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tripFiles™ llc (“tripFiles”, “we” or “us”) terms of use

These terms and conditions (the “terms”) are a legal contract between you and trip files. the terms explain how you are permitted to use the website located at the url: www.tripfiles.com as well as all associated sites linked to www.tripfiles.com by trip files, its subsidiaries and affiliated companies (collectively, the “site”). unless otherwise specificed, all references to “site” include the content, services available through this site (the “services”) and any software that trip files provides to you that allows you to access the site from a mobile device (a “mobile application”). by using this site, you are agreeing to all the terms; if you do not agree with any of these terms, do not access or otherwise use this site or any information contained on this site.

Note: these terms contain a dispute resolution and arbitration provision, including class action waiver that affects your rights under these terms and with respect to disputes you may have with tripFiles™. you may opt out of the binding individual arbitration and class action waiver as provided below.

Changes

TRIPFILES™ may make changes to the content and Services offered on the Site at any time. TRIPFILES™ can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after TRIPFILES™ has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

General Use

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless TRIPFILES™ if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to TRIPFILES™ or the Site.

TRIP FILES™ provides content through the Site that is copyrighted and/or trademarked work of TRIPFILES™ or TRIPFILES’ third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, TRIPFILES™ hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Mobile Applications

TRIP FILES makes available Mobile Applications to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. TRIP FILES does not warrant that the Mobile Application will be compatible with your mobile device. TRIP FILES hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that TRIP FILES may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and TRIP FILES and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that TRIP FILES provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by Trip Files, LLC. If you have a question or complaint regarding the Site or Service, please contact Customer Service at Support@Tripfiles.com . You may also contact us by writing at Trip Files LLC, Attn: Stephan Medina, 133 Sevilla Ave., Coral Gables FL 33134. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Geo-Location Terms

The Services include and make use of certain functionality and services provided by third-parties that allow TRIP FILES to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

Using the Site and the Services on the Site

You can simply view the Site. You need not register with TRIP FILES to simply visit and view the Site.

However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (such as to save and post photos, videos, notes, comments and reviews), you must register with TRIP FILES for an account and create a password.

Password Restricted Areas of this Site

If you desire to register for an account with TRIP FILES, you must submit the following information through the account registration page on the Site: name, e-mail address and password. Once you have submitted your account registration information, TRIP FILES administrator shall have the right to approve or reject the requested registration, in TRIP FILES administrator’s sole discretion.

Currently, TRIP FILES also provides you with the ability to register for an account on the Site using your existing account and log-in credentials through the following Third-Party Sites (as defined below), which may change from time to time: Facebook (each, a “Third-Party Site Password”).

You are responsible for maintaining the confidentiality of your password and any Third-Party Site Password (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify TRIP FILES if any of your Passwords on this Site are lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.

System Requirements

You must have a broadband Internet connection and the browser and media players set forth on under System Requirements to view the Site and make use of certain Services and Materials.

Privacy Policy

Please review TRIP FILES Privacy Policy (the “Privacy Policy”) which explains how we use information that you submit to TRIP FILES.

The use of Geo-Location Services is subject to the terms of the then current Google privacy policy (http://www.google.com/privacy.html).

Submissions

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in TRIP FILES Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to TRIP FILES a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works from, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. TRIP FILES agrees to use any personally identifiable information contained in any of your Submissions in accordance with TRIP FILES’ Privacy Policy.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require TRIP FILES to monitor, police or remove any Submissions or other information submitted by you or any other user.

Unauthorized Activities

When using this Site and/or the services, you agree not to:

This list of prohibitions provides examples and is not complete or exclusive. TRIP FILES reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that TRIP FILES determines is inappropriate or disruptive to this Site or to any other user of this Site. TRIP FILES may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at TRIP FILES’ discretion, TRIP FILES will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.

You agree to indemnify and hold TRIP FILES and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) TRIP FILES or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Proprietary Rights

TripFiles® is a registered trademark of TRIP FILES in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of TRIP FILES, Copyright © 2014 TripFiles. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

The Mobile Application software that is provided to you through the Site and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Intellectual Property Infringement

TRIP FILES respects the intellectual property rights of others, and we ask you to do the same. TRIP FILES may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide TRIP FILES’ designated agent the following information:

TRIP FILES’ agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: