TripTracker.net Terms of use

By using the TripTracker.net website and/or its related services and software ("TripTracker"), provided by Klika d.o.o. ("Klika"), you agree to be legally bound by the following terms and conditions ("Terms of Use").

Basic Terms

• You must be 13 years or older to use this site.
• You are responsible for any activity that occurs under your account.
• You are responsible for keeping your password secure.
• You must not abuse, harass, threaten, impersonate or intimidate other TripTracker users.
• You may not use the TripTracker service for any illegal or unauthorized purpose. You must not, in the use of TripTracker, violate any laws in your jurisdiction (including but not limited to copyright laws and laws regarding online conduct and acceptable content).
• You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display using the TripTracker service.
• You must never use another's account without permission.
• You must notify TripTracker immediately of any breach of security or unauthorized use of your account.
• You must not post Content that violates the intellectual rights or copyright of others using TripTracker.
• You must not modify, adapt or hack TripTracker or modify another website so as to falsely imply that it is associated with TripTracker.
• You must not use the communication systems provided by TripTracker (e.g. comments, email) for advertising or any other commercial solicitation purposes ("spam").
• You must not, in the use of TripTracker, transmit any worms or viruses or any code of a destructive nature.
• You agree not to distribute in any medium any part of TripTracker, including but not limited to Content posted by other TripTracker users, without Klika's prior written authorization.
• You agree not to use any part of TripTracker, including TripTracker Embeddable Map Widgets, for any commercial use, without the prior written authorization of Klika. Prohibited commercial uses include any of the following actions taken without Klika's express approval:
• sale of access to Content hosted on TripTracker, or to TripTracker services (such as the Embeddable Map Widgets), on another website;
• use of TripTracker or its related services (such as the Embeddable Map Widgets), for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising on the TripTracker website;
• any use of TripTracker or its related services (such as the Embeddable Map Widgets) that Klika finds, in its sole discretion, to use TripTracker's resources or Content with the effect of competing with or displacing the market for TripTracker.
Notwithstanding the foregoing, Klika grants permission to use TripTracker for certain limited commercial uses, which are explicitly listed below:
• uploading original Content to TripTracker, to promote your business or artistic enterprise;
• using the Embeddable Map Widgets to show TripTracker Content on ad-enabled blogs or websites, provided the primary purpose of using the Embeddable Map Widget is not to gain advertising revenue or to compete with TripTracker.
• You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses TripTracker servers in a manner that sends more request messages to the TripTracker 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. Notwithstanding the foregoing, Klika grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. Klika reserves the right to revoke these exceptions either generally or in specific cases.

Violation of any of these agreements will result in the termination of your TripTracker account. While such conduct and Content is prohibited in the use of TripTracker, you understand and agree that you nonetheless may be exposed to such content and that you use the TripTracker service at your own risk.

General Conditions

• We reserve the right to modify or terminate the TripTracker service for any reason, without notice at any time.
• We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail or post a prominent notice on the TripTracker web page or the TripTracker developers blog. What constitutes a "material change" will be determined at our sole discretion.
• We reserve the right to refuse service to anyone for any reason at any time.
• We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
• We assume no responsibility whatsoever concerning the safe-keeping of Content hosted on TripTracker servers and will not be liable for damages of any sort related to loss of Content.
• Although we value your privacy, we cannot guarantee that Content posted by you will not be viewed or downloaded by other users or third parties. We assume no responsibilities with respect to unwanted access to any Content hosted on TripTracker servers.
• For clarity, you retain all of your ownership rights pertaining to Content submitted to TripTracker. However, by submitting Content to TripTracker, you hereby grant Klika a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Content in connection with the TripTracker website and TripTracker's (and its successors' and affiliates') business. You also hereby grant each user of TripTracker a non-exclusive license to access your Content through the website, and to use, reproduce, distribute and display such Content as permitted through the functionality of TripTracker and under these Terms of Use. The above licenses granted by you are perpetual and irrevocable.
• You understand that when using the TripTracker service, you will be exposed to Content from a variety of sources, and that Klika is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against Klika with respect thereto, and agree to indemnify and hold TripTracker's owners, affiliates and partners harmless to the fullest extent allowed by law regarding all matters related to your use of TripTracker.

Copyright

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

We respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, disable and/or terminate the accounts of users who infringe the copyright of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Klika's Copyright Agent the following information (Notice):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• 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;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Klika's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: copyright@triptracker.net

Disclaimer of warranty and liability

THE TRIPTRACKER WEBSITE AND ALL OF ITS RELATED SERVICES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPLICIT OR IMPLIED. IN NO EVENT SHALL KLIKA OR KLIKA'S AFFILIATES OR PARTNERS BE LIABLE FOR DAMAGES OF ANY SORT CAUSED BY, OR OTHERWISE RELATED TO, THE USE OF THE TRIPTRACKER WEBSITE OR ANY OF ITS RELATED SERVICES OR SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Last updated: August 26th, 2007.