Welcome to Triptop!
EAN Affiliate Program Agreement
Triptop’s Website (triptop.co and triptopapp.com) and Application (both collectively
referred to as the “Application”) on the Internet or in mobile media. These Terms
constitute a fully binding agreement between Triptop Inc. (including its affiliates and
subsidiaries, “Triptop” or “We”) the proprietor of all rights in and to
the Application, and you. It is therefore recommended that you carefully read these Terms.
(“Community Guidelines”); all of which are an integral part of these Terms.
If you do not agree to these Terms or any of its parts, then you are prohibited and must
refrain from using the Application.
Using the Application
Triptop hereby grants you a free of charge, non-exclusive, time-limited, non-transferable,
non-sub-licensable, revocable license to use the Application (including the Software) for
non-commercial purposes, subject to these Terms.
You may use the Application solely for private and personal purposes. You may not use the
Application commercially. For example, you may not: (A) offer to third parties a Application
of your own that uses the Application; (B) resell the Application; (C) offer to rent or lease
the Application; or (D) offer the Application to the public via communication or integrate it
within a Application of your own, without the prior written consent of Triptop.
You may not copy, print, save or otherwise use data from the Application or the Application’s
database. This clause does not limit the use of the database as intended by the Software and
for the purposes of private and personal use of the Application.
When using the Application or the Application you may not engage in scraping, data mining,
harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use
any robot, spider, scraper or other automated means to access the Application or the Application’s
database for any purpose without the express prior written permission of Triptop.
There are certain types of conduct that are strictly prohibited on the Application. Please read
the following restrictions carefully. Your failure to comply with the provisions set forth
below may result (at Triptop’s sole discretion) in the termination of your access to the
Application and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person:
(1) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion
of the Content included in the Application and/or Application, or in any way or publicly
display, perform, or distribute them;
(2) make any use of the Content on any other webApplication or networked computer environment
for any purpose, or replicate or copy the Content without Triptop’s prior written consent;
(3) create a browser or border environment around the Content (e.g. no frames or inline linking);
(4) interfere with or violate any third party or other user’s right to privacy or other rights,
including copyrights and any other intellectual property rights of others, or harvest or
collect personal information about visitors or users of the Application and/or Application
without their express consent, including using any robot, spider, Application search or
retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(5) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others,
including others’ copyrights, and other intellectual property rights;
(6) transmit or otherwise make available in connection with the Application and/or Application
any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code,
file, or program that may or is intended to damage or hijack the operation of any hardware,
software, or telecommunications equipment, or any other actually or potentially harmful,
disruptive, or invasive code or component;
(7) interfere with or disrupt the operation of the Application and/or Application, or the
servers or networks that host the Application and/or Application or make the Application
and/or Application available, or disobey any requirements, procedures, policies, or
regulations of such servers or networks;
(8) sell, license, or exploit for any commercial purposes any use of or access to the Content
and/or the Application and/or Application;
(9) frame or mirror any part of the Application and/or Application without Triptop’s prior
express written authorization;
(10) create a database by systematically downloading and storing all or any of the Content from
the Application and/or Application;
(11) forward any data generated from the Application and/or Application without the prior
written consent of Triptop;
(12) transfer or assign your Application accounts’ password, even temporarily, to a third party;
(13) use the Application and/or Application for any illegal, immoral or unauthorized purpose;
(14) use the Application, the Application, or the Content for non-personal or commercial purposes
without Triptop’s express prior written consent; or
(15) infringe or violate any of these Terms.
Triptop Inc. reserves the right, in its sole discretion, to terminate your access to the
Application and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State
of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada
in all disputes arising out of or relating to the use of the Application. Use of the
Application is unauthorized in any jurisdiction that does not give effect to all provisions
of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and Triptop Inc. as a result of this agreement or use of the Application.
Triptop Inc.’s performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of Triptop Inc.’s
right to comply with governmental, court and law enforcement requests or requirements relating
to your use of the Application or information provided to or gathered by Triptop Inc. with
respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of
the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between
the user and Triptop Inc. with respect to the Application and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and Triptop Inc. with respect to the Application. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this agreement and all related
documents be written in English.
The Application allows all users of the Software to submit and post information and content to
other users (“Content”). Content is separate from third party sponsored
advertisements that may appear on the Application. Content can include, for example, tips,
public messages, places. You assume sole responsibility for any Content you post and you alone
are liable for the consequences when you post Content.
Content and posts
It is forbidden to submit Content of a commercial nature (including advertising), unless such
posts pertain to Triptop, the Application, or Triptop’s products, and such Content
strictly complies with these Terms.
Triptop may decline to publish, or immediately delete any Content you submit if you or the
Content have violated these Terms or if you engaged in a commission or omission that is
harmful or may be harmful to the Application, its users, Triptop or any of its agents or
affiliates. In such cases, Triptop may also terminate your access to the Application or
prevent you from posting additional Content on the Application. The provisions of this clause
are made in addition to any rights afforded to Triptop by any law.
Please observe the Community Guidelines
which are an integral part of this Term of Use agreement.
Your use of the Application and the services provided therein and
thereby is governed by the terms of these Terms of Service.
Registered User Content.
You are solely responsible for information posted on our Application, including but
not limited to (a) any audio, video or photographic content (collectively,
“Multimedia Content”), (b) any posting or listing made in any public
message area, tips, reviews, personal messages, places or through Triptop’s
feedback feature (collectively, “Non-Multimedia Content”) and (c) any
other content of a personal nature. You retain ownership of all Multimedia Content
and Personal Content, subject to the licenses granted herein.
You hereby assign to Triptop your rights in any Non-Multimedia Content. You grant
us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to
exercise all copyright and publicity rights with respect to the Multimedia Content
and to use such Multimedia Content for the purpose of advertising and publicizing
Triptop products and services and you grant us a non-exclusive, worldwide,
perpetual, royalty free, irrevocable right to use the Personal Content for
the purpose of providing Services.
Your information must not: (a) infringe any third party’s rights, including
but not limited to intellectual property, publicity or privacy; (b) be defamatory,
trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
We do not endorse any information posted by Registered Users and we are not liable
for any such information posted on the Application, including but not limited to
any information posted about you. We reserve the right to take any action, in our
sole discretion, with respect to information posted on the Application which we
believe is inappropriate, including but not limited to termination of your Account.
However, we cannot, nor do we, control the information provided by you or other
Registered Users or other content providers which is made available through our system.
Removal of Content for which Copyright Infringement Is Claimed.
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium
Copyright Act, Triptop has implemented procedures for receiving written notification
of claimed infringements and for processing such claims in accordance with the Act.
If you believe that your copyrights are being infringed by a User of the Application,
please fill out a Notice of Infringement form and email it to Triptop Copyright
Infringement Notices to email@example.com.
The information requested by the Notice of Infringement form substantively complies
with the safe harbor provisions of the Digital Millennium Copyright Act, 17
USC. § 512(c)(3)(A), which provides that a notification of claimed
infringementmust be a written communication provided to the designated
agent that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online Application are covered
by a single notification, a representative list of such works at such Application.
Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit
the Agency to locate the material.
Information reasonably sufficient to permit the Agency to contact the
complaining party such as an address, telephone number, and if available,
an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent or the law.
A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act
on behalf of the copyright owner that fails to comply substantially with
the provisions above shall not be considered as providing actual knowledge
or an awareness of facts or circumstances from which infringing activity is apparent.
Additionally, you are required to provide a Notice of Infringement form each time
you wish to report alleged acts of infringement and fax it to the number provided above.
Representations, disclaimers, limitations and exclusions
Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
to grant access to an Account only to users authorized to act on behalf of the
Registered User and only in accordance with these Terms of Service.
to be fully responsible and liable for any action of any user who uses your Account.
not to use the Account, username, or password of another Registered User that
you are not expressly authorized to use.
not to allow any third party who is not authorized to do so to use your Account at any time.
not to use any device, software or routine, including but not limited to any
viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks,
intended to damage or interfere with the operation of the Application or any
transaction being conducted through the Application.
not to intercept or expropriate any system, data or personal information from the Application.
not to take any action that imposes an unreasonable or disproportionately large
load on the Application infrastructure, including but not limited to “spam” or
other such unsolicited mass emailing techniques.
that it has the right and authority to enter into the Terms of Service and to
transact business hereunder.
that they are using the Application solely for the purpose of entering into a
bona fide business transaction with other Registered Users.
that they will not use the Application or its services to defraud or mislead any
person or entity, including without limitation Triptop or any Register User.
that they will not use the Application to violate any law or regulation of the
United States of America or any international law or treaty.
that they are not a resident national of, or, an entity located in Cuba, Iran,
Sudan, Burma (Myanmar), Democratic Republic of the Congo, North Korea, Syria or
any other country subject to economic sanctions imposed by the government of
the United States of America.
that they are not currently and have never been listed as a Specially Designated
National by the United Stated Department of Treasury’s Office of
Foreign Assets Control (“OFAC”).
that they will not use the Application in connection with any “prohibited transaction”
as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian
Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations,
31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations,
31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign
Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500;
Executive Order 1338; or any other law, regulation or executive order of the
United States of America.
Indemnity. You agree to defend, hold harmless and indemnify Triptop from and against any
and all losses, costs, expenses, damages or other liabilities incurred by Triptop from and
against any cost, liability, loss, damage, cause of action, claim, suit, proceeding,
demand or action brought by a third party against Triptop:
Links. The Application may contain links to third-party web Applications not under the
control or operation of Triptop. When we provide links, we do so only as a convenience
and do not endorse and are not responsible for the content of any linked Application or
any link contained in a linked Application.
Examination of content
Triptop may examine the Content before or after its publication, prevent publication of
inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its
publication. Triptop does not normally utilize its right to monitor Content and does so
only in rare cases.
Triptop retains sole discretion in determining which Content will be published, the duration
of its publication, its location, how and when it appears on the Application, its design and
any other matter pertaining to the publication of Content within the Application. Triptop does
not guarantee that all Content will be published, in general or for any limited time.
Content submitted by users for publication does not reflect the views of Triptop. Publishing
Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
All intellectual property rights in and to the Application, the Application and its database,
including copyrights, trademarks, industrial designs, patents and trade secrets — are
either the exclusive property of Triptop or its affiliates or are exclusively licensed to Triptop.
“Triptop”, the Triptop logo, and other trade and/or Application marks are the
property of Triptop or its affiliates and you may not use such logos or marks for any purpose
that is not expressly authorized in these Terms without the prior written consent of Triptop.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (ii) you are not listed on any U.S. Government
list of prohibited or restricted parties.
Breach and indemnity
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. TRIPTOP INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE SITE AT ANY TIME.
TRIPTOP PROVIDES THE APPLICATION AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND
“AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND
EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED,
WITH RESPECT TO THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY,
PERFORMANCE, SECURITY OR ACCURACY.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the
use of the Application, and you further agree and acknowledge that your use of the Application
is made entirely at your own risk. You further acknowledge that it is your responsibility
to comply with all applicable laws while using the Application.
TRIPTOP, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER
DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS,
EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION
WITH THE USE OF, OR THE INABILITY TO USE THE APPLICATION, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN
IN THE FUNCTION OF THE APPLICATION, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE
ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE APPLICATION, INCLUDING, WITHOUT
LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE APPLICATION,
OR WITH OTHER USERS ON OR THROUGH THE APPLICATION, OR FROM ANY DENIAL OR CANCELLATION OF YOUR
USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT
ON THE APPLICATION. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS,
OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
Triptop respects your privacy during your use of the Software and the Application. Our updated
it is recommended that you periodically review the policy for updates.
Modifications to the Application and Software
Triptop may, either partially or in its entirety and without being obligated to provide
prior notice — modify, adapt or change the the Application’s features, the user
interface and design, the extent and availability of the contents in the Application and any
other aspect related to the Application. You will have no claim, complaint or demand against
Triptop for applying such changes or for failures incidental to such changes.
Termination of Application
Triptop may, at any time, terminate the provision of the Application in its entirety or
any part thereof, temporarily or permanently, at its sole discretion.
Modifications of these Terms
Triptop may modify these Terms from time to time. If fundamental changes are introduced, a
notice will be posted in the updated version of the Software as well as on the Application’s
home page on the Application. Your continued use of the Application after the Terms have been
modified signifies your assent to the updated Terms. If you dissent to the updated Terms or
to any term within them, you must discontinue all further use of the Software.
Governing law and jurisdiction
These Terms, the Software and the Application will be governed solely by the laws of Nevada,
without giving effect to any conflicts of law principles. Any dispute, claim or controversy
arising out of, connected with or relating to these Terms, the Software and the Application,
will be under the exclusive jurisdiction of the court of Nevada.
Should you desire to file any cause of action against Triptop, arising out of or related to
the Triptop Software or Application, you must do so within one (1) year of the day you become
aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe
will bring about the permanent barring of the cause of action, and will constitute your
complete and final waiving of the lawsuit.
Assignment of rights
You may not assign or transfer your rights in and to the Application, without the prior
written consent of Triptop. Triptop may assign its rights in and to the Application to a third
party at its sole and absolute discretion, provided that the third party undertakes
Triptop’s obligations to you under these Terms.
These Terms, together with the policies that are an integral part of these Terms and the
Triptop concerning the Triptop Application. In the event of an inconsistency between these
Terms and the synopsis of terms presented to the user during Software installation,
these Terms shall prevail.
No legal relationship
the Application, do not, and shall not be construed as creating any relationship, partnership,
joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and
of any kind between the parties hereto. Your use of the Application is intended for your
enjoyment and benefit and the provision of the Application to you (subject to your compliance
with these Terms) constitutes the sole and sufficient consideration that you are entitled to
receive for any Content or other contributions you have made to the Triptop Application,
its contents, maps and any other data.
You may contact us concerning any question about the Application, through email
firstname.lastname@example.org or through “Provide Feedback”
page of the Application.
Effective as of May 14, 2016