENERAL PRODUCT DESCRIPTIONS), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS, WRITTEN BY TRIPULU MEMBERS AND OTHER SOURCES.
THE BUSINESSES PROVIDING TRAVEL OR OTHER SERVICES IN CONNECTION WITH THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRIPULU. TRIPULU AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BY OFFERING TRAVEL PRODUCTS AND SERVICES LOCATED IN PARTICULAR DESTINATIONS, TRIPULU DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER. IN NO EVENT SHALL TRIPULU, ITS AFFILIATES AND/OR THEIR RESPECTIVE BUSINESSES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THIS WEBSITE OR THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
Indemnification
You agree to defend, indemnify and hold harmless Tripulu and its affiliates and their respective directors, officers, employees and agents from and against all demands, losses, liability, claims or expenses, including attorneys’ fees, made against Tripulu by any third party due to or arising out of or in connection with your use of the Site.
Miscellaneous
These Terms shall be governed by the laws of Barbados, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the courts located in Barbados, in all questions and controversies arising out of your use of this site and this Agreement. The relationship between Tripulu and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Privacy
Tripulu (“Tripulu”) takes your privacy seriously. We make it a priority to secure and protect the confidentiality of the personally identifiable information that you provide to us. This policy explains the type of personal information we gather when you use www.tripulu.com or our affiliated websites (collectively, the “website”) and when you provide us information by other means, including by email and telephone.
Information We Collect
Tripulu collects non-personally identifiable information about visitors to the website such as aggregate information on what pages are accessed or visited. We use this information to continually improve the online experience we provide website visitors.
We also collect personally identifiable information that is specifically volunteered to us by email, by telephone or by those visiting the website online, including contact information.
Use of the Information We Collect
The information we collect is used to improve the website and to contact those who have requested information concerning our services and, as needed, to carry out the purchase of services. We will only send you updates, offerings or service information by email if you have provided your email to us.
Third-Party Web Beacons
We use third-party web beacons from Google Analytics to help analyze where visitors go and what they do while visiting the website. Google Analytics may also use anonymous information about your visits to the website in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by http://www.google.com/intl/en_ALL/privacy.html
Sharing of Information
We do not sell or rent your personal information to anyone. Tripulu will only share your personally identifiable information with our affiliates and authorized service providers that perform certain services or functions on our behalf. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process involving Tripulu or the website.
Updates to our Policy
From time to time, we may use customer information for new, unanticipated members not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to the website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at the website periodically.
Updating your Information
Simply login and update your contact information using the “edit” feature on you’re my Profile page.
External Links
The website may provide links to external websites maintained by individuals or organizations external to Tripulu. Once you access information that links you to another website, you are subject to the privacy policy of these external sites.
We Protect your Information
We value your privacy and we have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at the Site.
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