Terms of Service - Trekaroo

trekaroo Terms of Use

The effective date of these Terms of Use is August 19, 2007.


By using the trekaroo Service (as defined below) which are owned and operated by trekaroo, inc. ('trekaroo') and by accessing the trekaroo site located at http://www.trekaroo.com, and all linked pages owned and operated by trekaroo (the 'Site'), you agree to be bound by these Terms of Use, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, 'Terms of Use').


trekaroo's on-line services which are available at the Site will, among other things, help you find businesses and services by providing you access to reviews from other trekaroo users, post and share your reviews with other trekaroo users, and view third party postings and reviews regarding similar businesses and services ('Service'). These Terms of Use set out the legally binding terms with respect to your use of and our provision of the Site and Service. Please read these Terms of Use carefully. Your access to or use of the Site and Service constitutes your acceptance of all the provisions of these Terms of Use. If you do not agree to these Terms of Use, do not access or use the Site or Service.

1.     Eligibility.
You must be 13 or older to use the Site and Service, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Site and/or Service, you represent and warrant that you have the right, authority, and capacity to accept these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Site or Service. 

2.     Changes to these Terms of Use or the Service.
You agree and understand that these Terms of Use, the Site and the Service may be modified by trekaroo at any time without prior notice, and such modifications will be effective upon trekaroo's posting of the new Terms of Use and/or upon implementation of the new changes on the Site. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by trekaroo, any new features, services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to these Terms of Use.

3.     Registration and Security.
In order to use or access some of the Service, you may be required to register with trekaroo and to select a password and user name, which shall consist of an email address you own and use ('User ID'). If you register, you agree to provide trekaroo with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. trekaroo
reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Service shall be for your personal use only. You agree to (a) immediately notify trekaroo of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.

4.     Use of the Site and Service by Members.
Subject to the restrictions on use and on posting set forth in these Terms of Use, you may: (a) use the Site to solicit reviews from, and share reviews with other trekaroo users; (b) search the trekaroo database for reviews and business contact information; (c) forward reviews to people you know, whether or not they are existing trekaroo users; (d) invite people you know to join trekaroo; and (e) download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Service ('Content'), and other items displayed on the Site, for your own personal use as intended by the Site and Service. You may not copy or distribute any portion of the Site and/or Service for any purpose not authorized above without the express written permission of trekaroo. trekaroo does not control the Content posted by third parties via the Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will trekaroo be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. 

5.     Restrictions on Rights to Use.
You agree that you shall not (and you agree not to allow any third party to):

o   modify, adapt, translate, or reverse engineer any portion of the Site and/or Service;

o   remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or Service or in or on any Content or other material obtained via the Site and/or Service;

o   use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or Service;

o   access, retrieve or index any portion of the Site and/or Service for purposes of constructing or populating a searchable database of business reviews;

o   collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other trekaroo users or members;

o   reformat or frame any portion of the web pages that are part of the Site and/or Service;

o   create user accounts by automated means or under false or fraudulent pretenses;

o   create or transmit unwanted electronic communications such as 'spam' to other users or members of the Site and/or Service or otherwise interfere with other user's or member's enjoyment of the Site and/or Service;

o   transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;

o   use of the Site or Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;

o   copy or store any Content offered on the Site and/or Service other than for your own personal use;

o   use any device, software or routine that interferes with the proper working of the Site and/or Service, or otherwise attempt to interfere with the proper working of the Site and/or Service;

o   take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;

o   use the Site and/ or Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or

o   collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

 

6.     Content Posted by You on the Site.

o   You are solely responsible for any Content and other material that you submit, publish or display on the Site or transmit to other members and/or other website users (hereinafter, 'Posted Content').

o   You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary material. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.

o   You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by trekaroo.

o   You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.

o   You understand and agree that trekaroo may review and delete any business listings (including business name, address, telephone, facsimile, distance, reviews, rating, reviews) or other Posted Content that in the sole judgment of trekaroo violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.

o   You are solely responsible for your ratings and reviews of businesses listed on the Site or Service. trekaroo reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.

o   You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.

o   By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, trekaroo, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute such Posted Content, to prepare derivative works of, or incorporate into other works, and otherwise to exploit such Posted Content (including but not limited to displaying advertisements with such Posted Content). This license is non-exclusive, except you agree that trekaroo (or any successor thereto) shall have the exclusive right to effect this license to the extent of combining your Posted Content with the Posted Content of other trekaroo users for purposes of constructing or populating a searchable database of business reviews, or for providing any other service to trekaroo users that it may offer from time to time.  You irrevocably waive all claims, assertion of moral rights or attribution and all other rights to such Posted Content. You agree that you are not entitled to any compensation from trekaroo for the rights granted herein.

o   The following is a partial list of the kind of Content and communications that are illegal or prohibited on or through the Site and Service. trekaroo reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and Service and terminating the membership of such violators or blocking your use of the Service and/or Site. You may not post Content that:

o  is false or intentionally misleading;

o  is patently offensive to users of the Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

o  harasses or advocates harassment of another person;

o  involves the transmission of unsolicited mass mailing or 'spamming';

o  violates the intellectual property or other rights of any person;

o  promotes illegal activities or conduct that is abusive;

o  is threatening, obscene, defamatory or libelous;

o  is pornographic or sexually explicit in nature; and

o  seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

 

  1. Notice of Copyright Agent.
    trekaroo has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ('DMCA').  The address of trekaroo's designated agent to receive notification of claimed infringement ('Copyright Agent') is provided at the bottom of this section.  It is trekaroo's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those who trekaroo determines to be 'repeat infringers'.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide trekaroo's

 copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed upon;(c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) 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; (f) 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. 

o   trekaroo's copyright agent for notice of claims of copyright infringement on its site can be reached as follows:

 

Copyright Agent, trekaroo, inc.
PO Box 50068, Palo Alto, CA 94303
telephone: 415.309.4467
e-mail: legal@trekaroo.com

 

Privacy.

Please refer to our Privacy Policy, a copy of which is currently located at http://www.trekaroo.com/privacy.htmlprivacypolicy for information on how trekaroo collects, uses and discloses personally indentifiable information from its users.

Term.
These Terms of Use will remain in full force and effect while you use the Site and/or Service. trekaroo may terminate these Terms of Use for any reason, at any time; provided that certain portions of these Terms of Use which by their nature shall survive after the termination hereof shall survive.

Ownership.
The Site and Service (including, but not limited to, text, photographs, graphics, video, audio and all other Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the Site and Service are also copyrighted works. Except for the Content submitted by members or users, the Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by trekaroo or its licensors. You acknowledge that the Site and Service and any underlying technology or software used in connection with the Site and Service constitute trekaroo's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Site, or Service in whole or in part, except as expressly provided herein and in trekaroo's other policies and procedures made available via the Service. Except as expressly and unambiguously provided herein, trekaroo and its licensors do not grant you any express or implied rights to anything contained in the Site or Service by your use of the Site or Service, and all rights in the Site and Service not expressly granted herein by trekaroo to you are retained by trekaroo.

DISCLAIMER.
THE TREKAROO SITE IS PROVIDED BY TREKAROO ON AN 'AS IS' BASIS. TREKAROO AND ITS LICENSORS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE TREKAROO SITE, TREKAROO SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE TREKAROO SITE OR IN ASSOCIATION WITH THE TREKAROO SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TREKAROO AND ITS LICENSORS, AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TREKAROO AND ITS LICENSORS, AFFILIATES AND SUPPLIERS FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE TREKAROO SITE OR TREKAROO SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TREKAROO IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE TREKAROO SITE OR TREKAROO SERVICE. TREKAROO DOES NOT WARRANT OR COVENANT THAT THE SITE OR SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM TREKAROO, THE TREKAROO SITE OR THROUGH OR FROM THE TREKAROO SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY.
TREKAROO SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND TREKAROO'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING √’LINE-NOISE√“ INTERFERENCE). WITHOUT LIMITING THE FOREGOING, TREKAROO, ITS LICENSORS, AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TREKAROO'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO TREKAROO FOR THE TREKAROO SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS 'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.'

Indemnity.
You agree to indemnify and hold trekaroo, its parents, subsidiaries, affiliates, officers and employees, harmless, including for costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the Service, (iii) the violation of these Terms of Use by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Content.
You hereby agree that trekaroo does not control and is not responsible for any content of any third party posted on or otherwise available via the Site or Service.

Miscellaneous.
If there is any dispute about or involving the Site and/or the Service, by using the Site and Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Santa Clara. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind trekaroo in any respect whatsoever. trekaroo may provide you with notices, including those regarding changes to these Terms of Use by email, regular mail or postings on the Site or Service. These Terms of Use, accepted upon use of the Site and Service, and all terms, guidelines and rules referenced herein, contain the entire agreement between you and trekaroo regarding the use of the Site and/or the Service. The failure of trekaroo to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with trekaroo's prior written consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include trekaroo's acceptable use policy for Content posted on the Site, trekaroo's Privacy Policy, and any notices regarding the Site.

Contact and Violations.
Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to legal@trekaroo .com.

Marks.

trekaroo and its logo are the proprietary marks of trekaroo, inc.