Terms of Use

(Updated 1st January 2017)

 

General

BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE “TERMS OF SERVICE”) AND THE TERMS AND CONDITIONS OF THE TRIPSICAL PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE TRIPSICAL WEBSITE.

These Terms of Service apply to all users, including both users who are simply viewing the Website and users who are also contributors of content, information, and other materials or services on the Website.

You may use the Website solely for your personal, non-commercial use. You agree that you will not: (a) copy or distribute any part of the Website in any medium without Tripsical’s prior written authorization; or (b) alter or modify any part of the Website in any manner. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you represent and warrant to Tripsical that the information you provide is accurate and complete in all respects. You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you keep your password secure. You agree to notify Tripsical immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tripsical without restriction.

Use of the Website is only available only to individuals who are at least 18 years old. If you are not 18 years old, you are not authorized to use the Website.

Tripsical may, at its sole discretion, modify these Terms of Use at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. These Terms of Use were last modified as of January 1, 2017.

 

Third Party Content

The Website may contain links to third party websites that are not owned or controlled by Tripscal. You acknowledge and agree that Tripsical has no control over such sites and resources, is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third Party Content”). Tripsical shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content.

 

Intellectual Property Rights

Except where otherwise indicated, all material included on the Website, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein, are owned by or licensed to Tripsical, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Website is subject to copyright owned exclusively by Tripsical. Content on the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Tripsical or (in the case of User Submissions (as hereinafter defined), the owner of such User Submission). Tripsical reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

 

User Submissions

Content submitted by users for inclusion on the Website is referred to in these Terms of Service as “User Submissions.” Whether or not such User Submissions are published, they will be subject to these Terms of Use. Tripsical does not guarantee any confidentiality with respect to User Submissions (whether or not published). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all Content included therein), including the right to authorize Tripsical to use the User Submissions in the manner contemplated by the Website and these Terms of Service.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Tripscial, you hereby grant Tripsical an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

Tripsical does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Tripscial reserves the right to remove Content and User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User’s access to its Website for any reason.

Tripsical will not tolerate violations of intellectual property rights on the Website. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights,  you must provide a written communication to the attention of “Tripscal Infringement Notification” via the email link within this Website providing relevant details. You may be liable for damages (including costs and fees) if you materially misrepresent that an activity is infringing your copyright.

 

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT IS PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, TRIPSICAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TRIPSICAL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TRIPSICAL’s SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. MEMBEOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRIPSCIAL WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRIPSICAL WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL TRIPSICAL BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website offered by Tripsical from its facilities in Australia. Tripsical makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

Indemnity

You agree to defend, indemnify and hold harmless Tripsical and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Website.

 

Code of Conduct for Tripsical Users

You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Tripsical. In furtherance, and not in limitation, of the foregoing, you agree not to take any of the following actions in connection with your use of the Website: (i) abuse, harass, threaten, impersonate or intimidate others; (ii) contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; (iii) engage in any activity intended to obtain password, account, or private information from any user; (iv) transmit unwanted email or other communications; or (v) submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content; (vi) take any action that might impose an unreasonable or disproportionately large load on Tripsical’s infrastructure; (vii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (viii) bypass any measures Tripsical may use to prevent or restrict access to the Site; or (ix) participate in any effort that in any way artificially alters the results of any voting or rating mechanism on the Website.

 

Privacy Notice

(Updated 1st January 2017)

BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE “PRIVACY POLICY”) AND THE TERMS AND CONDITIONS OF THE TRIPSICAL TERMS OF USE (THE “TERMS OF USE”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE TRIPSICAL WEBSITE. This Privacy Policy applies to all users, including both users who are simply viewing the Website and users who are also contributors of content, information, and other materials or services on the Website. Please note that any User Submission (as defined in the Terms of Use) becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

Tripsical may, at its sole discretion, modify this Privacy Policy at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. This Privacy Policy was last modified as of 1st January 2017.

 

What Personally Identifiable Information Does Tripsical Collect?

Tripsical collects the following types of personally identifiable information:

 

How Does Tripsical Use Personally Identifiable Information?

Any personal information that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, through a User Submission, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you make a User Submission, and other users can contact you through messages and comments.

If you have not opted out from receiving emails from Tripsical, it may use your email address or other personally identifiable information to send commercial or marketing messages. Tripsical also may use your email address for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes). You cannot opt out of receiving emails for non-marketing or administrative purposes.

Tripsical uses aggregated information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. In addition, Tripsical may use “cookies” clear gifs and log file information to deliver content (which may include third party advertisements) specific to your interests, and remember information so that you will not have to re-enter it each time you visit the Website.

 

Will Tripsical Share Personally Identifiable Information with Others?

Tripsical will not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.

Tripsical may provide personally identifiable information to employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on its behalf. In such circumstances, Tripsical requires that these parties agree to protect the confidentiality of such information and to comply in all respects with this Privacy Policy.

Tripsical may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website and to serve interest-based ads on both the Website and trusted partner applications.

In addition, Tripsical may release personally identifiable information: (i) to the extent it has a good-faith belief that such action is necessary to comply with any applicable law, enforce any provision of the Terms of Use, protect itself against any liability, defend itself against any claims, protect the rights, property and personal safety of any user or protect the public welfare; or (ii) to respond to a court order, subpoena, or search warrant.

 

Third-party Advertisers

Tripsical may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Website. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Website. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This Privacy Policy does not apply to them, and Tripsical cannot control their activities.

Tripsical may use data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender and interests) with Google Analytics. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads via Google Ads Settings. You may also be interested in the Google Analytics opt-out browser add-on.

 

Is My Information Secure?

Tripsical has implemented security measures to protect personally identifiable information collected on the Website against loss, misuse or alteration. In addition, your account information is protected by a password for your privacy and security. It is important that you protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Moreover, despite the precautions described above, Tripsical cannot and does not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted or accidentally disclosed, and it accepts no liability for any unintentional disclosure.

 

In the Event of Merger, Sale, or Bankruptcy

In the event that Tripsical is acquired by or merged with a third party entity, it reserves the right to transfer or assign the information it has collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of Tripsical bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, Tripsical may not be able to control how your personal information is treated, transferred, or used.