TRIPCAPTCHA TERMS OF SERVICE
Last updated: April 18, 2014
TripCaptcha (“TripCaptcha", "" or " ") provides certain services on or through our website, (www.tripcaptcha.com), and our mobile application(s).
By using the TripCaptcha app, you agree to the following terms and conditions ( ). These Terms of Service comprise the entire agreement between you and TripCaptcha (the Service). When using particular features on or through the Service, you shall be subject to any posted policies and guidelines applicable to such features, including any terms or conditions applicable to features provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service.
If you do not understand or agree with these Terms of Service, please do not use the TripCaptcha Service or any of its features and do not register to be a member of the Service. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at email@example.com
BY USING ANY OF PART OF THE SERVICE OR BY COMPLETING ANY REGISTRATION OR PURCHASE PROCESS WITHIN TRIPCAPTCHA, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use TripCaptcha as long as you adhere to these Terms of Service.
The Service offers features that allow you, among other things:
§ to capture, save and share trip details such as photo, geo-location, and descriptions on your mobile phone and tripcaptcha.com and it's partner sites
§ to capture and save audio and video files relating to a trip on your mobile phone. The audio and video files are not shared on the server.
Use of the Service is void where prohibited. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into this Terms of Service agreement and to abide by all its terms and conditions. You must be an individual of 18 years of age or older to register or use the Service.
You are not required to register with TripCaptcha to use the app. Your Facebook® / Twitter® / Google+®/Linked In ® login credentials can be used to authenticate on TripCaptcha App:
TripCaptcha provides the following features:
· Create and save trip details such as photo, text, geo-location, audio and video on a mobile phone's local memory
· Ability to share the trip details and basic information such as the photos, text, geo location on to TripCaptcha server
· Ability to send a trip notification to your Facebook® / Twitter® / Google+® walls
Please note that not all of the above features in the previous sentence may be available at any given time and that TripCaptcha may require registration for additional features that may be developed or added to the Service from time to time.
In order to register with TripCaptcha you may be required to supply a valid email address, or login through third party sites such as Facebook® / Twitter® / Google+®/Linked In ®. You will also be asked to set a password. You may also be asked to provide certain other information, including an image, interests and/or other requested information.
You are solely responsible for maintaining the confidentiality of your password and account. You agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Service, to anyone else. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your Profile Page.
You agree to immediately notify us at firstname.lastname@example.org of any unauthorized use of your account or any other breach of security related to your account or the Service.
Free Online Invitations
TripCaptcha may provide additional features from time to time through the Service, which TripCaptcha may make available for your use a) its sole discretion. Additional features made available by TripCaptcha may be designated as in "beta". A feature or service that is in "beta" means that it is a work in progress and may not be fully functional, but that is being offered to test the feature or service and to develop its utility for the TripCaptcha community.
TripCaptcha grants you a limited license to access and make personal use of this Service and not to download (other than page caching) or modify it, or any portion of it, except with TripCaptcha's express written consent. The foregoing license does not include any resale or commercial use of this Service, the Service or its contents; any derivative use of this Service, the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Service, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without TripCaptcha's express written consent. Use of the Service that constitutes abuse shall be determined by TripCaptcha, at its sole discretion. TripCaptcha reserves the right to terminate your account if TripCaptcha determines you have not complied with these Terms of Service.
You acknowledge that the Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, " ") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Service, including the Content.
The "TripCaptcha" name, and their related stylized logos are products of Basis Tech Consulting Pte Ltd, Singapore. Our partners may also have additional proprietary rights in the content which they make available through the Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other materials ("") that are transmitted, posted, or distributed by you through the Service, including, but not limited to, the contents of your email communications, information, reviews, user ratings, photos or images posted or sent by you to or through the Service. All Materials posted or sent by you are your sole responsibility. By posting or sending Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.
TripCaptcha does not control the Materials posted or sent through the Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials. By using the Service you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable.
UNDER NO CIRCUMSTANCES WILL TRIPCAPTCHA BE LIABLE IN ANY WAY FOR ANY MATERIALS POSTED BY ANY USER OR THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICE.
You agree that if you post any Materials through the Service, you automatically grant to TripCaptcha, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Materials to other users of the Service and to third parties with whom TripCaptcha has a relationship. You also grant TripCaptcha the right to authorize the downloading and printing in whole or in part of any Materials that you post to the Service.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the Service or otherwise stored in connection with the Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Service, and the circumstances surrounding the transmission thereof, to (1) any third party in order to operate the Service, (2) comply with applicable laws, (3) respond to governmental inquiries or requests, (4) comply with valid legal process, (5) protect the rights, privacy, safety or property of TripCaptcha, the Service visitors or the public, (6) permit us to pursue available remedies or limit the damages that we may sustain, and/or (7) enforce these Terms of Service.
You agree not to do the following on or through the TripCaptcha Service:
§ Post, transmit, or otherwise make available, through or in connection with the Service anything that is or may be:
§ unlawful, threatening, harassing, degrading, abusive, hateful or intimidating;
§ defamatory; libelous or invasive of another's privacy;
§ fraudulent or tortious;
§ vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable;
§ protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; or
§ a virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment
§ any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity;
§ any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
§ Material that you do not have a right to transmit 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).
§ Use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the Service.
§ Harm minors in any way.
§ Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
§ Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available; or violate any requirements, procedures, policies or regulations of such networks.
§ Restrict or inhibit any other person from using the Service, including without limitation by hacking or defacing any portion of the Service; or disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
§ Use the Service to distribute or otherwise publish or post any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the Service in a commercial manner, unless otherwise expressly allowed by TripCaptcha.
§ Use the Service to distribute or otherwise publish or post any material that is pornographic, obscene, contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone's intellectual property rights, or is otherwise offensive or inappropriate as determined at TripCaptcha's sole discretion.
§ Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Service.
§ Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Service any directory of TripCaptcha's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service.
§ Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
§ Remove any copyright, trademark or other proprietary rights notice from the Service or Content or Materials originating from the Service.
§ Frame or mirror any part of the Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Service.
§ Create a database by systematically downloading and storing content from the Service.
§ Intentionally or unintentionally violate any applicable local, state, national or international law.
§ Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from the Service or reproduce or circumvent the navigational structure or presentation of the Service.
§ Engage in any other conduct which, in TripCaptcha's sole discretion, is considered inappropriate, unauthorized or objectionable.
In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the Service.
In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, at our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "") on or available from such sites or resources.
You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which TripCaptcha has no control and which will govern your rights and obligations with respect to the use of those such third party's product, services or Websites.
You agree to indemnify, defend and hold harmless TripCaptcha, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (i) your use of the Service, including, but not limited to, all content therein and any products or services obtained by you through the Service, (ii) the violation of these Terms of Service by you, (iii) the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRIPCAPTCHA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. TRIPCAPTCHA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. TRIPCAPTCHA MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT TRIPCAPTCHA DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO TRIPCAPTCHA FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. TRIPCAPTCHA ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE SERVICE.
YOU EXPRESSLY AGREE THAT TRIPCAPTCHA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TRIPCAPTCHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH TRIPCAPTCHA OR A THIRD PARTY THROUGH THE USE OF THE SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT TRIPCAPTCHA IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
You agree that we, at our sole discretion, may terminate your password, account or use of the Service, and remove and discard any Materials within the Service, for any reason, at any time, without notice to you. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, at our sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that we shall not be liable to you or any third party for any termination of your access to the Service.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Service, including, but not limited to (i) restricting the time the Service are available, (ii) restricting the amount of use of the Service permitted, and (iii) restricting or terminating any user's right to use the Service, with or without notice; (b) charge fees in connection with the use of the Service; (c) modify and/or waive any fees charged in connection with the Service; and/or (d) offer opportunities to some or all users of the Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any service, content or feature offered through the Service.
The Service is controlled and operated by TripCaptcha from Singapore, and is not intended to subject TripCaptcha to the laws or jurisdiction of any territory other than that of Singapore. TripCaptcha does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.
This is the entire agreement between you and TripCaptcha relating to the subject matter herein and may not be modified by you.
Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com
TripCaptcha reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Service. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Service.
© TripCaptcha, 2014. All rights reserved.
All the trademarks or service marks mentioned in the TripCaptcha are the property of the respective brands and companies.