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Last updated: May 20, 2013
Before using the Site, please review all of these Terms carefully: your continued use of the Site constitutes acceptance of them and we recommend that you review them periodically, as Tripping reserves the right to revise these Terms at any time.
Submitting content that is covered by intellectual property rights ("IP Content") to the Site constitutes your acceptance to grant a perpetual, worldwide, non-exclusive, royalty-free license for Tripping to use, reproduce, display, perform, adapt, modify, distribute and promote such IP Content. Such content includes photos, videos and things you write in your profile. Because Tripping believes that this IP Content is yours, this IP License ends when you delete your IP Content or your Tripping account, unless you have shared your content with other users who still have it in their accounts.
2.1 When you publish IP Content or information while your privacy setting is set to "everyone," anyone - including people who are not registered users of the Site - will have access to that content and Tripping has no control over what they do with it. We recommend that you post content wisely and take advantage of your privacy settings if you wish for your content to remain confidential.
2.2 We have no obligation to post any content from our members and we reserve the right to edit or delete any content, in our sole discretion, that you have posted to the Site.
2.3 Just as you have no obligation to post content on the Site, Tripping has no obligation to offer compensation for using such content in its marketing or promotional materials. Tripping respects the IP Content of its members and will make an effort to request permission before using it however.
2.4 By using the Site, you may be exposed to content from other users or third parties ("Third-Party Content"), either on our Site or through links to third-party websites. We do not control, and have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, the profiles of other members.
2.5 When you cancel your Tripping membership or remove IP Content from your profile, it is deleted in a manner similar to emptying the recycle bin on a computer. Please note that removed content may persist in backup copies for a reasonable period of time, but will not be available to others.
2.6 You are solely responsible for the content that you submit, post or send via the Site and you agree not to post or submit any content that:
2.6.1 is defamatory, offensive or hateful;
2.6.2 disparages any ethnic, national, racial, sexual or religious group in any way;
2.6.3 exploits images or the likeness of minors under eighteen (18) years of age;
2.6.4 glamorizes violence by characterizing it as desirable, acceptable or otherwise;
2.6.5 contains nudity or sexually explicit content unsuitable for minors to view;
2.6.6 depicts use of illegal drugs; or
2.6.7 contains links to any commercial website with the intention of personal gain.
3. ACCOUNT SECURITY
As Tripping relies on the strength and openness of its community, you are asked to provide your real name when registering. Only your first name or nickname will be visible on the Site. Here are some the commitments you're making when you register for Tripping:
3.1 You will not provide any false personal information.
3.2 You will not use your personal profile for personal profit, such as by selling space on your profile page to an advertiser.
3.3 You will not use Tripping if you are a convicted sex offender or felon, in any country.
3.4 You will keep your contact information accurate and up to date.
3.5 You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
3.6 You will not transfer your account to anyone without our express permission.
3.7 If you select a username or nickname for your account that we determine to be inappropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name), we reserve the right to remove or reclaim it.
4. SAFETY ON THE SITE
We are committed to making Tripping the safest hospitality exchange in the world, but we cannot guarantee it due to factors that may remain beyond our control. We ask our members to help us increase the safety of the Site by adhering to the following:
4.1 You will not send or post unauthorized commercial communications (eg. spam or marketing messages) on Tripping.
4.2 You will not collect another user's IP Content or access the site through automated means, such as with spiders, robots, Trojans, forged routing, bots, site scrapers or any similar technology.
4.3 You will not engage in unlawful multi-level marketing (aka pyramid schemes).
4.4 You will never upload viruses or other malicious code that compromises the security of the website and the IP Content of other members.
4.5 You will not solicit information or attempt to access the account of any other member.
4.6 You will not post content that is offensive, hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
4.7 You will not offer any contest, giveaway, or sweepstakes ("promotion") on Tripping without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable local laws.
4.8 You will not use Tripping to do anything unlawful, misleading, malicious or discriminatory.
4.9 You will not do anything that could disable, impair or overburden the proper functioning of the Site, such as a denial of service attack.
4.10 You will not register for more than one account or register on behalf of another individual, animal or organization.
4.11 You will not impersonate any person or entity, nor will you misrepresent yourself or your affiliation with any person or entity.
4.12 You will only write the truth when providing references for other members: you will not make libelous statements by making false claims.
4.13 You are at least eighteen (18) years of age at the time of registration. If you are underage, we reserve the right to share your location with your guardians or local law enforcement upon request.
4. 14 When registering for a new account, you will select a username, nickname and password. You are solely responsible for the confidentiality and use of your username and password. To keep your account secure, you agree to: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
4.15 You will not facilitate or encourage any violations of this Statement.
5. SAFETY IN PERSON
The core benefit of Tripping is that you can use the Site to connect with like-minded people, who you can then either meet, host or stay with while travelling. Because we have no control over what happens off the Site, we cannot guarantee the safety of members and are not responsible for any damage or harm resulting from your interactions with other members. We will do our best to help mediate disputes and other issues that may arise, though we reserve the right to remain uninvolved. Should we determine that you are responsible for violating any of these safety terms or any part of this Statement, we reserve the right, but have no obligation, to monitor interactions between you and other members and to take any other action in good faith to protect the security of the community and individual members. We thus ask that everyone adhere to the following:
5.1 You will not bully, intimidate, stalk, harass or abuse any member on the Site or in person.
5.2 You will not post any personal contact information on the Site, apart from what is required during registration or suggested in your Account Settings.
5.3 You will respect the privacy and rights of other members, particularly when you are either hosting or staying with a Host.
5.4 You will not seek financial gain or profit from other members.
5.5. You will respect that this Site exists to encourage cultural exchange and you recognize that it is not a venue for freeloaders to take advantage of the generosity of Hosts or other members.
5.6 You will not do anything to harm the well being of other members, such as by stealing, intentionally breaking or disrespecting their property, or causing harm either verbally, physically or sexually. Such behavior will not be tolerated and your account may be suspended or removed immediately, at the sole discretion of Tripping. If your account has been removed by Tripping for any reason, you may not open a new account without express permission from us.
Validation is a safety feature that may help you feel more comfortable meeting other members. We initiate a Skype / VOIP video call and ask members to hold up their passport and a recent bank statement, utility bill, or other official document. We then confirm that the name and address on their official documents matches the information in our database. Apart from validating that the information on their documents matches our database records, we do not confirm, endorse or review any member's identity, reputation, morality or criminal background. We highly recommend that you communicate with members before meeting and take all necessary precautions to ensure your safety. To learn more about Validation, please click here.
7. PROPRIETARY RIGHTS
All material on our Site is protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material without our express permission or public authorization. You will not use our copyrights or trandmarks (such as the Tripping logo) without our prior consent. Notwithstanding the foregoing, you are welcome to use such material in the course of your normal, personal, non-commercial use of our Site.
8. MOBILE TECHNOLOGY
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees will still apply. In the event you change or deactivate your mobile telephone number, you will update your account information on Tripping within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to the Site, (b) deactivate or delete your account and all related information and files in such accounts and (c) bar your access to any of such files or Services.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Tripping exclusively in a state or federal court located in San Francisco County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California for the purpose of litigating all such claims. If anyone brings a claim against us related to your actions, content or information on Tripping, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
11. LEGAL COMPLIANCE
You shall use the Site in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export-control laws. You hereby represent and warrant to us that you are not (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, (b) identified as a "Specially Designated National", or (c) placed on the Commerce Department's Denied Persons List. Without limiting the foregoing, you are solely responsible for determining whether you have complied with travel restrictions to and from certain countries, including travel to and from countries other than the U.S.
You agree that you are restricted from using the Site if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require, or if you are prohibited from participating in certain Internet activity). If you decide to use the Site, you warrant to us that by such use you will not violate, or cause us to violate, the laws of your country.
IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.1 WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
12.2 IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
12.3 NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. LIMITS ON LIABILITY
WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU THROUGH THE SITE, WHETHER ON-LINE OR OFF-LINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.
13.1 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.
13.2 IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH THE SITE OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).
13.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
13.4 TRIPPING IS A VENUE THAT ENABLES USERS TO LEARN ABOUT AND ARRANGE STAYS AND MEETINGS WITH EACH OTHER: WE DO NOT DIRECTLY INTRODUCE MEMBERS NOR ARE WE INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS ON-LINE OR OFF-LINE. WE ARE NOT RESPONSIBLE FOR ANY ACTS THAT RESULT IN, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM ON-LINE COMMUNICATIONS OR OFF-LINE MEETINGS WITH OTHER REGISTERED MEMBERS OF THE SITE.
You shall defend, indemnify and hold harmless us (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Site or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
15. REPORTING MISCONDUCT
If you meet, host or stay with another member who you feel is acting inappropriately due to and including but not limited to offensive, violent, risky, illegal or sexually inappropriate behavior, who steals from you, invades your personal space and privacy or engages in similarly illegal, illicit or disturbing behavior, you must immediately report the member to the appropriate authorities and to us. You can contact us directly via email at email@example.com. While we are in no way responsible for the behavior of the other member nor obligated to take any action that may cause us to incur any liability, we will do our best to assist you in resolving the situation.
If you have any questions about these Terms, please contact Tripping at firstname.lastname@example.org. Our address is:
1 Hallidie Plaza, 2nd Floor
San Francisco, CA 94102