PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE ("Agreement") CAREFULLY BEFORE USING THIS WEBSITE AND MOBILE APPLICATION (the "Site" or "Travayl website" or “Mobile Application). This Site at Mobile Application are fully controlled and operated by Ekvipp AS, ("Travayl", "we," or "us"). By accessing and using this Site and Mobile Application, you are hereby agreeing to be legally bound by the terms and conditions of Travayl.com. This Site and Mobile Application is available ONLY TO USERS OVER THIRTEEN YEARS OF AGE. By completing the registration process for this Site and Mobile Application, you represent that you are over thirteen years of age, and can and will be legally bound by this Agreement. If you do not agree with all of the following terms and conditions of this Agreement, your only recourse is to immediately: (1) discontinue use of the Site and Mobile Application; (2) terminate your registration; and (3) notify Ekvipp AS of termination.
We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions of this Agreement to keep yourself apprised of any changes. Your continued use of the Site and Mobile Application following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
A. Description of Service
Travayl provides its users services as described and provided on the Site and Mobile Application (collectively,
the "Services"). Travayl is a local and travel discovery and community service, containing maps, photos and
commentary for places around the world. Using the Travayl tools to create personal discoveries, users can upload
photos, enter descriptions about a visit to a place and share these discoveries with friends and the Travayl
community. Travayl may at some point license, sublicense, sell or otherwise distribute its content, including
but not limited to the Photos, Discoveries, Reviews and community services in whole or in part to third parties
at its sole discretion.
B. Privacy
We have established a Privacy Policy to explain to users how their information is collected and used, which you
can read on the website. Your use of the Services signifies acknowledgment of and agreement to Travayl’s Privacy
Policy.
C. Your Registration Obligations
In this Agreement "you" or "user" refers to the person who registers to become a user of the Site and Mobile
Application. In consideration of your use of the Services, you represent that you are of legal capacity to form
a binding contract and are not a person barred from receiving services under the laws of Norway or other
applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Travayl has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Travayl has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any portion thereof).
To obtain some specific Services, you will be required to designate a user ID and password, or use another site to provide these credentials to Travayl. You are responsible for maintaining the confidentiality of the ID and password, and are fully responsible for all activities that occur under your ID or password. You agree to immediately notify Travayl of any unauthorized use of your ID or password or any other breach of security. Travayl cannot and will not be liable for any loss or damage arising from your failure to do so.
D. User Conduct
Without limitation, Travayl reserves the right to terminate your access to and use of the Services if, in our
view, your conduct fails to meet any of the following guidelines:
- You shall not use any portion of the Travayl Site and Mobile Application or the Services for uploading, posting, emailing, transmitting or otherwise making available information that is unlawful, infringe on another's intellectual property rights, or are harmful to minors in any way.
- You shall not attempt to interfere with any other person's use of the Services.
- You shall not misrepresent your identity or impersonate any person.
- You shall not hold yourself out as sponsored by, endorsed by, or affiliated with the Travayl Site and Mobile Application.
- You shall not use any portion of the Travayl.com website and Mobile Application or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
- You shall not use any portion of the Travayl website and Mobile Application or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
- You shall not attempt to gain unauthorized access to Travayl’s database or other computer systems.
- You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Travayl in connection with the Travayl website and Mobile Applicaion or the Services.
- You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Travayl website and Mobile Application.
- You shall not use any portion of the Travayl website and Mobile Application or the Services for any unlawful purpose.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Ekvipp AS.
E. Photo Discovery
To the extent that portions of this Site provide users an opportunity to post Locations and thereby post and
exchange information, ideas, opinions, messages, text, images, photos, or other materials (the "Postings"), please
be advised that such Postings do not necessarily reflect the views of Travayl. In no event shall Travayl assume or
have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their
use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to
all Postings you provide and all information they contain and that such Postings shall not infringe any
proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Travayl does not claim ownership rights to any of your Postings, except to the extent that such rights may be expressly limited or assigned by this Agreement. For the purpose of enabling us to display your Postings through the Travayl website and Mobile Application and Services, and in the case of any sublicense by Travayl to any third party, you hereby grant to Travayl a non-exclusive, royalty-free, fully paid, worldwide license to use, copy, distribute, and display such materials.
Travayl does not allow Postings which contain: private or personal information which might identify a user profanity or obscenities personal attacks on other individuals slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that Travayl deems in its sole discretion to be inappropriate for this Site and Mobile Application, or which otherwise violate this Agreement.
The Travayl website and Mobile Application may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although Travayl periodically monitors the content posted on this Site and Mobile Application, we cannot be responsible for the views or opinions expressed by third parties. Travayl reserves the right, in our sole discretion, to refuse to post, edit, or delete Postings that violate the above-referenced rules of conduct, or for any other reason. Travayl may also revoke the privileges of users who do not comply with such rules.
You acknowledge that Travayl may establish limits concerning use of the Postings, including the maximum number of days that Postings will be retained by the Site and Mobile Application and the maximum number and size of Postings that may be transmitted or stored by the Site and Mobile Application. You agree that Travayl has no responsibility or liability for the deletion or failure to store any Postings maintained or transmitted by the Site and Mobile Application.
F. Product and Services Reviews and Submissions
To the extent that portions of this Site and Mobile Application provide users or other third parties an
opportunity to submit reviews, photos and submissions for display on this Site and Mobile Application about
various products and services, such as Hotel Reviews, Restaurant Reviews and Photos, ("Review(s)"), please be
advised that such Reviews do not necessarily reflect the views of Travayl. In no event shall Travayl assume or
have any responsibility or liability for any Review appearing on the Site, including those provided by any user or
any other party, or for any claims, damages or losses resulting from its use and/or appearance on this Site and
Mobile Application.
By posting or submitting a Photo you hereby represent and warrant that you have all necessary rights in and to any Photo, Discovery or Review you provide and shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortious, or otherwise unlawful information. You further represent and warrant that all information contained in such Photo, Discovery or Review is accurate, that use of any Review you supply does not violate this Agreement and will not cause injury to any person or entity, and that you will indemnify Travayl or its affiliates for all claims resulting from any Review you supply.
G. LICENSE GRANT TO PHOTOS, DISCOVERIES AND REVIEWS
By using the Travayl site or Mobile services and/or by uploading content of any kind including specifically the
posting or submitting of any Photos, Discoveries or Reviews, you automatically grant to Travayl and its affiliates
a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display such Photos, Discoveries and
Reviews throughout the world in any media. Travayl has the right but not the obligation to monitor or edit or
remove any Photo, Discovery or Review or any portion thereof at any time in its sole discretion.
H. Proprietary Rights
Travayl and its licensors have expended substantial time, effort, and funds to create Travayl and its Services.
All site software, design, text, information, data, databases, images, photographs, illustrations, audio clips,
video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof,
and other content (collectively, the "Content") are the property of Travayl and/or its subsidiaries, affiliates,
assigns, licensors or other respective owners and are protected, without limitation, pursuant to Norwegian and
foreign copyright and trademark laws.
Copyrights. All Content of this Site are either Copyright © 2013, 2014 Ekvipp AS, or are the proprietary property of Travayl’s suppliers, affiliates or licensors. No copyrighted material or other Content may be reproduced, modified, create derivative works from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) without the express prior written consent of Travayl. Use of Travayl and/or its licensors' Content is only permitted with their express written permission. All rights reserved.
Notice of Copyright Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Travayl’s copyright agent the written information specified below. (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon;(3) A description of where the material that you claim is infringing is located on the site and Mobile Application; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Travayl’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: e-mail: info@Travayl.com
Trademarks and Service Marks. Travayl.com, the Travayl logo, are including without limitation, either trademarks, service marks or registered trademarks of Travayl and the products and services described or offered in this Site and Mobile Application, are either the trademarks, service marks or registered trademarks of Travayl, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without Travayl's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. Submissions. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Travayl, or Postings on this Site and Mobile Application are non-confidential (subject to our Privacy Policy).
You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content on the Site and Mobile Application. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable country laws.
I. Errors or Delays in Transmission, and Limitations on Service
Travayl DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE. Travayl is not responsible for typographical errors or omissions relating to pricing, text, or other
materials, including the accuracy of maps that are displayed on the Site and Mobile Application. Furthermore,
while Travayl attempts to ensure your access and use of the site is safe, Travayl cannot and does not represent or
warrant that this site or its server(s) are free of viruses or other harmful components.
J. Termination of Service
Travayl may terminate your access to the Services with or without cause at any time and effective immediately, at
Travayl’s sole discretion, including but not limited to your failure to conform with the terms and conditions of
the Agreement. Travayl shall not be liable to you or any third party for termination of use of the Services. Upon
termination, your right to use the Services shall cease immediately. Sections B, F-P shall survive termination of
this Agreement.
K. Disclaimer of Warranties
THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS."
TRAVAYL, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES,
DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB
SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF
TRAVAYL’S SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
L. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRAVAYL ITS AFFILIATES, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF TRAVAYL'S SERVICES OR THE WEB SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Travayl, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
M. Third Party Links
The appearance of external hyperlinks and/or ads generated by third parties does not constitute endorsement by
Travayl, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and
Travayl does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of
the content contained at these sites. Furthermore, Travayl is not responsible for the quality or delivery of the
products or services offered, accessed, obtained by or advertised at such sites. As such, neither Travayl nor its
subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the
use of such information contained in these sites. Finally, Travayl will under no circumstances be liable for any
direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract,
defamation, infringement of copyright or other intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or content contained within these third party hyperlinked sites.
N. Indemnification
You agree to indemnify, defend and hold harmless, Travayl, its affiliates, and their respective officers,
directors, employees, agents, licensors, representatives from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of this agreement by you. Travayl reserves the
right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification
by you, in which event you will fully cooperate with Travayl in asserting any available defenses.
O. Disputes
Any controversy or claim arising out of or relating to this Agreement, Travayl or the provision of the Services
shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be
conducted in Oslo, Norway, and judgment on the arbitration award may be entered in any court having jurisdiction
thereof. Either you or Travayl may seek any interim or preliminary relief from a court of competent jurisdiction
in Oslo, Norway necessary to protect the rights or property of you or Travayl (or its agents, suppliers, and
subcontractors) pending the completion of arbitration.
P. Governing Law
This Agreement shall be governed by the laws of Norway without regard to its conflict of law provisions. If any
provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and
the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to use of Travayl.com, the Services or
the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Q. Agreement
This Agreement constitutes the entire agreement between you and Travayl and governs your use of our Site and
Mobile Application, superseding any prior agreements between you and Travayl with respect to the use of our Site.
You also may be subject to additional terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The failure of Travayl to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are
for convenience only and have no legal or contractual effect.
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