TripnTale Terms of Use

By accessing the web site TripnTale (hereafter known as the "Web Site"), a service of Trip and Tale, LLC., you are agreeing to abide by the terms and conditions below:

Rules

» You must be at least 13 years old to use the Web Site.
» The login credentials assigned to you are for personal use only. Changes to your account made by other users are restricted and you are therefore responsible for keeping secret your login credentials.
» Harassment, abuse, impersonation, intimidation and threats made through the Web Site are strictly prohibited.
» All users are bound by applicable local laws, including laws regarding pornography and copyright. It is up to individual users to determine for what purposes use of the Web Site would be illicit and illegal in his/her jurisdiction.
» All digital information that is uploaded by you to the Web Site, such as images, text, and video, is your responsibility. Therefore, TripnTale cannot be held responsible for user content, and you are using the Web Site at your own risk.
» Commercial uses of the Web Site by free accounts are not allowed. Generic image hosting services exist, but the Web Site is not one of them. Additionally, all types of accounts, (including Pro accounts) on the Web Site cannot be used to send unsolicited commercial email ('SPAM').
» Unauthorized attempts to infiltrate the Web Site electronically for the purposes of changing some part of the service are actively monitored and are prohibited. This includes, but is not limited to, 'cross-site scripting,' 'worms,' 'viruses,' and 'trojan horses.'
» Attempts to impersonate any staff of TripnTale or the Web Site are not allowed. You may not create web sites that closely resemble the Web Site for the purposes of deceiving visitors into believing that unaffiliated sites are part of the Web Site.
» The Web Site is intended for hosting digital photographs; therefore, uploading non-photographic images is prohibited.
» You may not reproduce, duplicate, copy or resell any part of the Web Site or access to it.

If you do not comply with all of the above rules, your access to the Web Site may be terminated. Additionally, you agree to the following Conditions:

» TripnTale reserves the right to change or terminate the Web Site at any time, for any reason.
» TripnTale may refuse access to the Web Site to anyone for any reason at any time.
» These Terms of Service may be changed by TripnTale at any time, at its discretion, at which time such changes will be reflected on this page. It is your responsibility to be aware of changes made and to remain in compliance with these changes.
» Any part of the Web Site, including media uploaded by users, may be altered at any time for any reason.
» By visiting TripnTale.com, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and TripnTale.
» 'Hotlinked' photos, which are images hosted on the Web Site but used on unaffiliated web pages, are allowed, but the image itself must link back to its respective page on the Web Site. TripnTale is not responsible for ensuring that all hotlinks to the Web Site function properly.
» We reserve the right to make changes to our site, policies, and these Terms of Use at any time. Should you object to any terms and conditions of these Terms of Use or any subsequent modifications thereto or become dissatisfied with TripnTale in any way, your only recourse is to immediately: (1) discontinue use of TripnTale and (2) terminate your TripnTale subscription help@TripnTale.com. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

If you do not agree to any of the above conditions, you are prohibited from using the Web Site.

If you believe your intellectual property has been used or displayed in a way that violates your rights, please contact abuse@tripntale.com and include the following information:

» A signature of the entity authorized to act on behalf of the copyright owner of the work in question.
» A description of the location of the infringement on the Web Site.
» Your address and telephone number.
» A statement that the complaint is warranted in a good faith belief that the work's appearance is not a fair use exception.
» A statement that the above information in your complaint is accurate and that you are the copyright holder or you are authorized to act on behalf of the copyright holder.

Nudity

TripnTale must remain a safe site for families with children, so we prohibit the uploading and display of photographs or other Media portraying explicit nudity that would be unacceptable in a public museum where minors visit, for example. If your photos would only be suited for adult sites, adult magazines, or R-rated movies, they are not suitable for TripnTale.

Judgement of suitable Media is the sole discretion of TripnTale, and TripnTale reserves the right to delete any photographs or other Media it deems to violate this policy and/or to cancel the account of any subscriber who posts photos or other Media violating this policy.

disclaimer of warranties and limitation of liability

THIS SITE IS PROVIDED BY TripnTale ON AN "AS IS" AND "AS AVAILABLE" BASIS. TripnTale MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TripnTale DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, TripnTale DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TripnTale ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL TripnTale BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE TripnTale WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TripnTale WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE TripnTale WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TripnTale WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. TripnTale CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

license granted by users

TripnTale does not claim ownership in the photographs, videos or other media created or uploaded by Subscribers ("Media"). TripnTale will not resell Media to third parties. Unless we indicate otherwise, if you upload Content, including any Media, to the TripnTale site, you grant TripnTale a nonexclusive, royalty-free right to publish, distribute and display the Content as we deem appropriate in providing the Services authorized or requested by you, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely.

You represent and warrant that you own or otherwise control all of the rights to the Content (including without limitation Media) that you post; that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify TripnTale for all claims resulting from Content you supply. TripnTale has the right but not the obligation to monitor and edit or remove any activity or Content. You understand and agree that TripnTale takes no responsibility and assumes no liability for any Content posted by you or any third party.