We may take any legal action and implement any technical remedies we deem appropriate to prevent the violation of this provision and to enforce the Terms of Service.
As part of the Services, you may have the opportunity to submit, upload, post, digitally publish, publicly display and/or otherwise transmit ratings, comments and/or other text, images, photos, graphics, videos and/or other content on/through the Site and Services (hereinafter, “User Content”). We reserve the right, but not the obligation to monitor the Site and Services and to remove any User Content, as we deem appropriate in our sole discretion. OutTrippin shall not be responsible for any failure or delay in removing any User Content. Likewise, by accepting or allowing you to provide any User Content, OutTrippin is not obligated to make the User Content available to the public, and we reserve the right not to do so for any reason, in our sole discretion.
By submitting User Content, you represent and warrant that you have the right to and hereby do grant OutTrippin, its partners, contractors, and all other users of our Site and Services an irrevocable, perpetual, royalty-free, fully paid up, sub-licensable, worldwide license to use, exploit, copy, publicly display, digitally publish and otherwise distribute your User Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, your User Content. This license is non-exclusive. OutTrippin does not endorse the opinions, recommendations or advice expressed in any User Content.
- You are solely responsible for your User Content, including for the legality, reliability, appropriateness, originality and copyright thereof;
- You may not post, publish, distribute or reproduce in any way any material subject to copyright, trademark or other third party proprietary rights of any kind without first obtaining all necessary consents, licenses and permissions in writing from the owners thereof;
- You may not submit any User Content that infringes, misappropriates or violates the publicity, privacy or any other rights of a third party;
- You may not provide any User Content that falsely expresses or implies that such material is sponsored or endorsed in any way by OutTrippin or any Travel Provider;
- You may not provide any User Content that is unlawful or that promotes or encourages illegal activity or, as determined in the sole discretion of OutTrippin, which is false or intentionally misleading; threatening, obscene, defamatory, patently offensive or which promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
- You may not submit any User Content that involves the transmission of unsolicited mass mailing or “spamming” or which solicits or is designed to solicit personal information from anyone under the age of 18 or to exploit the image or the likeness of any individual under the age of 18;
- You understand and agree that OutTrippin may but in not obligated to review and delete any User Content that in the sole judgment of OutTrippin violates the Terms of Service or which we otherwise deem offensive, illegal or that might violate the rights of, harm, or threaten the safety of other users; and
OutTrippin reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Site, terminating the membership of and blocking use of the Services and/or the Site by such violators, and reporting such activities to law enforcement authorities.
Our Copyright Dispute Policy
OutTrippin respects the intellectual property of others and requires that our users do the same. It is our policy to terminate the membership of repeat infringers. If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Copyright Agent listed below:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the OutTrippin Site (providing the URL(s) of the claimed infringing material satisfies this requirement);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and your physical or electronic signature.
Our Designated Copyright Agent for notification of claimed infringement can be reached by Contact Us page.
Links to Other Websites
The Site may contain advertisements and/or links to other websites, including to those of certain Travel Providers (“Third Party Sites”). These links are provided solely for the convenience of our users. OutTrippin does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, you do so at your own risk. Once you access a Third Party Site through a link on our Site, you may no longer be protected by these Terms of Service and you may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site, or relating to any software you use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. OutTrippin bears no responsibility for any action associated with any Third Party Site. Moreover, OutTrippin does not imply an affiliation with any Travel Provider or other Third Party’s Site.
Except for your User Content, all of the content available on or through the Site, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, is owned and/or controlled by OutTrippin, individual Travel Providers or other licensors or Site users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain our proprietary information. Subject to and conditioned upon your compliance with these Terms of Service, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the aforementioned content for personal, non-commercial purposes only, and we do not transfer any intellectual property or other rights to you by virtue of permitting your use of the Site or Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish, (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services, in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, we do not grant you any express or implied rights, and all rights in the Site and Services not expressly granted by us to you are retained by us.
Disclaimer of Warranties
IF YOU ACCESS OUR SITE OR USE ANY OF OUR SERVICES, INCLUDING IF YOU BOOK ANY TRIP, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE OR SERVICES OR ANY TRIP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. ALL BOOKINGS FOR TRIPS MADE ON/THROUGH THE SITE ARE MADE WITH INDIVIDUAL THE TRAVEL PROVIDERS CONCERNED AND NOT WITH OutTrippin. OutTrippin IS NOT A PARTY TO ANY CONTRACT BETWEEN ANY USER AND ANY TRAVEL PROVIDER AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY IN RESPECT OF ANY SUCH CONTRACT, WHETHER DIRECTLY OR INDIRECTLY.WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY TRAVEL PROVIDERS OR ANY OTHER USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE OR SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, OutTrippin MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. OutTrippin DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL OutTrippin, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR SERVICES.
Limitations on Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, IN CONNECTION WITH ANY TRIP OR ANY TRANSACTION, COMMUNICATION OR OTHER INTERACTION BY OR BETWEEN YOU AND ANY TRAVEL PROVIDER, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH OUR SITE OR SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You shall defend, indemnify and hold harmless OutTrippin (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 Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms of Service by you or anyone to whom you give your Credentials.
We may, in our sole discretion, immediately terminate your access to and block your use of the Site or Services or any portions thereof, at any time, without prior notice and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon termination of these Terms of Service, your right to access and/or use the Site or Services will immediately cease, and we may immediately deactivate or delete your Credentials, and all related information and files associated with your account. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or Services. Except for the license to access and use the Site and Services granted to you by OutTrippin herein, the rights and obligations of the parties as set forth in these Terms of Service shall survive termination.
Choice of Law and Dispute Resolution
The Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Victoria as applied to contracts made and performed entirely within Victoria, without giving effect to any conflicts of law statutes. Any controversy, dispute or claim arising out of or related to the Terms of Service, the Site or the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of Victoria and the County of Victoria. Any and all disputes that you may have with OutTrippin shall be resolved individually, without resort to any form of class action.
You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you do not qualify under these terms, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. The Site is administered in the United States; any use outside of the United States is at the user’s own risk and users are responsible for compliance with any and all applicable federal, state, local and international laws applicable to their use of the Services or the Site.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the Terms of Service to anyone else and any attempt to do so shall be null and void.