Touristrips Terms and Conditions
1. ACCEPTANCE OF TERMS
Your use of this Website, located at https://touristrips.com/, is subject to your irrevocable acceptance without modification of these Terms and Conditions of use (the “Terms”) and you agree to use this Website in accordance with and subject to these Terms. The Terms as set out hereunder constitute the entire agreement between you and Touristrips (“Touristrips”). By accessing any part of this Website, you consent to be bound by these Terms and re-affirm that agreement every time you use this Website. If you do not read or accept any part of these Terms, do not use this Website. Violating these Terms may lead to your membership being terminated and exclusion from this Website in the future. These Terms are applicable to all pages and areas of the site, publicly visible or otherwise.
See Touristy.com privacy terms in Privacy
3. REGISTRATION & RESPONSIBILITIES
3.1 When you register for this Website, you agree to submit only honest, true, accurate, complete and current information about yourself, including your correct name, (email) address or any other details that are requested of you by Touristrips.
3.2 Touristrips reserves the right to reject any registration and if any of the information you have submitted proves inaccurate, can do so without any further notice.
3.3 Users of this Website will maintain their own password protected area of the site and are responsible for any acts that happen and/or information that is posted there and agree that this will comply with these Terms. Users of this Website agree to keep their login password confidential.
3.4 Users of this Website agree that they will not delete or change in any way any information already posted on this Website by any other person than themselves. Without limiting the foregoing, Touristrips may appoint selected members as Moderators and assign to them the right to modify, edit or delete information posted on Touristrips which is not in compliance with these Terms.
4. CAUTION WHEN INTERACTING WITH OTHER MEMBERS
Users of Touristrips should use caution when interacting with other members through all areas of the site. Users of Touristrips understand that any information, tips or advice offered by any other users or members through the site are not the view of Touristrips. The information provided is not necessarily correct and represents only one persons view.
Users and members should use extreme caution when contacted by other users or members to meet in person or travel together. There is no guarantee that any of the information they provide is accurate or true. Touristrips strongly discourages users and/or members to meet up with other users and/or members alone or to meet in places and/or areas other than public ones with other friends, travellers and people nearby.
IF YOU DECIDE TO MEET WITH OTHER MEMBERS OR USERS OF Touristrips YOU DO SO AT YOUR OWN RISK.
5. USER CONDUCT
You agree that you will not use this Website to:
- submit, post, upload or otherwise transmit any content that is unlawful, defamatory, libelous, abusive, tortuous, harassing, threatening, vulgar, obscene, pornographic, or otherwise indecent or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
- submit, post, upload, or otherwise transmit any content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights;
- submit, post, upload or otherwise transmit any content that contains viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
- submit, post, upload or otherwise transmit any content that is of consistently poor quality or that is deemed inappropriate as determined at the sole discretion of Touristrips editors;
- submit, post, upload or otherwise transmit any content that would be against your employers regulations, rules or will.
- advertise or offer to sell any goods or services for any commercial purpose;
- conduct, display, or forward surveys, contests, pyramid schemes, “spam” or chain letters;
- impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
- intentionally inflate product or member ratings for the purposes of falsely representing the quality of any product or member on the site;
- falsify or delete any attributions, legends or other proprietary designations of the origin or source of software or other Website Content appearing on this Website or contained in a file that is uploaded;
- harm minors;
- stalk or harass another individual;
- collect or store personal data about other members; or
- violate any applicable local, state, federal, or international law or regulation.
You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to copy any of the Web pages, data or content from this Website. In the case you are unsure if this applies to you, please obtain written permission from Touristrips prior to publishing such content elsewhere.
6. MISUSE AND TERMINATION
6.1 Touristrips reserves the right to remove any member account, including but not limited to all trips, travel maps, forum posts, blog and diary postings, and any other member related information for any of the offenses listed under term 5 or for any other reason at Touristrips’s sole discretion.
6.2 Each member acknowledges that Touristrips is entitled to withdraw any information if Touristrips feels that it is meant to bring Touristrips in disrepute.
6.3 In the case you violate these Terms, Touristrips has the right to terminate your account and refuse you access and membership to this Website without any further notice. In the case of a serious violation, Touristrips may also file suit against you for business interference or any other appropriate legal theories. In these cases Touristrips will seek compensation from you for lost revenue and any potential damage to Touristrips’s reputation caused by your actions.
6.4 If you are aware of any possible misuse of this Website or any other actions or content which might be in breach of these Terms, please contact us.
You agree to indemnify, defend and hold harmless Touristrips, its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney’s fees) arising from your failure to comply with these Terms, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, Member Content provided by you or from your violation of any applicable law.
8. DISCLAIMER OF WARRANTIES
Your use of Touristrips is at your sole risk. All Touristrips services are provided on an “AS IS” basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
9. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER Touristrips NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO (A) YOUR USE OR INABILITY TO USE THIS WEBSITE, (B) YOUR RELIANCE ON WEBSITE CONTENT, AND (C) ANY GOODS, SERVICES OR OTHER WEB SITES ADVERTISED ON THIS WEBSITE, EVEN IF Touristrips OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Touristrips, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
10. LINKS AND ADVERTISEMENTS
Touristrips, as well as third party ad servers displayed on Touristrips, may provide links and advertisements to other Websites which are not under the control of, or which are not maintained by, Touristrips. The links to any such third party Websites are provided for your convenience and information only. If you access these Websites you do so at your own risk. Touristrips is not responsible for the content of those Websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content. The fact that a Website is linked to Touristrips does not imply any endorsement or sponsorship by Touristrips of that Website or that Touristrips is affiliated in any way with the third party operating that third party Website.
Products and services offered for sale or advertised, and other information found on Touristrips, may be the products, services and information of third parties. Third party products and services are not provided by Touristrips. Touristrips provides an interactive environment in which users who are interested in sourcing products or services may find information about them on Touristrips. If you purchase third party products and services, your legal relationship will be with the third party supplier and not with Touristrips. You must check with any third party supplier as to the terms of provision of such products and services and the costs and charges involved. Touristrips may receive fees or commissions from third parties for such products and services. Touristrips makes no representations about the accuracy or suitability of the information provided on Touristrips. The information is provided ‘as is’ without express or implied warranty. You use the information at your own risk and therefore agree to indemnify Touristrips against any security breaches or any other problems that arise from payments through third party sites. Touristrips does not control the legality, quality, safety or timeliness of any product or service that is purchased as a result of the use of information contained on Touristrips.
11.1 Touristrips reserves the right to change the functionality of this Website. Touristrips may add, delete or stop offering content, functions and/or any other part of this Website at it’s own discretion at any time.
11.2 Touristrips reserves the right to change these Terms and Conditions from time to time. The Terms and Conditions governing your use are based on what is in effect at your time of use. The new Terms and Conditions will be posted on this page. These Terms and Conditions were last modified on the date listed below this text window.
12. INTELLECTUAL PROPERTY
12.1 By submitting material and content to Touristrips, you are acknowledging that you are fully entitled to do so and that the material is your own or you own the rights to use that material.
12.2 By submitting material and content to Touristrips, you are granting Touristrips a non-exclusive, royalty-free, non-terminable licence right to copy, modify, show in public and create derivative works from that material in any form, anywhere. You will not be paid for granting Touristrips these rights. Touristrips does not claim ownership of any content you have uploaded.
12.3 All copyright, trademarks, and any other intellectual property rights in and relating to this Website, are licensed to or owned by Touristrips. As a user or member of Touristrips you agree not to copy, re-use or embed any information, whether belonging to Touristrips or owned by third parties affiliated to Touristrips, found on Touristrips without the written consent of Touristrips. You are not permitted to incorporate Touristrips pages in framesets on your site without notifying visitors of your site that the ownership of the information lies with Touristrips.
12.4 Touristrips agrees not to sell any content uploaded by members, without express prior permission from that member.
13. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
14.1 Failure by Touristrips to enforce any of the Terms of this agreement does not mean those Terms or any of the other Terms in this agreement are waived.
14.2 The relationship between you and Touristrips is not one of agency or partnership and you will not be deemed to be a partner, employee, agent or representative of Touristrips by your use of this Website. Touristrips reserves the right to assign or subcontract any or all of its rights and obligations under this agreement. You may not assign, dispose of or transfer your rights to any third parties without the written consent of Touristrips.
14.3 The headings in these Terms and Conditions are only for convenience and not for interpretation.
14.4 Users of this Website agree that by posting any information or submitting any data to this Website, they are of an age to understand these Terms and any implications these might hold for them.
“Touristrips” is a private trademark. You agree not to display or use in any manner any marks of Touristrips without Admin’s prior permission. Third party trademarks, service marks, logos and trade names appearing on the Web-site are the property of their respective owners.
These Terms and Conditions are severable. If ever any of these provisions is deemed to be unenforceable or invalid, such a provision will be enforced to the maximum permitted by applicable law. Such a provision will not affect the validity and enforceability of any other remaining provisions.
17. CHOICE OF LAW
These Terms and Conditions shall be governed and interpreted according to Portuguese law. As such any disputes arising from this site will fall under the jurisdiction of Portuguese law and they have full and exclusive jurisdiction to resolve any issues arising from it.
If you have any questions, please contact Avelino Lopes (trading as Touristrips), Rua Luisa, 20, 2460-894 Turquel, Portugal, or use our contact form. If you feel these Terms and Conditions have been breached in any way by one of the Touristrips users, please do not hesitate to contact us.
Last updated January 14th 2020
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