Last Updated: October 31, 2011
IMPORTANT! THIS IS A CONTRACT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE.
These Terms and Conditions of Use (these "Terms") create a binding legal agreement between you and TripBucket, Inc., a Delaware corporation
("TripBucket", "Company", "us" or "weWebsite").
BY USING THIS WEBSITE AND/OR BY ACCEPTING ANY INFORMATION FROM THIS WEBSITE, YOU AGREE TO ALL OF THESE TERMS AS SET FORTH BELOW.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE EXIT AND DO NOT USE THIS WEBSITE.
In addition, the information and features included in this Website have been compiled from a variety of sources and are subject to change at any time without notice. By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
By accessing this Website, located at http://www.tripbucket.com,
or by using any services provided in connection with this Website (the "Services"), you agree to abide by these Terms, as these Terms may be amended,
modified, altered or otherwise changed by TripBucket from time to time in its sole discretion. TripBucket will post a notice on this Website at any time
that these Terms have been amended, modified, altered or otherwise changed. It is your responsibility to review these Terms periodically; and,
if at any time you find that these Terms are unacceptable, then you must immediately leave this Website and cease all use of the Services and this Website.
YOU AGREE THAT, BY ACCESSING THIS WEBSITE AND/OR BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY
ABLE TO ENTER INTO THIS AGREEMENT.
Notice Concerning Children.
This Website is a general audience website, and we do not direct any of our content specifically at children who are under thirteen (13) years of age.
We understand and are committed to respecting the sensitive nature of children's privacy online. If we learn or have reason to suspect that a Website user
is under age thirteen (13), then we will promptly delete any personal information in that user's profile.
TripBucket respects your privacy and, to the extent practicable, permits you to control the treatment of your personal information.
Certain areas of this Website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content.
however, if you elect not to provide such information, then you may not be able to access certain content or participate in certain features of this Website. When you provide
information to this Website, you agree to provide only true, accurate, current and complete information. If you register with this Website, then you agree to accept responsibility
for all activities that occur under your account or password, if any, and agree that you will not sell, transfer or assign your membership or any membership rights.
You entirely are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access
the password protected portion of this Website using your name in whole or in part. You may not use the account, username or password of someone else at any time.
You agree to notify TripBucket immediately upon any unauthorized use of your account, user name or password. TripBucket shall not be liable for any loss that you
incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by TripBucket, its
affiliates, partners, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. Company may,
in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
Use of Software. TripBucket may make certain software available to you from this Website. If you download software from this Website, then the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by TripBucket, for your personal, noncommercial, home use only. TripBucket does not transfer either the title or the intellectual property rights to the Software, and TripBucket retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos relating to the Software are owned by TripBucket or its licensors and you may not copy or use them in any manner.
TripBucket's Proprietary Rights. This Website and all of the content that it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material"), are owned by or licensed to TripBucket or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other proprietary rights and laws and by international treaties. You acknowledge and agree that this Website, the Services and the Material are and shall remain the property of TripBucket and/or its licensors, and are protected by such rights, laws and treaties.
Unless expressly permitted in writing by TripBucket, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in these Terms or on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of TripBucket or such third party that may own the Material or intellectual property displayed on this Website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by these Terms will constitute a violation of these Terms and may constitute copyright and/or patent infringement.
Trade names, trademarks and service marks of TripBucket or its affiliates include, without limitation, "TripBucket," "tripbucket.com" and any associated logos. All trade names, trademarks and service marks on this Website that are not owned by TripBucket or its affiliates are the property of their respective owners. The trade names, trademarks and service marks owned by TripBucket or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not a product or service of TripBucket or one of its affiliates, or in any other manner that is likely to cause confusion or dilution. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any right or license to use any trade names, trademarks or service marks of TripBucket or its affiliates without prior express written permission of TripBucket or its relevant affiliates.
You agree not to use the Material for any unlawful purposes and not to violate Company's rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of this Website by other members, including without limitation by attempting to access administrative areas of this Website. You agree to report any violation of these Terms by others, of which you become aware. You are advised that Company will aggressively enforce its rights to the fullest extent of the law. Company may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
User Forums. Forums, bulletin boards, chat rooms or other interactive areas that may be offered on this Website ("User Forums") are provided to give users a forum to express their opinions and share their ideas and information ("Community Content"). Company does not endorse the Community Content posted in User Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through a User Forum. Company does not and cannot review every message posted by users in the User Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. Company reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to this Website for any reason in Company's sole discretion. You understand that any content that you post and/or upload on this Website will be considered a submission for purposes of these services. In addition, Company may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Company or to protect the safety of our users or the public. In no event does Company assume any obligation to monitor the User Forums or remove any specific material.
You understand that the uploading to and/or posting of any Community Content in any User Forum shall not be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any Community Content. Without limitation of the foregoing, Company exclusively shall own all now known or hereafter existing rights to the Community Content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Community Content in any and all media, now known or hereafter devised, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the Community Content. ??You agree to indemnify Company for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any Community Content to any User Forum or submitting any Community Content to Company, or your failure to comply with the above guidelines.
Compliance with Intellectual Property Laws. When accessing this Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of this Website and the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to post, upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content that you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
Inappropriate Content. You agree not to upload, download, display, perform, transmit or otherwise distribute or make available any Content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or that is a solicitation for goods or services. TripBucket reserves the right to terminate your receipt, transmission or other distribution of any such Content using the Services, and, if applicable, to delete any such Content from its servers. TripBucket intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
Copyright Infringement. TripBucket has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on this Website or with the Services. TripBucket has adopted a policy that provides for the immediate suspension and/or termination of any Website user or user of the Services who is found to have infringed on the rights of TripBucket or of a third party, or otherwise violated any intellectual property laws or regulations. TripBucket's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated, and you want TripBucket to delete, edit or disable the material in question, then you must provide TripBucket with proper notification of the alleged violation(s). Such notification must contain all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) 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; (c) identification of the material that is claimed to be infringed 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 TripBucket to locate the material; (d) information reasonably sufficient to permit TripBucket to contact you, such as an address, telephone number and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For such notification to be effective, it must be received by TripBucket at the following address:
1041 Market Street #147
San Diego, CA 92101
Attention: Corporate Secretary
Telephone: (855) 422-2777
Facsimile: (619) 923-7666
Alleged Violations. TripBucket reserves the right to terminate your use of this Website and/or the Services at any time in its sole discretion. To ensure that TripBucket provides a high quality experience for you and for other users of this Website and the Services, you agree that TripBucket or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights or other unauthorized uses of this Website or the Services. TripBucket does not intend to disclose the existence or occurrence of such an investigation unless required by law, but TripBucket reserves the right to terminate your account or your access to this Website immediately, with or without notice to you, and without liability to you, if TripBucket believes that you: (a) have violated any of these Terms; (b) furnished TripBucket with false or misleading information; or (c) interfered with the use of this Website or the Services by others.
NO WARRANTIES. TRIPBUCKET HEREBY DISCLAIMS ALL WARRANTIES. TRIPBUCKET IS MAKING THIS WEBSITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIPBUCKET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TRIPBUCKET DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY. TRIPBUCKET'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRIPBUCKET, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE AFFILIATES, AGENTS, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER MATERIAL OR SERVICES PROVIDED TO YOU BY TRIPBUCKET, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL TRIPBUCKET BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS (US$50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU. MOREOVER, UNDER NO CIRCUMSTANCES SHALL TRIPBUCKET, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE AFFILIATES, AGENTS, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND ITS OR THEIR REASONABLE CONTROL.
BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES SUBSTANTIALLY AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
WE MAY TERMINATE YOUR FURTHER ACCESS TO THIS WEBSITE OR CHANGE THIS WEBSITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Affiliated Websites and Links. TripBucket has no control over, and no liability for any third-party websites or materials. From time to time, TripBucket may work with a number of partners and/or affiliates whose Internet websites may be linked with this Website. Because neither TripBucket nor this Website has control over the content and performance of these third-party websites, TripBucket makes no guarantees about the accuracy, currency, content or quality of the information provided by such websites, and TripBucket assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those websites. Similarly, from time to time, in connection with your use of this Website, you may have access to content items (including, but not limited to, other websites) that are owned by third parties. You acknowledge and agree that TripBucket makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third-party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third-party content. Unless otherwise set forth in a written agreement between you and TripBucket, you must adhere to TripBucket's linking policy, which is as follows: (i) any link to this Website must be a text only link clearly marked "TripBucket Website;" (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with TripBucket's names and trademarks; (iii) the link must "point" to http://www.tripbucket.com and not to other pages within this Website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with TripBucket; (v) when selected by a user, the link must display this Website on full-screen and not within a "frame" on the linking website; and (vi) TripBucket reserves the right to revoke its consent to the link at any time and in its sole discretion.
Electronic Mail. You may send electronic mail to those addresses made available on this Website for the purposes of: (a) requesting alerts or other news notification services; (b) submitting voluntary survey responses; (c) responding to or making inquiries regarding TripBucket events; (d) requesting information regarding TripBucket or legal or other services offered by TripBucket; and (e) inquiring about employment opportunities with TripBucket. You agree to cease sending electronic mail to any TripBucket electronic address upon our request.
Prohibited Uses. TripBucket imposes certain restrictions on your permissible use of this Website, the Material and the Services. You are prohibited from violating or attempting to violate any security features of this Website, the Material or the Services, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Services, the Material, this Website or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to this Website or the Services, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) using this Website or the Services to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by TripBucket in providing this Website, the Material or the Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Indemnity. You agree to indemnify TripBucket for certain of your acts and omissions. You agree to defend, indemnify and hold TripBucket, its affiliates, resellers, distributors, services providers and suppliers, and each of their respective partners, officers, directors, employees, consultants, agents and representatives, from and against all claims, losses, costs, damages, liabilities and expenses (including but not limited to attorneys' fees) arising out of: (a) your activities in connection with this Website, the Material or the Services; (b) any violation of these Terms by you; (c) any improper or unauthorized use of this Website, the Material or the Services by you; or (d) any allegation that anything you transmit through or in connection with this Website, the Material or the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other rights of any third party.
Copyright. This Website is protected by U.S. and foreign copyright laws. Except for your information and personal, non-commercial use as authorized herein, you may not modify, reproduce or distribute the design or layout of this Website or individual sections of the design or layout of this Website or any of the content within this Website without TripBucket's prior written permission.
Governing Law. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego, California in all disputes arising out of or related to the use of this Website, the Material or the Services. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, then all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
No License. Nothing contained on this Website should be understood as granting you a license to use any of the trademarks, service marks or logos owned by TripBucket or by any third party.
California Use Only. This Website is controlled and operated by TripBucket from its offices in the State of California. TripBucket makes no representation that any of the Material or Services to which you have been given access is available or appropriate for use in other locations. Your use of, or access to, this Website should not be construed as TripBucket purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Modifications. TripBucket may, in its sole discretion and without prior notice: (a) revise these Terms; (b) modify this Website, the Material and/or the Services; and/or (c) discontinue this Website, the Material and/or the Services at any time. TripBucket shall post any revisions to these Terms, and the revisions shall be effective immediately upon such posting. You agree to review these Terms and other online policies posted on this Website periodically to be aware of any revisions. You agree that, by continuing to use or access this Website following notice of any revision, you shall abide by any such revision.
ACKNOWLEDGEMENT. BY ACCESSING THIS WEBSITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
©2011 TripBucket, Inc. All rights reserved.