TravTriv.ca and Trav Trip App

Terms and Conditions

THIS TERMS OF SERVICE AGREEMENT (THE “TERMS OF SERVICE” OR “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN TRAV TRIV INC. (“TRAV TRIV”, “WE,” “US,” OR “OUR,”), THE OWNER AND OPERATOR OF THE WWW.TRAVTRIV.CA WEBSITE (THE “SITE”) AND THE RELATED TRAV TRIV MOBILE APPLICATION(S) [“MOBILE APPLICATION(S)”] AND EACH AND EVERY USER (“USER”, “USERS”, “YOU” OR “YOUR”).

THESE TERMS PROVIDE THE BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND RELATED MOBILE APPLICATION(S), INCLUDING ALL SERVICES, FEATURES, AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE AND/OR RELATED MOBILE APPLICATION(S) (COLLECTIVELY, WITH THE SITE AND RELATED MOBILE APPLICATION(S), THE “TRAV TRIV SERVICES” OR “SERVICES”), AND, IF OR WHEN APPLICABLE, YOUR PURCHASE OF THIRD PARTY GOODS OR THIRD PARTY SERVICES.

BY ACCESSING AND USING ANY OF THE TRAV TRIV SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THESE TERMS.

IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE TRAV TRIV SERVICES.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN TRAV TRIV AND USERS MUST BE RESOLVED.

Use of Services.

Trav Triv may add to, change or remove any part of the Trav Triv Services, including, without limitation, any functionality, information, text, images, graphics, interfaces, audio and video clips, barcodes, video, data, hyperlinks, displays, and other materials displayed through the Trav Triv Services (collectively, the “Content”) therein, at any time without prior notice to You.

These Terms shall always apply to the User’s utilization of the Services.

Incorporation of Related Apple and Android Terms.

These Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Agreement therein (“Apple Terms”). Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Services. Further, these Terms incorporate and supplement the Google, Inc. Android (“Android”) Market Terms of Service (available at http://www.google.com/mobile/adroid/market-tos) and the Google Play Developer Distribution Agreement (available at https://play.google.com/about/developer-distribution-agreement.html#showlanguages), (“Android Terms”). Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Services.

User License.

Subject to these Terms, Trav Triv grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Trav Triv Services for personal use only (“User License”). Any use of the Services in any other manner, including, without limitation, resale, transfer, modification or distribution of the Trav Triv Services or Content is prohibited. These Terms and User License also govern any updates to, or supplements or replacements of the Trav Triv Services, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply (as shall be clearly stated therein).

User Information.

Trav Triv Services may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including Payment Method information), GPS location information, and information for and from third-party social-media accounts including all content subject to copyright and/or trademark protection (collectively “User Information”). By acknowledging and agreeing to these Terms, or by using the Trav Triv Services, User consents to the transmission of User Information to Trav Triv, including its authorized service providers, agents and third parties, and consents to Trav Triv, including authorized service providers, agents and third parties, receiving, collecting, storing, processing, transmitting, and using User Information as part of the Trav Triv Services.

Users are solely responsible for taking precautionary steps to protect User Information stored on their respective electronic devices and/or electronically transmitted using the Internet.

Unless attributable to Trav Triv’s intentional misconduct, Users are solely responsible for all agreements to pay, payments and losses resulting from transactions and activities undertaken using, in connection with or suggested by the Trav Triv Services.

Users agree to immediately notify Trav Triv of any suspected or actual unauthorized transactions associated in any way with the Trav Triv Services, including any form or suspected or actual breach of reasonable commercial and personal information security standards.

Trav Triv may use location data from Users’ electronic devices, including metadata, and any other information contained as or within Content.

Prohibited Uses.

Users are prohibited from using the Trav Triv Services in any way that:

1. Harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights);

2. Is unlawful, fraudulent, or deceptive;

3. Uses technology or other means to access unauthorized content or non-public spaces;

4. Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public data;

5. Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

6. Attempts to damage, disable, overburden, or impair Trav Triv Services, any server(s) or any network(s);

7. Attempts to gain unauthorized access to any computer network;

8. Attempts to gain unauthorized access to any User accounts;

9. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

10. Violates these Terms in any manner; or

11. Fails to comply with applicable third party terms and conditions or other third party policies

Prohibited Use of Site and Mobile Application(s).

Users shall not post or transmit anything on this Site and related Mobile Application(s) which violates any applicable law or regulation, or creates any criminal or civil liability of any kind whatsoever including but not limited to any obscene, pornographic, libelous, slanderous, defamatory statements, information, or other illegal materials. Users agree to use the Site and related Mobile Application(s) only for lawful purposes.

We may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of any of the Trav Triv parties, its Users or service providers.

We reserve the right, but do not have the obligation, to monitor all use of this Site and related Mobile Application(s) and to restrict or terminate use of the Site and related Mobile Application(s) or modify or remove any information found on the Site and related Mobile Application(s) for any reason whatsoever in our sole discretion.

The foregoing shall collectively describe “Acceptable Use” of the Site and the Mobile Application(s).

Trav Triv reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Trav Triv Services that Trav Triv reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

User-Generated Content.

Users may generate content, written or otherwise, while using the Trav Triv Services (“User-Generated Content”). Users acknowledge and agree that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Trav Triv, its authorized service providers, agents and third parties. Users grant Trav Triv, its authorized service providers, agents, third parties, assigns and successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Content. User further acknowledges and agrees that Users collectively, and each User alone, are or is responsible for the development, integrity and authenticity of User-Generated Content.

Acceptable Use/User-Generated Content Requirements.

Please keep the following in mind when submitting photos and videos through the Site or related Mobile Application(s):

1. To submit a photo or video, you must be at least 18 years of age;

2. You must be the copyright holder or have permission of the owner to submit the photo or video;

User Name and Password.

Each User is solely responsible for his, her or its name and password and maintaining the security thereof. Trav Triv is not responsible for any claims, damages, or losses a User suffers by reason of unauthorized use of a password by others.

Feedback; Grant of License.

If you send feedback to us (comments, questions, documents, suggestions, etc.) you thereby grant us the absolute perpetual and non-revocable right and license, without compensation, royalty, or attribution, to use such feedback in any manner desired by us, including but not limited to modifying, publishing, distributing, exploiting and/or using such feedback in the development and marketing of new products and services.

WARRANTIES AND DISCLAIMERS

WARRANTY DISCLAIMER.

THIS SITE AND RELATED MOBILE APPLICATION(S), ARE SERVICES PROVIDED BY TRAV TRIV INC. THE SERVICES ARE PROVIDED STRICTLY ON AN AS-IS AND AS-AVAILABLE BASIS. TRAV TRIV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF TITLE TO GOODS OR PROPERTY, THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE AND RELATED MOBILE APPLICATION(S), THAT ACCESS TO OR OPERATION OF THE SITE AND RELATED MOBILE APPLICATION(S) WILL BE UNINTERRUPTED OR FREE OR DEFECTS OR ERRORS, OR AS TO THE RELIABILITY, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THIS SITE AND RELATED MOBILE APPLICATION(S) OR ANY THIRD PARTY SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRAV TRIV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USERS EXPRESSLY AGREE THAT USE OF THIS SITE AND RELATED MOBILE APPLICATION(S) ARE AT USERS’ OWN RISK. TRAV TRIV IS RESPONSIBLE ONLY FOR WHAT WE DIRECTLY PROVIDE TO YOU, AND ONLY TO THE EXTENT PROVIDED IN THESE TERMS AND CONDITIONS. TRAV TRIV IS NOT RESPONSIBLE FOR AND DOES NOT MAKE REPRESENTATIONS OR PROVIDE WARRANTIES OF ANY KIND FOR ANY GOODS, SERVICES, OR ANYTHING ELSE PROVIDED BY THIRD PARTIES. THIS PROVISION SHALL BE ENFORCED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.

EXCLUSION AND LIMITATION OF LIABILITY.

NONE OF THE TRAV TRIV PARTIES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES TO USERS OR ANY OF USERS’ FAMILY MEMBERS OR PASSENGERS FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITY COSTS, LOSS OF USE, OR LOSS OF BUSINESS, EVEN IF ANY OR ALL OF THE TRAV TRIV PARTIES WERE NOTIFIED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES OCCURRING. THESE EXCLUSIONS AND LIMITATIONS SHALL BE ENFORCED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.

THE PROVISIONS OF THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, OR TYPE OF CLAIM, ACTION, DAMAGE, LOSS, LIABILITY, COST, OR EXPENSE, REGARDLESS OF WHETHER IT BE AN ACTION IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR BASED ON CONTRACT, STATUTE, OR ANYTHING ELSE.

Indemnification.

Users shall defend, indemnify, and save harmless the Trav Triv Parties from any and all claims, actions, damages, losses, liabilities, costs, expenses, including without limitation attorney’s fees and litigation costs and expenses, incurred by the Trav Triv Parties as a direct or indirect result of any breach by Users of these Terms and Conditions, or arising out of or in connection with your willful misconduct, negligent or fraudulent use of this Site and related Mobile Application(s), or any other website you enter via a link from this Site and related Mobile Application(s), or out of use of or reliance upon the Site and related Mobile Application(s), to the fullest extent allowed by applicable law. Trav Triv may, in its sole discretion, defend, compromise, or settle any such or claim or action and you shall be bound thereby. Nothing herein shall be deemed or construed to constitute a limitation or waiver of any other rights and remedies available under these Terms and Conditions, or law, or regulation to Trav Triv or the other parties indemnified under this section.

Choice of Law.

This Agreement is governed by the laws of the Province of Alberta, Canada, without regard to its conflicts of laws rules. The exclusive jurisdiction and venue for any and all disputes arising out of use of this Site and related Mobile Application(s), or these Terms and Conditions (including the Privacy Policy), shall be in the Courts of the Judicial District of Edmonton, Alberta, Canada. For utmost clarity, no foreign laws shall apply in any way or to any extent. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.

GENERAL PROVISIONS

Privacy Policy.

The use of this Site and related Mobile Application(s) is governed by the terms of our Privacy Policy.

Entire Agreement.

These Terms are the full and final expression of the intent of Trav Triv and constitute the entire agreement and understanding between Trav Triv and each User. These Terms supersede all prior and contemporaneous oral or written agreements or understandings concerning the subject matter hereof.

Severability.

In the event that any one or more of the provisions of these Terms shall be held invalid, illegal, or unenforceable in any respect, such provisions shall be adjusted rather than voided, if possible, in order to achieve the express intent of Trav Triv; and in any event, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

Force Majeure.

If Trav Triv is delayed or prevented from performance of any obligation under these Terms by any act of God, weather conditions, fire or other casualty, internet, computer or telecommunication problems, laws or regulations, war, or any other circumstance beyond Trav Triv’s reasonable control, Trav Triv will be excused from performance of such obligation without limitation or exception whatsoever.

Headings and Captions.

The headings and contained in these Terms are for convenience only and shall not be considered or referred to in resolving questions of interpretation.

Forbearance, Waiver.

Any failure of Trav Triv to pursue any legal or equitable remedy or right available to it shall not constitute a waiver of such right, nor shall any such forbearance, failure, or actual waiver imply or constitute waiver of subsequent default or breach. No waiver of a breach of any provision of these Terms by Trav Triv shall be construed to be a waiver of any breach of any other provision of these Terms or of any succeeding breach of the same provision. No delay by Trav Triv in acting with regard to any breach of any provision of these Terms shall be construed to be a waiver of such provision by Trav Triv.

Changes to Site and Related Mobile Application(s).

Trav Triv reserves the right to make changes at our discretion and without prior notice to any portion of this Site and related Mobile Application(s) including but not limited to content, policies, Terms and Conditions, or any others. USERS’ CONTINUED USE OF THIS SITE OR SERVICES INCLUDING THE RELATED MOBILE APPLICATION(S) WILL CONSTITUTE USERS’ ACCEPTANCE OF AND AGREEMENT TO ANY SUCH CHANGES.