Terms of Service

 

Travel App Ltd. (“Travelmaker”, or “us”, “our”, “we”) provides a social networking service for travelers (the “Service”) available for download and use as an application on mobile phones (the “App”). These Terms of Service (“Terms”) govern your access and use of the App and/or Service. “You” or “Your” means a user of the App and/or Service. By accessing or using the App and/or Service you agree that you have read, understood, accept and agree to be bound by these Terms, as well as our privacy policy, as we may update from time to time a current version of which is available at http://www.trvlmaker.com/privacy-policy (the “Privacy Policy”). If you do not agree to these Terms or the Privacy Policy, do not access or use the App or the Service.

 

Please read these Terms carefully. These Terms govern your access to and use of the App and/or Service. You must accept these Terms prior to using the App and/or Service. By using the App and/or Service (including all Content available through the App and/or Service, as defined below), you signify your assent to both these Terms and our Privacy Policy. Changes may be made to these Terms from time to time, and the amended Terms will be posted on the App. Your continued use of the App and/or Service will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not make any use of the App and/or Service.

 

Use of App and/or Service

 

Travelmaker allows you to access and use the App and/or Service subject to the terms and conditions of these Terms for your personal use only. This does not allow you to make any commercial use of the App and/or Service or Content.

 

Use of and access to the App and/or Service is void where prohibited. By using the App and/or Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older, and (d) your use of the App and/or Service does not violate any applicable law or regulation or any obligation you may have to a third party.  In order to open an account we have the right to request additional information confirming eligibility for subscription and/or membership and you agree to provide that information in response to such a request.

 

You acknowledge that Travelmaker may, in its sole discretion and at any time, discontinue providing the App and/or Service or any part thereof or modify the App and/or Service without notice.

 

Registration

 

To use the App you must connect through Facebook (or another social network that we may choose) and register by creating a profile. We will collect information from your Facebook account in order to generate your profile. When you create a profile, you represent that all information is truthful and correct and that you shall maintain such information as up-to-date. You shall not include any content that is defamatory, libelous, pornographic or otherwise offensive as part of your profile.

 

Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not join Travelmaker again without express permission. You agree to immediately notify Travelmaker of any unauthorized use of your account. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Travelmaker will not be liable for any losses or damage arising from unauthorized use of your account, and you agree to indemnify and hold Travelmaker harmless for any improper or illegal use of your account, including any communications sent and any charges and taxes incurred, unless you have notified us via e-mail to Support@TrvlMaker.com. That your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the App and/or Service.

 

Termination of Account

 

You agree that Travelmaker may for any reason, in its sole discretion and without notice, terminate your account, and remove from the App and/or Service any Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of Travelmaker.

 

If Travelmaker believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the App and/or Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, Content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the App. You may request termination of your Travelmaker account at any time and for any reason by sending an email to Support@TrvlMaker.. Any suspension, termination, or cancellation shall not affect your obligations to Travelmaker and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

 

 

Social Network

 

We use the information that you provide us with respect to your trip location and timing and other interests and preferences in order to help you locate and contact people you may be interested in meeting as well as to provide recommendations to enhance your trip. While we attempt to provide you with useful information as well as safety tips, we cannot and do not represent or warrant that you will find such information appropriate and/or useful, nor do we guarantee that any recommendations we make in terms of people to contact, places to go, equipment to purchase or other ways to be safe are at all safe or reliable.

 

Content

 

Certain types of content may be made available through the App and/or Service, including by means of feeds. “Content” as used in these Terms means, collectively, all content on or made available through the App and/or Service, including, but not limited to, pictures, emojis, recommended contacts, links, sites and activities, safety procedures, travel checklists etc. and other information and/or tips posted by means of the App and/or Service anywhere on the App, whether by us or by any other member or user of the App and/or Service.

 

Travelmaker allows you to communicate with other users and/or third parties and to post Content by means of the App and/or Service, such as without limitation, your photograph, personal description, location, travel plans, links and home region. You are fully and solely responsible for any Content you submit or post by means of the App and/or Service, and represent and warrant that such Content (a) complies with all applicable law, does not infringe third party moral or privacy rights and does not infringe third party intellectual property rights and (b) does not contain any defamatory, libelous, vulgar, obscene or otherwise offensive content. Travelmaker has no obligation to accept, display, review or maintain any Content. Moreover, Travelmaker reserves the rights to remove and permanently delete any Content, including any statements of any user, without notice and for any reason. TRAVELMAKER DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, WHETHER GENERATED BY A USER OR BY TRAVELMAKER, AND TRAVELMAKER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.

 

Travelmaker may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Travelmaker reserves the right to treat user Content as content stored at the direction of users for which Travelmaker will not exercise editorial control except when violations are directly brought to Travelmaker’s attention. Travelmaker has the right to edit, delete, distort or move user Content from the App and/or Service without notice for any reason at any time.

 

Intellectual Property

 

Travelmaker and its licensors own the App and/or Service, including all worldwide intellectual property rights in the App and/or Service and Content, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the App and/or Service or any Content.  You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the App and/or Service or Content. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Travelmaker or any third party.

 

You hereby grant Travelmaker a perpetual, irrevocable, non-terminable, transferrable, worldwide, royalty-free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, display, modify and create derivative works of any Content or part of any Content you submit and grant sublicenses of the foregoing rights. You hereby represent, warrant and covenant that you have all right, title and interest in and to the Content you make available on the Services and that any Content you submit does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified herein.

Notwithstanding any of the above, Travelmaker makes available Content from “Wikitravel” (“Wiki Content”). Travelmaker does not own any of the Wiki Content. The Wiki Content is available under the Creative Commons Attribution-ShareAlike license, which can be found at  https://creativecommons.org/licenses/by-sa/3.0/us/legalcode. Notwithstanding the above, Travelmaker retains all of its rights in Content that is not Wiki Content.

 

Your Responsibilities

 

By using the App and/or the Services, you represent and warrant that you have never been convicted of a felony and are not a registered sex offender. You will treat all users of the App and/or Service with dignity and respect and use any information acquired by means of the App and/or Service in a lawful and responsible manner. It is your sole responsibility to check the accuracy of any facts and opinions given by us or any user on the App and/or Service and/or any third party whom you contact by means of the App and/or Service before undertaking any activities or meeting any other users based upon them. Travelmaker cannot and does not accept any responsibility or liability in respect of the actions or omissions of any users. PLEASE BE AWARE THAT TRAVELMAKER HAS NOT INVESTIGATED THE BACKGROUND, CRIMINAL RECORD OR HISTORY OF ANY USERS AND/OR THE VERACITY OR ACCURACY OF ANY OF THE INFORMATION PROVIDED BY THEM AND DOES NOT HAVE THE TECHNICAL CAPABILITIES TO DO SO. AS SUCH, ANY OF YOUR COMMUNICATIONS, INTERACTIONS AND/OR MEETINGS WITH OTHER USERS IS AT YOUR OWN RISK. Travelmaker reserves the right in its sole discretion to make any background checks or request further information from any user, as permitted by applicable law. Please be aware that Travelmaker’s policy is to make all efforts to cooperate with law enforcement officials regarding any unlawful behavior, and we will share all data as required to cooperate with any law enforcement request. If you believe that any individual is stalking or harassing you or otherwise using your personal information for unlawful purposes please first contact your local law enforcement authorities. If you believe that any individual is stalking or harassing you, using your personal information for unlawful purposes, or violating these Terms, please also contact us Support@TrvlMaker. CONTACTING TRAVELMAKER IS NO SUBSTITUTE FOR CONTACTING THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES. If we determine that your complaint is legitimate, we may take appropriate action such as terminating the account of such individual and/or blocking such individual’s access to our App and/or Service. However, PLEASE NOTE THAT THE APP IS A PLATFORM FOR COMMUNICATIONS BETWEEN THIRD PARTIES. AS SUCH, we accept no liability for any stalking, harassing or illegal behavior by any users of the App and/Service or any third party, whether online or offline. Please be careful and use your common sense.

 

Content Restrictions

 

Without limiting the foregoing, you agree that you will not act in any way or transmit or post any Content that: (a) restricts or inhibits use of the App and/or Service and/or App; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes (or results in the infringement of) Travelmaker’s or any other third party’s intellectual property or other rights; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause Travelmaker to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage Travelmaker or any third party or, without our express prior written consent, implies that Travelmaker endorses any statement you may make; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate. You should notify us promptly if any other member or user is using the App and/or Service in violation of these Terms.

 

Use Restrictions

 

The software and technology underlying the App and/or Service is the property of Travelmaker, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the App and/or Service, including in order to allow you to copy or download any Content; (b) circumvent, disable, or otherwise interfere with security-related features of the App and/or Service or features that prevent or restrict use or copying of any Content; (c) use the App and/or Service and/or Content in connection with any commercial endeavors in any manner; (d) use any robot or spider or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the App and/or Service; (e) harvest, collect or mine information about other users of the App and/or Service; (f) use or access another user’s account or password without permission, (g) frame or mirror any part of the App or Service, or use metatags or code or other devices containing any reference to the App and/or Service in order to direct any person to any website for any purpose, or (h) interfere with or disrupt the App or Service or the servers or networks connected to the App or Service.

 

Copyright Infringement

 

Travelmaker respects the intellectual property rights of others and expects its users to do the same. Travelmaker will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. We reserve the right to remove any Content without prior notice to you, any other user, or any third party.

 

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the App and/or Service infringes their rights.  If you believe that something appearing on the App and/or Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: Support@TrvlMaker.com.

 

Disclaimers & Disclaimer of Warranty

 

Your use of the App and/or Service and/or Content is at your sole discretion and risk. The App and/or Service and/or Content including, but not limited to, all safety recommendations and travel advice, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Travelmaker. TRAVELMAKER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE App and/or Service AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRAVELMAKER DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE App and/or Service AND/OR CONTENT; OR (II) THAT THE App and/or Service WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION INCLUDING, BUT NOT LIMITED TO, SAFETY INFORMATION, PROVIDED BY THE App and/or Service.

 

Content on the App and/or Service comes from a variety of sources, including from us, user Content, feedback from other users of the App and/or Service and social networks such as Facebook. Travelmaker attempts to be as accurate as possible. However, Travelmaker may not conduct any background checks on users and cannot and does not guarantee that the stated age of a user is his/her actual age, that the stated travel plan is his/her actual travel plan and/or that s/he has no criminal record. TRAVELMAKER DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TRAVELMAKER IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE APP AND/OR SERVICE, WHETHER CAUSED BY US, BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE APP AND/OR SERVICE. TRAVELMAKER CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION OR ON ANY CONTENT. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Content at any time without prior notice (including after you have contacted and/or communicated with another user).

 

You understand that Travelmaker is not responsible for the accuracy, usefulness, safety, appropriateness or intellectual property rights of or relating to any Content available on the App and/or Service.  Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Travelmaker with respect thereto. It also is possible for others to obtain personal information about you due to your use of the App and/or Service, including any Content that is available on your profile. Anyone receiving or viewing Content may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the App and/or Service or through any Content. Please carefully select the type of information that you post on the App and/or Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE APP AND/OR SERVICE OR OTHERWISE.

 

Travelmaker facilitates making connections between users but cannot and does not accept any responsibility for the actions or omissions of any users. It is your responsibility to check any information that you receive with respect to other users and/or third parties. Please use your common sense. WE DISCLAIM ALL LIABILITY FOR THE USER’S BEHAVIOR ON OR OFF THE APP AND/OR SERVICE. IF YOU USE THE APP AND/OR SERVICE AND AGREE TO CONTACT AND/OR MEET ANOTHER USER, THEN YOU DO SO AT YOUR OWN RISK AND TRAVELMAKER SHALL NOT HAVE ANY LIABILITY THEREFOR.

 

No advice or information, whether oral or written, obtained by you from Travelmaker, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

 

Limitation Of Liability

 

Travelmaker assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content. Travelmaker is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the App and/or Service, including any injury or damage to users or to any person’s mobile device related to or resulting from participation or downloading materials in connection with the App and/or Service. Under no circumstances shall Travelmaker be responsible for any loss or damage, including personal injury or death, resulting from use of the App and/or Service, from any Content posted on or through the App and/or Service, or from the conduct of any users of the App and/or Service, whether online or offline.

 

IN NO EVENT SHALL TRAVELMAKER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE App and/or Service AND/OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE App and/or Service, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TRAVELMAKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL TRAVELMAKER’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO TRAVELMAKER FOR USE OF THE App and/or Service. IF YOU HAVE NOT MADE ANY PAYMENTS TO TRAVELMAKER FOR THE USE OF THE App and/or Service, THEN TRAVELMAKER SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Travelmaker and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, costs and/or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the App and/or Service, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the App and/or Service shall be in compliance with all applicable laws, regulations and guidelines.

 

Content Linked to by Travelmaker

 

Portions of the App and/or Service including, without limitation, advertisements, may involve linking to or using websites belonging to third parties. The App and/or Service may also provide you with links to access the websites of third party vendors or retailers. We have no control over third-party sotes, and all use of third-party sites is at your own risk. Additionally, Travelmaker cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Travelmaker is not responsible for content made available by means of such sites. Travelmaker does not endorse any products offered by third parties and we urge our users to exercise caution in using third-party sites.

 

Miscellaneous

 

These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the App shall be brought exclusively in the courts in Tel Aviv/Jaffa and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Travelmaker must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. We may provide any notices required to be provided hereunder to your Facebook account or to any other contact information you have provided upon registration. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Travelmaker or authorizes you to act on behalf of Travelmaker. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Travelmaker and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may elect to keep archives of all or parts of the App and/or Service and/or Content, but we cannot guarantee that anything available on the App and/or Service, or any records or information relating to the App and/or Service, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.

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