TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. THESE TERMS OF SERVICE AGREEMENT ARE EFFECTIVE AS OF 06/30/2017.
The following Terms and Conditions of Use (the “TOCU”) is a legally binding agreement that shall govern your use of Travscapade website www.Travscapade.commobile and any other applications, widgets, international versions, brands, software, devices, or networks existing now or developed later (collectively defined as “Travscapade”) andTravscapade’s subsidiaries and affiliates, in association with the use of Travscapade and its Features.
Travscapade may contain links to third party websites that are not owned or controlled by Travscapade. Travscapade has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Travscapade will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Travscapade from any and all liability arising from your use of any third-party website
WHAT IS TRAVSCAPADE?
Travscapade is social networking platform intended
to help its users find their next travel destination. Users would contribute
towards the contents of the website, through the submission of pictures and
blogposts, with relevant tags. These tags would in turn be used to provide a
personalized newsfeed full of posts that are relevant to the interests of
using Travscapade website, you accept these terms and
conditions in full; accordingly, if you disagree with these terms and
conditions or any part of these terms and conditions, you must not use Travscapade website.
you register with Travscapade website, submit any
material to Travscapade websiteor
use any of Travscapade website, we will ask you to
expressly agree to these terms and conditions.
1.4. You must affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent toenter into this TOCU. In any case, to create an account and become a “user” of the Travscapade, the viewer must affirm that they are over the age of 13, as the Service is not intended for children under 13. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age appropriate for his/her child.
IF YOU ARE UNDER 13
YEARS OF AGE, THEN PLEASE DO NOT USE THE SERVICE.
2. Copyright notice
You herein acknowledge, understand and agree that all of the Travscapade trademarks, copyright, trade name, service marks, and other Travscapade logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Travscapade. You herein agree not to display and/or use in any manner the Travscapade logo or marks without obtaining Travscapade’s prior written consent.
License to use
3.1. You may:
a. view pages from Travscapade website in a web browser;
b. download pages from Travscapade website for caching in a web browse:
c. print pages from Travscapade website;
d. use Travscapade website by means of a web browser;
to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from Travscapade website or save any such material to your computer.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on Travscapade website.
4.5 Unless you own or control the relevant rights in the material, you must not:
a. republish material from Travscapade website (including republication on another website);
b. sell, rent or sub-license material from Travscapade website;
c. show any material from Travscapade website in public;
d. exploit material from Travscapade website for a commercial purpose; or
e. redistribute material from Travscapade website.
4.6 Notwithstanding Section 4.5, you may redistribute Travscapade’s newsletter in print and electronic form to any person.
4.7 Travscapade herein reserves the right to not give access to Travscapade website, limit the access to Travscapade website, pre_screen, refuse and/or delete any content currently available through Travscapade. In addition, we reserve the right to remove and/or delete any such content that would violate the TOCU or which would otherwise be considered offensive to any other viewer, user and/or users. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Travscapade website.
4.8 Travscapade herein reserves the right to access, preserve and/or disclose user account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a. compliance with any legal process;
b. enforcement of the TOCU;
c. responding to any claim that therein contained content is in violation of the rights of any third party;
d. responding to requests for customer support; or
e. protecting the rights, property or the personal safety of Travscapade, its viewers and users, including the general public.
Travscapade herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to the Travscapade Community Guidelines and all applicable policies established by Travscapade or any other content providers supplying content services to Travscapade. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in Travscapade’s Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by Travscapade’s Services, despite whether done so in whole or in part, is expressly prohibited.
4. Acceptable use
5.1 You are responsible for any of your activities, including but not limited to all information and content (text, software, codes, scripts, graphic data, images, GIFs, audio, videos, messages, tags, any combination thereof etc.) whether it is publicly or privately posted, shared and/or transmitted on Travscapade website by you or anyone from your account.
5.2 You must ensure that all the information you supply to us through Travscapade website, or in relation to Travscapade website, is true, accurate, current, complete and non-misleading.
5.3 You must not use Travscapade website for:
a) uploading, posting, creating, publishing, saving, commenting, sharing, suggesting, messaging, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Travscapade officials, list creators or other users, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging titles, texts or descriptions, or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, creating, publishing, saving, commenting, suggesting, messaging, sharing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, creating, publishing, saving, commenting, messaging, suggesting, sharing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, creating, publishing, saving, commenting, messaging, suggesting, sharing, transmitting or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “spam”, or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, creating, publishing, saving, commenting, messaging, suggesting, sharing, transmitting or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;
j) interfering with or disrupting any Travscapade Services, servers and/or networks that may be connected or related to Travscapade, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law;
l) providing informational support, financing or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other user or users in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
5.1. You may register for an account with Travscapade website by using your Facebook or Google Plus account(s).
5.2. You may also request to have an account created using your email address.
5.3. You must notify us in writing immediately if you become aware of any unauthorized use of your account.
5.4. You must not use any other person's account to access the website, unless you have that person's express permission to do so.
6. User login details
7.1 If you register for an account with Travscapade website, you will be asked to choose a user ID.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity, including but not limited to all information and content (text, software, codes, scripts, graphic data, images, GIFs, audio, videos, messages, tags, any combination thereof etc.) whether it is publicly or privately posted, shared and/or transmitted on Travscapade websitearising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
8.1 We may suspend your account at any time inTravscapade’s sole discretion without notice or explanation.
8. Your content: licence
8.1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or Travscapade websitefor storage or publication on, processing by, or transmission via, Travscapade website.
8.2. Travscapade shall not lay claim to ownership of any content submitted by any viewer, or user, nor make such content available for inclusion on Travscapade website.
8.3. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, copy, cache, distribute, reproduce, modify, translate, adapt, create derivative work, publicly perform, publicly display and/or store your content on in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.
8.4. You grant to us the right to sub-license the rights licensed under Section 9.3.
8.5. You grant to us the right to bring an action for infringement of the rights licensed under Section 9.3.
8.6. If you’re a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on Travscapade by emailing us at email@example.com. When we get your DMCA notice, we’ll take whatever action we think is appropriate, which may include removing the reported content from Travscapade.
9. Your content: rules
9.1. You warrant and represent that your content will comply with these terms and conditions.
9.2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
a) be libellous or maliciously false;
b) be obscene or indecent;
c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
d) infringe any right of confidence, right of privacy or right under data protection legislation;
e) constitute negligent advice or contain any negligent statement;
f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
g) be in contempt of any court, or in breach of any court order;
h) be in breach of racial or religious hatred or discrimination legislation;
i) be blasphemous;
j) be in breach of official secrets legislation;
k) be in breach of any contractual obligation owed to any person;
l) depict violence in an explicit, graphic or gratuitous manner;
m) be pornographic, lewd, suggestive or sexually explicit;
n) be untrue, false, inaccurate or misleading;
o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
p) constitute spam;
q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
r) cause annoyance, inconvenience or needless anxiety to any person.
9.4. You may edit your content to the extent permitted using the editing functionality made available on Travscapade website.
9.5. Without prejudice to Travscapade’s other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Warranty Disclaimers
You herein expressly acknowledge and agree that:
11.1 The use of Travscapade website is at the sole risk by you. Travscapade websiteshall be provided on an "as is" and/or "as available" basis. Travscapade and Travscapade’s subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non_ infringement.
11.2 Travscapade and Travscapade’s subsidiaries, officers and employees make no such warranties that:
a) Travscapade website will meet your requirements;
b) Travscapade website shall be uninterrupted, timely, secure or error_free;
Any defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components or that transmission to or from the site and access to the site will not be interrupted, discontinued or error-free.
c) That such results which may be obtained from the use of the Travscapade website will be accurate or reliable;
d) Quality of any products, services, any information or other material which may be purchased or obtained by you through Travscapade will meet your expectations; and
e) That any such errors contained in the software shall be corrected.
11.3 To the extent that any information in relation to which the laws of any state or country impose data protection obligations, you will be responsible for compliance with those laws in so far as they relate to your right to use such information, transfer it to customer and for customer to hold it in electronic form on the site and use it in performing services for your organization.
Any information or material downloaded or otherwise obtained by way of Travscapade website shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
11. Limitation of Liability
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TRAVSCAPADE AND TRAVSCAPADE’S SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES,ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY REVENUES OR PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, AND EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND THE SAID DAMAGES RESULT FROM:
11.1. THE USE OR INABILITY TO USE TRAVSCAPADE WEBSITE;
11.2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
11.3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
11.4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON TRAVSCAPADE WEBSITE;
11.5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO TRAVSCAPADE WEBSITE.
NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT TRAVSCAPADE AND TRAVSCAPADE’S SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES SHALL HAVE TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS BOTH SUPPLIER AND CUSTOMER AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY
12. Exclusion and Limitations
There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you.
13. Limited warranties
We reserve the right to discontinue or alter any or all of Travscapade website, and to stop publishing Travscapade website, at any time in Travscapade’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any websites, or if we stop publishing the website.
14. Breaches of these terms and conditions
14.1. Without prejudice to Travscapade’s other rights under these terms and conditions, if you breach or if we reasonably suspect that you have breached these terms and conditions or any other incorporated agreement, policies, regulation and/or guideline; if there is are requests from law enforcement or any other governmental agencies; if there are is discontinuance, alteration and/or material modification to Travscapade and its Features, or any part thereof if there are unexpected technical or security issues and/or problems; any engagement by you in any fraudulent or illegal activities; if there is nonpayment of any associated fees that may be owed by you in connection with the use of Travscapade and its Features, we may:
a) send you one or more formal warnings;
b) temporarily suspend your access to Travscapade website;
c) permanently prohibit you from accessing Travscapade website;
d) block computers using your IP address from accessing Travscapade website;
e) contact any or all of your internet service providers and request that they block your access to Travscapade website;
f) commence legal action against you, whether for breach of contract or otherwise; and/or
g) suspend or delete your account on Travscapade website.
15.2 Where we suspend, or prohibit or block your access to Travscapade websiteor a part of Travscapade website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
16.1 We may revise these terms and conditions from time to time.
16.2 The revised terms and conditions shall apply to the use of Travscapade websitefrom the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
16.3 Travscapade may furnish you with notices, including those with regards to any changes to the TOCU, policies, guidelines and other terms, including but not limited to email, regular mail, browser notifications, mobile device push notifications, MMS, SMS, text messaging, postings on Travscapade Website, or other reasonable means currently known or any which may be herein after developed. Your continuation of use of the Travscapade website and Features, following notice of changes to Travscapade’s terms, policies and/or guidelines, constitutes your acceptance of those amendments. You may not receive any such notices may not be received if you violate any aspects of this TOCU by accessing Travscapade’s Services in an unauthorized manner or if your account is deactivated or deleted for any reason as per the TOCU. If your account is restored upon following deactivation or deletion, your continuation of the use of the Travscapade Website constitute acceptance ofTravscapade’s TOCU at the point of restoration. Your acceptance of this TOCU constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessedTravscapade’s Services in an authorized manner.
16.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with Travscapade’s rights and/or obligations under these terms and conditions.
16.2. You may not without Travscapade’s prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18.1 The invalidity or unenforceability of any provision or covenant in this Agreement shall not affect the validity or enforceability of any other provision or covenant herein contained, and this Agreement shall be construed as if such invalid or unenforceable provision or covenant were omitted.
18.2 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.3 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
18.1. A contract under these terms and conditions is for Travscapade’s benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19.1. Subject to Section 12.1, these TOCU, together with Travscapade’s Provacy Policy, Travscapade’s Cookies Policy, shall constitute the entire agreement between you and Travscapade in relation to your use of Travscapade and shall supersede all previous agreements between you and Travscapade in relation to your use of Travscapade.
20.1. These terms and conditions shall be governed by and construed in accordance with the laws of the state of Delaware without regard to its conflict of law provisions.
20.2. Any claims, causes of action and/or disputes, arising out of or relating to the TOCU, or the relationship between you and Travscapade., shall be filed within the courts having jurisdiction within the Republic of Bangladesh. You hereby irrevocably and unconditionally accept and agree, on behalf of yourself and your organization to submit to the exclusive jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
21. Statute of limitations
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of Travscapade’s Services or the TOCU must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
22. Our details
22.1. You can contact us:
a) using Travscapade websitecontact form;
b) via email at firstname.lastname@example.org