Tripian, Inc. is pleased to make its Service, as described below, available to you on the following terms and conditions (“Terms of Service” or “Terms”). The Terms of Service are a legal contract between the individual using the Service (“you”) and Tripian, inc. (“tripian,” “we,” “us,” or “our”). Your access to and use of the service is expressly conditioned on your agreement to and compliance with the terms of service. By clicking “i agree,” accessing, browsing, or using the service, you acknowledge that you have read and agree to be bound by the terms of service. Subject to your compliance with all terms and conditions herein, tripian grants you permission to use the service as set forth in the terms.
Parties: “you” and “your” refer to you, as a user of the site. A “user” is someone, a traveler or a curator, who accesses, browses, crawls, scrapes, or in any way uses the site. “we,” “us,” and “our” refer to tripian (the owner and operator of tripian, tripian.com, which will be referred to in the remainder of this document as “tripian”]. B. Content: “content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “your content” means content that you submit or transmit to, through, or in connection with the site, such as itineraries, ratings, reviews, messages, photos, and information that you publicly display or is displayed in your account profile. “user content” means content that users submit or transmit to, through, or in connection with the site. “tripian content” means content that we create and make available in connection with the site. “third party content” means content that originates from parties other than tripian or its users, which is made available in connection with the site. “site content” means all of the content that is made available in connection with the site, including your content, user content, third party content, and tripian content.
- Changes to the terms of service
We may modify the terms from time to time. The most current version of these terms will be located here. You understand and agree that your access to or use of the site is governed by the terms effective at the time of your access to or use of the site. If we make material changes to these terms, we will notify you by email or by posting a notice on the site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new terms. You understand and agree that your continued access to or use of the site after the effective date of modifications to the terms indicates your acceptance of the modifications.
- Services description
The service is a self-guided travel itinerary planning service for $5 per city offered on the website, for trips in selected cities. Tripian provides self-guided itinerary suggestions and hand-picked points of interest based on the request submitted by the user. Tripian is not an operator of tours, activities, nor is it a provider of tours or activities, and tripian does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Tripian’s responsibilities are limited to providing a day-by-day travel itinerary for the user’s requested city.
You understand and agree that tripian is not responsible for any damages and disclaims all liability that may result in following tripian’s itinerary recommendations. The partaking of any experiences recommended by tripian are at the traveler’s own risk.
Tripian assumes no responsibility for the traveler’s compliance with any applicable laws, rules and regulations. Tripian recommends that curators and travelers obtain appropriate insurance. Please review any insurance policy that you may have for your travel carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
While tripian makes every effort to ensure information provided is accurate and up-to-date, the traveler is ultimately responsible for checking their itinerary and making sure that suggested routes, addresses, opening times, and other information is accurate.
Recommendations: please be advised that recommendations given by tripian are based on the opinions of selected individuals who partner with tripian and share their advice. Tripian relays their knowledge of the establishments and makes no guarantee about the suitability or availability of the recommendations.
Tripian also provides a platform to share travel content, as well as itinerary planning tools. Tripian cannot and does not control the content shared on the site. Tripian reserves the right, at any time and without prior notice, to remove or disable access to any profile for any reason, including profiles that tripian, in its sole discretion, considers to be objectionable for any reason, in violation of these terms or otherwise harmful to the services.
- Refund policy
Once a user purchases a city or cities, any fees paid are non-refundable. Tripian does not guarantee the suitability or availability of recommendations, and therefore is under no obligation to issue refunds for these reasons.
- Username and password. You must register for an account in order to use some features of the service. You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the service. You must not to disclose your password to any third party. You are solely responsible for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your username or password.
- Connecting your account. By connecting the service with a third-party service (such as twitter or facebook), you give us permission to access and use your information from that service as permitted by that service, store your log- in credentials for that service, and post information on your behalf through the service.
- Accuracy. You must provide true, accurate, current, and complete information about yourself as requested by any form you complete as part of the process of registering for the service and/or setting up your account. If any information provided by you is untrue, inaccurate, not current, deceptive, misleading, or incomplete, we reserve the right to terminate your account and refuse any and all current or future use of the service. You are responsible for keeping your account information current and accurate; we will have no liability for failure to deliver notices that result from inaccurate account information.
- Other services and resources
You may be informed of or receive access to third party services, products, offers, promotions, features, websites, resources, information and the like (referred to herein as “others’ services”), through links, postings, articles, or other elements of the service. For example, the service may include information about tour providers, french bakeries, other online travel and information tools, hotels, museums, italian pizzerias, and other products or services online and offline which tripian itself does not own or control. You acknowledge and agree that we are not responsible for the availability, quality, or performance of others’ services, and we do not recommend or endorse and are not responsible or liable for any content, advertising, representations, opinions, advice, services, products, or other materials that you may receive through such others’ services. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from this site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.
- Third party transactions and fees
The providers of others’ services referenced on the service are not agents or employees of tripian. Tripian is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such provider of others’ services or from any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Your relationship with providers of others’ services may be governed by separate terms and conditions as established by each provider of others’ services, and when you use, purchase, or receive any others’ services, even when you do so through the tripian service, your relationship is directly with the third party provider. It is your responsibility to understand and abide by all payment obligations, privacy policies, and other terms and conditions that apply to any others’ services you elect to use, purchase, or receive. You agree that we will have no liability for any claims, losses or damages arising out of or in connection with your use of any others’ services, even if we have referred you to the particular third party, and you will indemnify us and hold us harmless against any claims arising out of or relating to your use, purchase, or receipt of others’ services, your acts or omissions, or your breach of any terms or conditions applicable thereto.
You are solely responsible for your dealings with any provider of others’ services, as well as any internet service provider, wireless carrier, telecommunications company, or other carrier or similar service provider in connection with your use of the service, and for paying any fees or other amounts charged by any such provider(s) in connection with such use.
If you have a dispute with a provider of others’ services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a california resident, you waive california civil code §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.”
- Billing & payment
The following terms govern purchases made through the tripian service from tripian.
- Payment methods. Tripian accepts payments through payment methods detailed on the applicable payment screen. You agree that tripian may, in its discretion, aggregate your accepted purchase offers over a period not to exceed seven (7) days, and process all charges for the relevant period to your payment instrument in a single transaction. Tripian does not accept payment forms other than those specified on the applicable payment screen. You agree to pay for goods and services that you purchase through the service and you agree that we may charge your selected payment instrument for any such payments.
- Taxes. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. To the extent tripian is obligated to collect such taxes, the applicable tax will be added to your billing account.
In addition to goods or services from tripian, the tripian service may also include goods or service for purchase within the tripian service from third parties. Section 7 above provides more information about these others’ services, and you acknowledge that you are solely responsible for reviewing all applicable terms related to others’ services. Others’ services may include travel and other products and services that may be non-refundable or require additional fees to reschedule or change. Please make sure you understand the applicable terms before making any purchases.
- Disclaimers and limitations of liability
Please read this section carefully since it limits the liability of the tripian entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the site. By accessing or using the site, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms. The site is made available to you on an “as is”, “with all faults” and “as available” basis, with the express understanding that the tripian entities may not monitor, control, or vet user content. As such, your use of the site is at your own discretion and risk. The tripian entities make no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, the tripian entities are not liable to you for any loss or damage that might arise, for example, from the site’s inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business recommendations, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the site. The tripian entities make no claims or promises with respect to any third party, such as the businesses or curators listed on the site or the site’s users. Accordingly, the tripian entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or curators listed or featured on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk. The tripian entities expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the tripian entities shall create a representation or warranty. Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the site. The tripian entities’ maximum aggregate liability to you for losses or damages that you suffer in connection with the site or these terms is limited to the greater of (i) the amount paid, if any, by you to the tripian entities in connection with the site in the 12 months prior to the action giving rise to liability, or (ii) $100. The tripian entities disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
You may provide tripian with information and feedback regarding the features and performance of the service, including reports of failures, errors, or other malfunctions you encounter on the service along with any associated error messages (the “feedback”). Feedback provided to tripian may be used by tripian to improve the service, and accordingly, you hereby grant tripian a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such feedback without restriction.
- Tripian property
Your rights with respect to the service are limited to those rights expressly granted in the terms of service. You acknowledge and agree that tripian and its licensors own all right, title, and interest in and to the service (including all content comprising the service), including all intellectual property rights therein, even if tripian or its licensors incorporate any submissions into subsequent versions of the service. The service is protected by copyright, trademark, trade secret, and other laws of both the united states and foreign countries. Except as expressly permitted in the terms of service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the service, including without limitation any information or other content provided through the service.
The content of the service includes copyrighted materials, trademarks, trade secrets, and other proprietary information and content, which may include, without limitation, personal information of tripian users, text, software, photos, video, audio visual recordings, graphics, music and sound. All content comprising the service and subsets thereof are also protected by copyright as collective works. Tripian owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to tripian. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any content contained on the service.
- General prohibitions
You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with yours (or there) use of the service:
- Circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the service;
- Engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses, travel plans or itineraries, events schedules, attraction information, other contact or personal information, or other content, or any other automatic means of obtaining lists of users or other information or content from or through the service, including without limitation any information residing on any server or database connected to the service;
- Copy, modify or distribute the computer code used to generate web pages on the service;
- Access, tamper with, or use non-public areas of the service, our computer systems, or the technical delivery systems of our providers;
- Probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
- Access or search the service with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by tripian or other generally available third party web browsers;
- Send unsolicited email, bulk email, junk mail, “spam” or chain letters, or promotions or advertisements for products or services, including without limitation those which are designed to promote, directly or indirectly, a product or service with which you have a business relationship or other commercial connection;
- In any way use the service to send altered, deceptive or false source-identifying information;
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide the service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the site or any other portion of service;
- Impersonate or misrepresent your affiliation with, or your lack of affiliation with, any person or entity;
- Use the service in violation of tripian’s or any third party’s intellectual property or other proprietary or legal rights;
- Use the service in violation of any applicable law;
- Provide submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- Upload, post, email, transmit or otherwise make available submissions that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Termination of use
If you violate any of the terms of service, your permission to use the service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the service, and any account(s) you may have in connection with the service: (i) for any reason or no reason at all; (ii) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of tripian or any third party; or (iii) in connection with any general discontinuation of the service. We also reserve the right to modify the service at any time without notice to you. We will have no liability whatsoever on account of any change to the service or any suspension or revocation of your access to or use of the service. You may terminate this agreement, and your account, at any time by contacting customer service at email@example.com.
You agree that you will be personally responsible for your use of the service, and you agree to defend, indemnify and hold harmless tripian and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “tripian entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the service; (ii) your violation of the terms of service or any representation, warranty, or agreements referenced herein; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim or allegation of a third party that tripian has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and (v) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- The service provided as is
The service is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. The tripian entities specifically (but without limitation) disclaim (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement; (ii) any warranties arising out of course-of-dealing, usage, or trade; (iii) any warranties that the content, information or results provided in, or that may be obtained from use of, the service will meet your requirements or be accurate, reliable, complete, or up-to-date; and (iv) any warranties whatsoever regarding any products, services, content, information or other material advertised, made available, or referred to you through the service. You assume all risk for all damages, including damage to your computer system or loss of data that may result from your use of or access to the service. Any content, materials, information or software downloaded, used or otherwise obtained through the use of the service is done at your own discretion and risk.
All advice or information, whether oral or written, is provided “as is” and no advice or information whether oral or written obtained from the tripian entities or through the service, will create any warranty. Inclusion of information on the service is for reference purposes only and does not constitute an endorsement of quality, reliability, or any other attribute of the subject of the information, the information itself, or the source of the information.
The tripian entities are not responsible for any decisions you make based upon the service or any information or content available through the service, including your itinerary and the shops, attractions, restaurants, bars, airlines, hotels, transportation providers, and any services provided by a third party you elect to purchase, visit, rent, view, or attend based on materials or content available through the service. The tripian entities assume no liability or responsibility for any errors or omissions in the service or any information or content on or available through the service, and make no commitment or warranty to correct any such errors or omissions or update or keep current the information or content contained in the service. It is your responsibility to verify that this information or content is suitable for your purposes.
Some jurisdictions do not allow the exclusion of certain warranties in some circumstances. Accordingly, some of the above limitations may not apply to you.
- Contact information
If you have any questions regarding the terms of service or the service, please contact us at firstname.lastname@example.org or by mail at:
2534 State Street Suite 483
San Diego, CA 92101