TripCart : Terms Of Use

TripCart's Terms of Service

1. Your Acceptance

BY USING OR VISITING THIS WEBSITE (together with all Content (as defined below) available through the tripcart.com domain name and other sites owned, operated or controlled by TripCart, Ltd. or affiliates, the "Website"), YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS OF SERVICE (the "Terms of Service"), (2) TRIPCART'S PRIVACY POLICY . These Terms of Service apply to all users of the Website. If you do not agree to these Terms of Service or the Privacy Policy then please do not use the Website.

2. Links

The Website may contain links to third party websites that are not owned or controlled by TripCart. TripCart is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TripCart will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release TripCart from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

A. TripCart hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without TripCart's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms of Service.

B. In order to obtain some services of the Website, you will have to create an account and include an email address. You may never use another person's account without their permission. You are responsible for the activity that occurs on your account and must notify TripCart of any unauthorized use of your account.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the TripCart servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. TripCart reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).

D. TripCart has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

4. Intellectual Property Rights

The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and any other content on the Website ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to TripCart. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without TripCart's prior written consent. TripCart reserves all rights not expressly granted in and to the Website. 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.

TripCart, the TripCart logo, the TripCart license plates and other marks are trademarks and/or service marks of TripCart or its affiliates. All other trademarks, service marks, and logos used on our Website are the trademarks, service marks, or logos of their respective owners.

5. User Submissions

A. The Website may permit the submission of Content by you and other users ("User Submissions") and the hosting, sharing and publishing of such User Submissions. You understand that whether or not such User Submissions are published, TripCart does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize TripCart to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms of Service; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as 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 TripCart, you hereby grant TripCart a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and TripCart's (and its successor's) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions. You may terminate the license by removing the User Submission from the Website.

C. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant TripCart all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage TripCart or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. TripCart does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TripCart expressly disclaims any and all liability in connection with User Submissions.

D. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that TripCart is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against TripCart with respect thereto, and agree to indemnify and hold TripCart, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

6. Copyright and Content Policy

TripCart respects the intellectual property rights of others, and requests you to do the same. TripCart does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TripCart will remove all Content if properly notified that such Content infringes on another's intellectual property rights. TripCart reserves the right to remove Content without prior notice. TripCart will also terminate a User's access to the Website, if they are determined to be a repeat infringer. TripCart may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

If you believe that your Content has been used in a way that constitutes copyright infringement, please provide TripCart's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3. a description of where the material that you claim is infringing is located on the Website, including the URL;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

TripCart's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Elliot Cohen

7 HaTaasiya Street

Raanana, Israel

By phone: +972-9-748-8747

By fax: +972-9-741-3671

By email: copyright_tripcart@tripcart.com

TripCart permits you to link to materials on the Website for personal, non-commercial purposes only. TripCart reserves the right to discontinue or modify any aspect of the Website at any time.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRIPCART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TRIPCART MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. TRIPCART DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITEOR FEATURED IN ANY ADVERTISING, AND TRIPCART 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.

8. Limitation of Liability

IN NO EVENT SHALL TRIPCART, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRIPCART IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT TRIPCART SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO TRIPCART FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

9. Indemnity

You agree to defend, indemnify and hold harmless TripCart, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

10. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms of Service, and to comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.

11. Assignment

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

12. General

These Terms of Service, the Privacy Policy and the relationship between you and TripCart are governed by and construed in accordance with the laws of the State of New York , without regard to its principles of conflict of laws. You and TripCart agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in New York, New York and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms of Service, together with the Privacy Policy at www.tripcart.com/PrivacyPolicy.aspx and any other legal notices published by TripCart on the Website, shall constitute the entire agreement between you and TripCart concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TripCart reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TRIPCART AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TRIPCART WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Photo submission guidelines and terms of Agreement

Please only submit your photos if you agree with these guidelines and terms of this Agreement. If you click “Yes”, this means that you understand and agree to these terms.

TripCart very much appreciates the submission of your photos. TripCart claims no ownership, affiliation with, or endorsement of any photos that you submit. You agree to give TripCart and its affiliates and partner sites a non-exclusive, irrevocable license to use, copy, display, distribute and modify your photos. TripCart values your privacy -- please read our privacy policy. If the photos do not meet the terms below, TripCart reserves the right to take the photos down.

Family-friendly

You may not submit any photos that are vulgar, pornographic, obscene, illegal, offensive, insulting, objectionable or otherwise not family-friendly.

Original

You represent that you took the photo or are otherwise the owner of the photo. You have not taken the image from another source. The photo does not infringe any copyright, trademark or other right of a third party.

Safe files

The photos that you submit are not contaminated or infected with a virus or any other corruption that is either intended or may result in damage to the computers and systems of TripCart and/or its users.

Assignment

We may transfer our rights to another company which purchases or succeeds to our business.

Last updated: March 19, 2007.