TRIPSTR TERMS OF SERVICE
1. Introduction
Thank you for visiting Tripstr and, if applicable, downloading and/or installing our App. Please read these Terms of Service and our Privacy Policy carefully as you must agree to both documents in order to have permission to use our Service.
2. Definitions
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“App” refers to our mobile software application;
“Service” refers to the services that we provide, including our App and our Site;
“Site” refers to our website, www.tripstr.com;
“Tripstr” refers to our company, known as “Recommendation Engines, Inc.”; our Site; our App; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“User” refers to anyone who uses our Service, including users of our App and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Tripstr.
3. How Tripstr Works
Tripstr is an iPhone app that lets Users easily create a photo story of an experience. Users select photos from their device to upload to photo stories, which are then accessible on the Tripstr app or on the web via unique URLs. If the story is shared to the Tripstr community, it is possible for anyone using Tripstr can access the story. Followers are notified when new stories are posted.
Tripstr partners with travel companies to provide the Tripstr iPhone app to their customers. If a customer of our partner clicks a distribution link provided by the partner, they may choose to link their Tripstr account with the partner company. For future photo stories that a User may create, the User may choose to co-brand the photo story they create with the partner brand and/or a redeemable partner offer. If other Tripstr Users view their photo story and redeem advertised partner offers, both the referring User and the redeeming User may receive a reward, at the partner’s discretion.
4. Eligibility
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Tripstr, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
5. Disclaimer
Sharing information such as photographs with third parties reduces your level of privacy. You agree to consider whether using Tripstr is suitable for your purposes, and to release Tripstr from any liability relating to your use of our Service, including for any loss caused by third parties such as other Users.
6. Rules of Use
You must not:
Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Tripstr or its delegates.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Tripstr Site, Service, or its Users’ computers.
Do anything else which could bring Tripstr into disrepute or violate the rights of any person.
7. Payment and Refunds
Payment may be made through our third party payment provider, Stripe. Unless otherwise stated, all prices are listed in United States dollars.
Refunds for our Service may be provided at Tripstr’s discretion, but Users should assume that no refunds will be provided under any circumstances as our Service is an intangible one. If you believe that you are in a situation which warrants a refund, please send full details to hi@tripstr.com.
Additional terms surrounding payment, billing, and refunds may be posted on our Site, within our App, or otherwise communicated to you, and are hereby incorporated into this Agreement by reference.
8. Chargebacks
Where a User conducts a chargeback against Tripstr, such User shall be liable to Tripstr for the full amount of the chargeback, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Tripstr in its enforcement of its rights under this section.
9. Data Charges
The downloading, updating, and use of the Tripstr App may involve the transmission of data over your mobile provider’s network. Such data transmission may be subject to fees, for which you hereby agree Tripstr is not liable. You are advised to review your contract with your mobile provider to ensure that you do not incur any unexpected expenses from using Tripstr.
10. Limited License
The Tripstr App is offered on a licensed basis. By downloading and/or installing our App, you are agreeing to be granted a revocable license to use our Service for your own personal purposes. You agree not to attempt to reverse engineer, resell, copy, or otherwise tamper with or distribute our Service.
We may revoke this license to you at any time without compensation. You agree that upon receiving notice of such revocation, you will make all reasonable efforts to remove any of our proprietary files from your hardware or any hardware under your control.
11. Our Copyright
Tripstr must protect the unique content on its Site and within its App as it distinguishes us from third parties. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information made available through our Service, including content submitted by third parties to Tripstr, without receiving our prior written permission.
12. Your Copyright
Tripstr must be assured that it has the right to use the content that is published through its Service by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Service, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us for the purpose of providing you with our Service. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
13. Trademarks
“Tripstr” is a mark used by us, Recommendation Engines, Inc., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own freelancing website or business.
14. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
15. Copyright & Trademark Infringement
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
Your name.
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our website of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to our Copyright Agent at hi@tripstr.com.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
16. Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content published using our Service. Although we are not liable for defamatory words published through our Service by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at hi@tripstr.com if any of our Users have posted anything that you believe is defamatory.
17. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC
RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING STRIPE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
18. Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
19. Choice of Law
This Agreement shall be governed by the laws in force in the State of North Carolina. The offer and acceptance of this contract are deemed to have occurred in the State of North Carolina.
20. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of North Carolina. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Small Claims Court of the State of North Carolina (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of drafting this Agreement, the monetary jurisdiction of the Small Claims Court is $10,000.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
21. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure
or shortage of infrastructure, shortage of materials, or any other event beyond our control.
22. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Tripstr shall have the sole right to elect which provision remains in force.
23. Non-Waiver
Tripstr reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
24. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
25. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
26. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you to inform you that there has been a change and update this page accordingly. You must read this page each time you are notified of such a change and your continued use of our Service shall constitute your acceptance of any such amendments.
27. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Tripstr must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to hi@tripstr.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
TRIPSTR PRIVACY POLICY
1. Introduction
Thank you for visiting Tripstr and, if applicable, downloading and/or installing our App. Please read our Terms of Service and this Privacy Policy carefully as you must agree to both documents in order to have permission to use our Service.
2. Definitions
Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
“App” refers to our mobile software application;
“Service” refers to the services that we provide, including our App and our Site;
“Site” refers to our website, www.tripstr.com;
“Tripstr” refers to our company, known as “Recommendation Engines, Inc.”; our Site; our App; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“User” refers to anyone who uses our Service, including users of our App and general visitors to our Site;
“You” refers to you, the person who is governed by this Privacy Policy.
3. Information Collected
Identifying Information
We collect certain personal information from you when you sign up to our Service that can be used to identify you, such as your name, e-mail address, company name, payment information, photographs and information contained within said photographs, and any other information that we deem necessary for the purpose of providing you with our Service. The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy.
Non-Identifying Information
Whenever you visit our Site, we may collect non-identifying information from you, such as your IP
address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
4. Use of Your Information
We may use your information to:
Enhance or improve User experience, our Site, or our Service.
Process transactions.
Transfer to another User or other third party with your consent.
Send e-mails about our Site or respond to inquiries.
Send e-mails and updates about Tripstr, including our e-mail newsletter and notifications about amendments to legal documents such as this Privacy Policy and our Terms of Service.
Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.
5. Accessing, Editing, and Removing Your Information
Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
6. Cookies
We use cookies to remember your preferences, as well as to track User behavior using Google Analytics. For this reason, it is necessary that you enable cookies in your browser, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system.
7. Third Parties
7.1 Third Party Websites
Tripstr or its Users may post links to third party websites on our Site or through our App. These third party websites are not screened for privacy or security issues by Tripstr, and you release us from any liability for the conduct of these third party websites.
Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. Tripstr bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.
7.2 Third Party Social Networks
Tripstr permits Users to link their Facebook and/or Twitter accounts with their Tripstr account. If you wish to limit what these third parties share with us, you must adjust your privacy settings with your accounts at these third parties accordingly.
8. Third Party Access to Your Information
Although you are entering into an Agreement with Tripstr to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.
It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
Without limiting the generality of the foregoing, you authorize us to collect, share, store, and otherwise use your information in conjunction with:
Google Analytics
Stripe
9. Release of Your Information for Legal Purposes
At times it may become necessary or desirable to Tripstr, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
10. Commercial and Non-Commercial Communications
By providing information to the Site that forms the basis of communications with you, such as contact information, you waive all rights to file complaints concerning unsolicited e-mails from Tripstr since, by providing such information, you agree to receive communication from us or anyone else covered under this Privacy Policy. However, you may unsubscribe from certain communications by notifying Tripstr that you no longer wish to receive solicitations or information and we will endeavor to remove you from the database.
11. Security Measures
We take certain measures to enhance the security of our Site and Service, including using SSL certificates. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
12. Your California Online Privacy Rights
Tripstr permits residents of the State of California to use its services. Therefore, it is the intent of Tripstr to comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors. You may contact us at
hi@tripstr.com with any questions.
13. International Transfer
Your information may be transferred to—and maintained on—computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Tripstr transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
14. Amendments
We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will e-mail you to inform you that there has been a change and update this page accordingly. You must read this page each time you are notified of such a change and your continued use of our Service shall constitute your acceptance of any such amendments.
Last Modified: August 3, 2016