Terms of Use

Welcome to Triptop!

EAN Affiliate Program Agreement

These Terms of Use (“Terms”) govern your rights and obligations regarding the use of  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.

By using the Triptop Application, you signify your assent to these Terms; Triptop’s Privacy Policy (“Privacy Policy”) and Community Guidelines (“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.

Use restrictions

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.

Termination/access restriction

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.

User content

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.

Intellectual property

  1. Triptop Content
    Your use of the Application and the services provided therein and thereby is governed by the terms of these Terms of Service.
  2. Registered User Content.
    1. 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.
    2. 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.
    3. 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.
    4. 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.
  3. Removal of Content for which Copyright Infringement Is Claimed.
    1. 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 info@triptop.co.
    2. 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:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
      6. 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.
      7. 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.
    3. 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

  1. Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
    1. 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.
    2. to be fully responsible and liable for any action of any user who uses your Account.
    3. not to use the Account, username, or password of another Registered User that you are not expressly authorized to use.
    4. not to allow any third party who is not authorized to do so to use your Account at any time.
    5. 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.
    6. not to intercept or expropriate any system, data or personal information from the Application.
    7. 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.
    8. that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
    9. that they are using the Application solely for the purpose of entering into a bona fide business transaction with other Registered Users.
    10. 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.
    11. 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.
    12. 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.
    13. 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”).
    14. 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.
  2. 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:
  3. 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.

Copyright

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.

Export control

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.

Privacy

Triptop respects your privacy during your use of the Software and the Application. Our updated privacy policy pertaining to the Software is readily accessible at www.triptop.co/privacy_policy and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, 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.

Limitations

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.

Complete Terms

These Terms, together with the policies that are an integral part of these Terms and the Privacy Policy shall all constitute the entire and complete agreement between you and 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

These Terms of Use and your use of the Application, including the submission of Content onto 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.

Contact us

You may contact us concerning any question about the Application, through email info@triptop.co or through “Provide Feedback” page of the Application.

Effective as of May 14, 2016