GENERAL TERMS AND CONDITIONS FOR USING THE TRIPSY INTERNATIONAL WEBSITE
Last Updated on 15 April 2018 1. ACCEPTANCE OF THE TERMS Thank you for using Tripsy International. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Tripsy International website at www.tripsy.club (the “Website”), including but not limited to delivery of information via the Website. Please read these Terms carefully. By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with Tripsy International OOD a company incorporated and existing under the laws of the Republic of Bulgaria. Do not access or use the Website if you are unwilling or unable to be bound by the Terms. You can accept the Terms by: - Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website; or - Actually using the Services. In this case, you understand and agree that Tripsy International will treat your use of the Services as an acceptance of the Terms. 2. DEFINITIONS Tripsy International OOD is a commercial company, providing the Services offered through the Website. We "We" or "us" refers to Tripsy International. Tripsy International is a web- based Internet platform, owned by Tripsy International OOD, a company incorporated and existing under the laws of the Republic of Bulgaria, having its seat and registered office at Sofia, 103 Cherni vruh blvd., fl. 3, which enables users to use the Services of the Website, which are the subject of these Terms of Service. User "User" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information or viewing pictures and includes other persons jointly participating in using the Services. Services "Services" include any and all services, which Tripsy International may offer to the User, through the Website. Content "Content" will include (but is not limited to) images, photos, audio, video, and all other forms of information or data. Tripsy International Content " Tripsy International Content" means content that Tripsy International creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Third Party Content, if any. "Third Party Content" means content that comes from parties other than Tripsy International or its Users and is available in or through the Services. 3. USING THE SERVICES Eligibility You hereby represent and warrant that you are at least thirteen (13) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms. Compliance with the laws You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties. Website Availability The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. Communications from Tripsy International By providing an e-mail address, you agree to receive certain communications in connection with the Website. Please read our Privacy Policy for more information. 4. CHANGES TO THE TERMS Tripsy International may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms. 5. TRANSLATION OF THE TERMS Tripsy International may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Tripsy International. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail. 6. CONTENT Ownership of Content As between you and Tripsy International, we own the Tripsy International Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, computer code, products, software, and all other elements and components of the Website excluding Third Party Content, if any. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the Tripsy International Content and the Website. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Tripsy International Content, in whole or in part, except as expressly authorized by us. 7. RESTRICTIONS Without limiting the generality of these Terms, in using the Services, you specifically agree not to engage in any activity that, in our sole discretion: 1. Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; 2. Violates those Terms; 3. Violates any applicable law; 4. Threatens, harms, harasses others, or promotes discrimination. Apart from that, the User agrees not to: 1. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website or its Content. 2. Use any robot, spider, site or mobile app search/retrieval application in the Website; 3. Make attempts to reverse engineer any portion of the Website; 4. Remove or modify any IP rights notice that appears on any portion of the Website or on any materials printed or copied from the Website or Mobile App; 5. Record, process, or mine information about other Users; 6. Attempt to gain unauthorized access to the Website, the computer systems or networks connected to the Website, through hacking, password mining or any other means; Use the Website or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses"). When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of Tripsy International, and this action should be considered as if it was included in this clause. 8. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES We process your personal data in accordance with our Privacy Policy and cookies in accordance with our Cookie Policy. You can always retrieve the current version of these on www.tripsy.club. In particular, these data protection provisions govern and explain the extent to which your personal data is collected, processed, can be seen by other Users and what options you have for controlling its disclosure to other Users and third parties. Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle your personal information. 9. THIRD PARTY WEBSITES AND CONTENT The Services may contain, or you may be sent through the Website to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, events, applications, software and Third Party Content. Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by Tripsy International and Tripsy International is not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on or available through the Website. You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk. 10. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Tripsy International and its users, any claims and assertions of any moral rights contained in such Feedback. 11. INDEMNITY You hereby agree to indemnify, defend, and hold us, our licensors, licensees, agents, representatives and other authorized users, and each of the foregoing entities' respective service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding. 12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, TRIPSY INTERNATIONAL OOD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION. DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. TRIPSY INTERNATIONAL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE TRIPSY INTERNATIONAL SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH TRIPSY INTERNATIONAL, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS. TRIPSY INTERNATIONAL MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, SUCH AS LINKS TO SOCIAL MEDIA, APPS AND WEBSITES SUCH AS WHATSAPP, FACEBOOK, GOOGLE PLUS, INSTAGRAM, TWITTER AND OTHERS THAT CAN BE SEEN ON THE WEBSITE. TRIPSY INTERNATIONAL IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES SHOWN, PROMOTED OR FEATURED ON THE WEBSITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. TRIPSY INTERNATIONAL'S SHALL NOT BE LIABLE TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES. TRIPSY INTERNATIONAL DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA. 13. DISPUTE RESOLUTION You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website and the Services shall be resolved individually, without resort to any form of class action. Any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to Tripsy International for accessing the Website and the Services, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of Tripsy International. This Agreement and all rights and obligations in connection with it are governed by Bulgarian law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the Sofia District or other competent Court. 14. SEVERABILITY If any of these terms of use are found unlawful, void, or for any reason unenforceable, then such provisions will be considered severable from the remaining Terms and will not affect the validity and enforceability of the remaining provisions. 15. TERMINATION 1. You may terminate the Terms at any time by discontinuing your use of the Website or providing Tripsy International with a notice of termination. 2. We may suspend your ability to use certain portions of the Website and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing the Website and/or any other related information. 3. In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 11, 12, 13, 14 and 15 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6. 16. GENERAL TERMS 1. We reserve the right to amend, update, or discontinue the Website at our sole discretion, at any time, with or without reason, and without notice or liability. 2. We may provide you with notices, including those regarding changes to the Terms, by email or through the Website. 3. Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party. 4. The Terms contain the entire agreement between you and Tripsy International regarding the use of the Website. 5. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect. 6. The section titles in the Terms are for convenience only and have no legal or contractual effect. 17. CONTACT In order to address a question, to resolve a complaint regarding the Website or the Tripsy International Services, or to receive further information regarding the Services, please contact Tripsy International using one of the methods provided on the Website or through social media.