End User License Agreement



What this Agreement covers

This agreement covers TripHax's treatment of personally identifiable and other information that TripHax collects and receives, including information related to your past use of TripHax products and services. “Data” and “information” includes information about you that is personally identifiable, such as your name, address, email address or phone number, and that is not otherwise publicly available. Where applicable, we explicitly point out the use of personally identifiable data within our privacy policies. All other data is anonymous to us or is used pseudonymously.

This agreement also provides information about cookies, TripHax's and third parties' use of cookies, and how you can disable such cookies.

This agreement does not apply to the practices of companies that TripHax does not own or control, or to people that TripHax does not employ or manage.

This agreement defines the terms and conditions for each user of the TripHax services.

Basic Terms

TripHax users must be at least 18 years old to use the TripHax services. In countries where a person is considered an adult at an age greater than 18 we expect our users to be at least the age that allows them to be considered adults.

TripHax users may not post nude, partially nude, violent, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

TripHax users are responsible for any activity that occurs through theirs account and they agree they will not sell, transfer, license or assign our users accounts, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, TripHax prohibits the creation of and our users agree that they will not create an account for anyone other than themself. User also represent that all information he/she provides or provided to TripHax upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

TripHax users agree that they will not solicit, collect or use the login credentials of other TripHax users.

TripHax users are responsible for keeping their password secret and secure.

TripHax users may not use the Service for any illegal or unauthorized purpose. Our users agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to their use of the Service and their Content (defined below), including but not limited to, copyright laws.

TripHax users must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and users must not post private or confidential information via the Service, including, without limitation, their or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

TripHax users are solely responsible for their conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that users submit, post or display on or via the Service.

TripHax users must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or TripHax.

TripHax users must not access TripHax's private API by any means other than by using the official TripHax app.

TripHax users must not use domain names or web URLs in your username without prior written consent from TripHax.

TripHax users must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any TripHax users.

TripHax users must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. Our users may not inject content or code or otherwise alter or interfere with the way any TripHax page is rendered or displayed in a user's browser or device.

TripHax users must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

TripHax users must not attempt to restrict another user from using or enjoying the Service and our users must not encourage or facilitate violations of these Terms of Use or any other TripHax terms.

Violation of the above may, in TripHax's sole discretion, result in termination of the user's TripHax account. Our users understand and agree that TripHax cannot and will not be responsible for the Content posted on the Service and Our users use the Service at their own risk. If our users violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for TripHax, we can stop providing all or part of the Service to you.

General Conditions

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your TripHax account by logging into the Service and completing the form available here: https://www.triphax.org/users/remove/request. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).

Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

We reserve the right, in our sole discretion, to change this End User License Agreement ("Updated EULA") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated EULA become effective. You agree that we may notify you of the Updated EULA by posting them on the Service, and that your use of the Service after the effective date of the Updated EULA (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated EULA. Therefore, you should review this Updated EULA before using the Service. The Updated EULA will be effective as of the time of posting, or such later date as may be specified in the Updated EULA, and will apply to your use of the Service from that point forward. This End User License Agreement will govern any disputes arising before the effective date of the Updated EULA.

We reserve the right to refuse access to the Service to anyone for any reason at any time.

We reserve the right to force forfeiture of any username for any reason.

We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these End User License Agreement

TripHax users are solely responsible for their interaction with other users of the Service, whether online or offline. You agree that TripHax is not responsible or liable for the conduct of any user. TripHax reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. TripHax does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that TripHax is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if TripHax has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the TripHax Parties (defined below) harmless for activity related to the Application.

You agree that you are responsible for all data charges you incur through use of the Service.

We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with TripHax's express consent).

Rights

Although it is TripHax's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, TripHax reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by TripHax, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, TripHax encourages you to maintain your own backup of your Content. In other words, TripHax is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. TripHax will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

You agree that TripHax is not responsible for, and does not endorse, Content posted within the Service. TripHax does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

Reporting Copyright and Other IP Violations

We respect other people's rights, and expect you to do the same

If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

Information collection & use

TripHax (as data controller) collects personally identifiable information when you register for a TripHax account, when you use the TripHax application, when you enter promotions or competitions and when you visit TripHax pages or the pages of certain TripHax partners outside the branded TripHax network of websites. TripHax may combine information (including personally identifiable information) about you that we have with information that we obtain from business partners or other companies.

When you register with TripHax, we ask for personally identifiable information such as your name, email address, and gender.

TripHax collects information about your transactions with us and with some of our business partners.

TripHax also automatically receives and records information on our server logs from your browser or the TripHax applicarion including your IP address, TripHax cookie information, software and hardware attributes, and the page that you requested. Once you register with TripHax and sign in to our services, you are no longer anonymous to us and your usage data will be connected to your account.

TripHax uses your information (including anonymous and pseudonymous information, as well as personally identifiable information) for the following general purposes: to personalise the advertising and content that you see, fulfil your requests for our services, improve our products and services, contact you, conduct research and provide anonymous reporting for internal and external clients.

Data transfer

Your personal information may be transferred to countries other than your own, especially to servers in Europe, to process and store data in accordance with this agreement and to provide you with products and services. Some of these countries may not have the same data protection safeguards as the country where you reside. By using our products and services, you consent to us transferring your data to these countries. We are committed to ensuring that your information is protected and we apply safeguards in accordance with applicable law. You can find more information about this in the Data transfer topic.

Information sharing & disclosure

TripHax does not rent, sell or share information about you (including personally identifiable information) with other people or non-affiliated companies, except to provide products or services that you have requested, when we have your permission or in the following circumstances:

TripHax displays targeted advertisements based on anonymised or pseudonymised data and information, and TripHax may also display targeted advertisements based on personally identifiable information. Advertisers (including ad-serving companies) may assume that people who interact with, view or click targeted ads meet the targeting criteria – for example, females from a particular geographic area. TripHax does not provide any personally identifiable information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad, you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.

Cookies & similar technologies

TripHax may set and access TripHax cookies on your computer. We may also set and access device identifiers which could include IP address, user agent information (browser version, OS type and version) and device-provided identifiers. Once you log in to TripHax on your device, TripHax may recognise your device to provide you with a personalised experience, independent of your device settings.

TripHax lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies and device identifiers is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to TripHax's cookies.

Your ability to edit & delete your account information & preferences

You can edit your TripHax account information at any time.

We reserve the right to send you certain communications, such as service announcements and administrative messages and other communications relating to the TripHax service, without offering you the opportunity to opt out of receiving them.

You may delete your TripHax account by visiting our Account deletion page, verifying your password once more and confirming your choice to terminate the account.

Confidentiality & security

We limit access to information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

Posting on publicly accessible areas

A publicly accessible area is any area of TripHax that is accessible by the general public and may be indexed by search engines.

TripHax allows you to post, submit and exchange content and information on publicly accessible areas, such as social networks, forums and bulletin boards.

You should exercise caution if you choose to disclose personally identifiable information in a publicly accessible area. Remember that this information may remain indefinitely in the publicly accessible area of the service. Also, depending on the particular service, other users may also be able to view two or more of your individual postings collectively.

You are solely responsible for any information that you disclose and disseminate on publicly accessible areas.

If you have a concern about any personally identifiable information that you have posted on any publicly accessible areas and are unable to delete or edit it, please refer your query to Customer Care.

Other disclaimers

TripHax disclaims any responsibility for any harm and/or damages resulting from the use of the application and/or the downloading of postings of other parties.

By making Content available, the user represents and warrants that the downloading, copying and use of the Content will not infringe any intellectual property, privacy, publicity or proprietary rights (including but not limited to the copyright, patent, trademark or trade secret rights, of any third party).

The user must not use TripHax for any purpose that is unlawful or prohibited by the "End User License Agreement" or any applicable laws.

In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TripHax or others, TripHax may, in its discretion, terminate and/or deny access to, and/or deny use of the Application, Products, and/or Services

Changes to this agreement

TripHax may amend this agreement from time to time. If we make any substantial changes in the way we use your information, we will notify you by sending a notice to the email address specified in your TripHax account or by posting a prominent notice on our pages.

Questions or suggestions

If you have questions or suggestions, complete out feedback form

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, TRIPHAX CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TRIPHAX NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "TRIPHAX PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE TRIPHAX CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TRIPHAX OR VIA THE SERVICE. IN ADDITION, THE TRIPHAX PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE TRIPHAX PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE TRIPHAX PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE TRIPHAX PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TRIPHAX PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE TRIPHAX PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.