3. Registration and Security.
4. Use of the Site and Service by Members.
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 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.
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
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.
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.
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.'
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.
Contact and Violations.
trekaroo and its logo are the proprietary marks of trekaroo, inc.