1. Acceptance Of Terms
TripSketch Corporation ("TripSketch") provides the following service to you, subject to the following Terms of Service ("TOS"), which may be updated periodically without prior notice.
2. Description Of Service And Accesability
TripSketch is a web-based service that allows its users to access specialized travel information (herein referred to as "TripSketch", or the "Service"). The Service may be used through a web browser or by the use of downloadable clients (the "Software"). Once registered with TripSketch, each user receives access to the service upon the terms set forth herein solely for your own use, and not for the use or benefit of any third party. TripSketch may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. TripSketch may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. The Service is proprietary to TripSketch and is protected by intellectual property laws and international intellectual property treaties, including copyright protection, and none of the content or data found on the Website may be reproduced, sold, transferred, or modified without the express written permission of TripSketch. TripSketch owns all right, title, and interest in and to TripSketch software and technology.
TripSketch agrees to provide you with non-exclusive access to or use of the Service, You agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which TripSketch may undertake from time to time; or (iii) causes beyond the control of TripSketch or which are not reasonably foreseeable by TripSketch. You may download or copy the Content, and other items displayed on the Site for download, for personal use only. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from TripSketch, or from the copyright holder identified in such Content's copyright notice.
If you contribute Content to the Site, TripSketch is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights". To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by TripSketch and agree not to assert any Moral Rights with respect thereto. You warrant, represent and agree that you will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. TripSketch reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if TripSketch is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
3. Representations And Warranties
You represent and warrant to TripSketch that: (a) you are over the age of thirteen (13) and (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth at Section 4.
4. Acceptable Use Policy
You are solely responsible for any acts and omissions that occur under your account or password. You agree that you will not use the Service, including information therein and all related networks and network devices (specifically including Internet access) for any unlawful purpose including but limited to any actions that might harass or intimidate other users. TripSketch, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.
6. Modifications to Service
TripSketch reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that TripSketch shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
7. Links and Third Party Services
The Service, or relevant third parties, may provide links to other web sites or access to resources of other service providers and their online materials. Such presentation and links are provided for your reference and convenience only and are not intended to imply any endorsement of the materials or services on such websites or provided by such service providers. Because TripSketch has no control over such sites and resources, you acknowledge and agree that TripSketch is not responsible for the accuracy, completeness, authenticity or availability of such external sites or resources and is not responsible or liable for any content, advertising, services, information, products, or other materials on or available from such sites or resources. You further acknowledge and agree that your use and access to other sites and externally provided resources is at your own risk and TripSketch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.