2. PURPOSE AND SCOPE OF APPLICATION.
3.1. Requirements to be registered as a user.
3.2. De-registration of a user.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
4.1. Rights regarding the content.
4.2. Rights regarding the Service.
5.1. Links to other web pages.
5.2. Links to the Tripsaround channel established on other platforms and social networks.
5.3. Links on other web pages which re-direct to the Service.
6. RULES OF USE OF THE SERVICES.
7. LIABILITIES AND WARRANTIES.
8. COMMUNICATION CHANNEL.
9. SUSPENSION OF THE SERVICE.
10. CONFIDENTIALITY AND DATA PROTECTION.
11. GENERAL PROVISIONS.
12. APPLICABLE LAW AND JURISDICTION.
Carefully read this document. This document constitutes the Legal Disclaimer which governs the access, navigation and use of the web site situated at the URL http://www.tripsaround.net/, as well as through the mobile application with the same name (hereinafter, jointly referred to as the “Service”).
Access, navigation and use of the Service imply the express acceptance, without any reservations or limitations whatsoever, of the terms of this Legal Disclaimer, which shall be as legally valid and enforceable as any written and signed contract.
The observance and compliance of the terms thereof shall be required by any person that accesses, navigates or uses the Service. If you do not agree with the terms set out herein, you must not access, navigate or use the Service.
Service Provider: César Segovia Molina
V.A.T. No. 3114977H
Address: C/ Santa Hortensia 16 5ª, 28002, Madrid, Spain
Telephone:(+34) 666 47 8494
This Legal Disclaimer governs the access, navigation and use of the Services, without prejudice to the fact that Tripsaround hereby reserves the right to modify the presentation, configuration and content thereof, as well as the conditions required for the access and/or use thereof. Any modifications to the terms and conditions of this Legal Disclaimer shall be published in the same form as the Legal Disclaimer has been displayed or through any type of notification to the users thereof. The access and use of the content of the Service after the entry into force of the modifications or changes shall imply the acceptance of said modifications or changes.
Notwithstanding the foregoing, the access to certain content and the use of certain services may be subject to specific terms and conditions, which shall, in any event, be clearly displayed. Said specific terms and conditions may replace, complement or, as the case may be, modify the terms of this Legal Disclaimer. In the event of any contradiction, the specific terms and conditions shall prevail.
The access and use of the Service imply that the user thereof accepts the totality of and undertakes to completely abide by the terms of this Legal Disclaimer, as well as the instructions or recommendations which are specifically notified thereto, as the case may be, through the Service.
The access and the navigation through the Service are free of charge and do not require registration, however users must be registered in order to interact with the Service.
Under no circumstances whatsoever shall Tripsaround be held liable for the accuracy of the registration information provided by users, and accordingly each one of the users shall be solely and exclusively liable for any possible consequences, errors or failures which may result from the deficient quality of the information.
3.1 Requirements to be registered as a user.
It shall be a necessary requirement for registration that users are over the age of fourteen (18) years and furthermore users must provide the requirement information which is classified as obligatory.
Likewise, the registered user accepts that the user account is personal and non-transferable, and shall be protected by means of a password which must be generated by the user of the account in accordance with the complexity and robustness rules which are established by Tripsaround. The password created shall remain valid for an unlimited period of time and the user undertakes to diligently use said password, and to keep it secret and to not disclose said password to any third party whatsoever. As a result thereof, users are responsible for the appropriate custody and confidentiality of any identification information and/or passwords which they have selected as registered users of the Service, and undertake to not assign the use thereof to any third party, whether temporarily or permanently, or to authorise the access thereto by any third parties. The user shall be held liable for any unlawful use of the Service by any illegitimate third party user, which has used a password for said purposes obtained by reason of the non-diligent use or the loss thereof by the registered user.
If the user selects a password which does not comply with the minimum requirements, pursuant to the applicable passwords policy approved by Tripsaround, the user shall be notified of said breach and of the necessary conditions for the password for the validity thereof for the registration of the user.
Notwithstanding the foregoing, the user may, subject to the prior notification thereof to Tripsaround, change his or her password when deemed necessary, for example, because the user suspects or confirms that any breach of the confidentiality thereof has taken place.
3.2 De-registration of a user.
The user may, at any time whatsoever, request to be deregistered from the Service, and must request said deregistration by means of written notification to: firstname.lastname@example.org, stating his or her user name and, as the case may be, the specific service for which the user is to be de-registered.
In any event, after the de-registration has been carried out, the user may request to be registered again, however Tripsaround shall be entitled to refuse said registration in the specific situations set out under the clause called “Rules of Use of the Service” or in the case of any dispute or disagreement which may exist between the parties, which is yet to be resolved or which has concluded with the acknowledgement of fault or negligence of the user and/or any losses or damages incurred by Tripsaround, its collaborators or members or its users.
4.1 Rights regarding the content.
Tripsaround is the owner or, as the case may be, holds the corresponding licences regarding the intellectual and industrial property rights of the Service, as well as in relation to all of the content provided thereon, including, by way of illustration however not limited to, the Service itself, texts, photographs or illustrations, logs, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the Service.
The users that have an account with the Service may upload content which they have generated to the Service (hereinafter, the “Content”). By means of the acceptance of these terms and conditions, the user hereby accepts that, in spite of the fact that the user shall continue to be the owner of copyrights in relation to the Content thereof, the user must grant certain limited rights to Tripsaround and other users of the Service.
In effect, when you upload or publish Content on the Service, you necessarily provide Tripsaround with a non-exclusive worldwide licence, exempt from royalties and which shall be transferable (with the right to sub-license) to use, reproduce, distribute, publicly communicate and transform said Content on the Service in the context and ambit of the activities thereof, including, by way of illustration however not limited to, for the purposes of the promotion and commercial use of the Service, in any format whatsoever and by means of any communication channel whatsoever.
Furthermore, you also provide in favour of each user of the Service a non-exclusive worldwide licence, exempt from royalties, to access your Content through the Service, and to use, reproduce, distribute, publicly communicate and transform said Content to the extent permitted by the functionality of the Service and subject to the terms of this Legal Disclaimer.
The foregoing licences provided by you in relation to the Content shall be cancelled when you remove or delete the Content from the Service.
You hereby undertake that the Content which you upload to the Service shall not contain any material subject to the intellectual property rights of any third parties or any material subject to any other industrial property rights of any third parties, unless the legal owner of said rights has provided you with a licence or authorisation, or if you are otherwise legally authorised, to publish the material in question and to provide the aforementioned licence in favour of the users of the Service.
In the event that Tripsaround has knowledge of any breach of the terms of this Legal Disclaimer, Tripsaround reserves the right (although it shall not necessarily be obliged) to decide whether the Content complies with the established requirements and may delete the Content and/or deny access in relation to any user to upload Content which breaches the terms of this Legal Disclaimer at any time whatsoever, without the need for any prior notification and at the exclusive discretion of Tripsaround.
Moreover, you hereby acknowledge and understand that, through the use of the Service, you may be exposed to Content which is objectively imprecise, offensive, indecent or of a questionable nature. Through the acceptance of these terms and conditions, you hereby waive any right whatsoever to file any legal or equitable actions vis-à-vis Tripsaround in relation to any Content whatsoever.
4.2 Rights regarding the Service.
Under no circumstances whatsoever shall it be understood that the access, navigation and use of the Service by the user imply any waiver, transmission, licence or total or partial assignment of said rights by Tripsaround. The user is entitled to use the Content of the Service within a strictly domestic ambit and solely and exclusively for the purposes of the provision of the services, in accordance with the terms of this Legal Disclaimer.
The references to registered trademarks or trade names, or any other distinctive signs, whether owned by Tripsaround or third party companies, shall be subject to an implicit prohibition regarding the use thereof, without the consent of Tripsaround or of the legitimate owners thereof. Under no circumstances whatsoever, unless otherwise expressly stated, shall the access, navigation or use of the Service and/or of the Content thereof confer upon the user any rights whatsoever in relation to the distinctive signs which are included therein.
All of the intellectual and industrial property rights in relation to the Content and/or the services of the Service are hereby fully reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any format whatsoever, the totality or any part of the Content included on the Service, for public or commercial purposes, without the prior, express and written authorisation of Tripasround or, as the case may be, of the owner of the corresponding rights.
Furthermore, it is prohibited to delete or modify the copyright indications or other rights which identify the owners of the rights regarding the Content that the user has access to through the Service, as well as the technical protection devices, digital fingerprinting algorithms, or any protection mechanism or information which is included in the Content provided through the Service.
In the event that the user should send information of any type whatsoever to Tripasround through any of the channels provided for said purposes, the user hereby declares, guarantees and accepts that he or she has the legal right to provide said information, that said information does not breach any intellectual or industrial property rights, trade secrets or any other third party rights whatsoever, and that said information is not of a confidential nature and does not prejudice any third parties in any way whatsoever.
The user acknowledges and assumes all pertinent liability, and accordingly shall indemnify Tripsaround, for any communication which is provided personally thereby or on behalf thereof, and said liability shall, without any limitation whatsoever, relate to the accuracy, legality, authorship and ownership rights of the communication.
If the user were to have knowledge of the existence of any unlawful or illegal Content, or any Content which breaches any legal provisions or which may represent a violation of intellectual and/or industrial property rights, the user must immediately notify Tripsaround thereof, by means of the e-mail address: email@example.com, in order that Tripsaround may adopt the necessary measures.
Furthermore, in the event that any user or any third party consider that the Content of the Service, owned by Tripsaround, breaches any intellectual and/or industrial property rights thereof, or any other rights whatsoever, said user or third party must notify Tripsaround thereof by means of a communication through the e-mail address firstname.lastname@example.org, including the following information:
Identification data of the claimant or of the legal representative thereof.
Documentation which substantiates its status as the owner of the allegedly breached rights.
Detailed list of the rights which have been allegedly breached by a user of Tripsaround, as well as the exact location thereof within the Service.
Express declaration by the claimant that the use of the Content has been carried out without the authorisation of the owner of the allegedly breached rights.
5.1 Links to other web pages.
In the event that links to other web pages are displayed on the Service by means of different buttons, links, banners, embedded content, etc., Tripsaround hereby informs you that said links are directly managed by third parties. Tripsaround does not have the authority or the human or technical resources necessary in order to previously analyse and/or control and/or approve the totality of the information, content, products or services provided by other platforms to which links may be established on the Service.
Accordingly, Tripsaround shall not assume any type of liability whatsoever in relation to any aspect of any platform or web page to which a link may be established on the Service, and in particular, by way of illustration however not limited to, regarding the functioning, access, data, information, files, quality and reliability of the products and services thereof, and the links and/or any of the content thereof, in general.
Moreover, if users have effective knowledge that the activities carried out through said third party web pages are unlawful or violate moral standards and/or public order, users must immediately notify Tripsaround thereof, in order that Tripsaround may deactivate the link to said web pages.
In any event, the establishment of any type of link from the Service to any other external web page shall not imply that any type of relationship, collaboration or control exists between Tripsaround and the party which is responsible for the external web page.
5.2 Links to the Tripsaround channel established on other platforms and social networks.
Tripsaround may provide to users, through different tools and applications, links which enable users to access the channels and web pages of the Service which Tripsaround has established on different platforms and social networks which belong to and/or which are managed by third parties (e.g. Facebook, Twitter, Instagram, YouTube, etc.). The purpose of the inclusion of said links on the Service is solely and exclusively to provide users with access to said channels on the different platforms and social networks.
The establishment of said links shall not imply the existence of any relationship whatsoever between Tripsaround and the owner, manufacturer or distributor of the linked platform, or the acceptance or approval by Tripsaround of the content and/or services thereof, and the owner, manufacturer or distributor thereof shall be solely and exclusively responsible for said content and/or services.
The activation and use of said links may require the identification and authentication of the user (login/password) on the corresponding platforms, which are completely separate from the Service and outside the control of Tripsaround. By accessing said external networks, the user enters within an environment which is not controlled by Tripsaround, and accordingly Tripsaround shall not assume any liability whatsoever regarding the security configuration of said environments.
Given that Tripsaround has no control over the content provided through said channels, the user hereby acknowledges and accepts that Tripsaround shall not assume any liability whatsoever for the content or for the services which the user may access through said web pages, or for any content, products, services, advertising or any other material whatsoever which is provided through said web pages. Accordingly, the user must act in a prudent and diligent manner when analysing and using the information, content and services which exist through the linked channels, and in relation to the information thereof or of any third parties which the user intends to share though said channels.
5.3 Links on other web pages which re-direct to the Service.
Tripsaround does not authorise the establishment of any link to the Service from any web pages which contain any unlawful, illegal, degrading or obscene materials, information or content or which, generally speaking, violates the laws, moral standards or public order, or generally accepted social standards.
In any event, users may establish, on the web pages which are owned thereby, links which re-direct to the Service, provided that they comply with the following conditions: a) the link may not reproduce the content of the Service or any part thereof in any way whatsoever; b) users are not permitted to create a browser or a border environment in relation to the sections of the Service, and may not otherwise modify the Service in any way whatsoever; c) users are not permitted to make any false, inaccurate or incorrect statements or comments regarding the Service and/or, in particular, to declare or give the impression that Tripsaround has authorised the link or has supervised or assumed, in any way whatsoever, the responsibility for the content or services provided or made available on the web page on which said link has been established; d) the web page on which the link to the Service has been established shall not contain any illegal information or content, or information which violates moral standards or the generally accepted social standards and public order, and furthermore must not contain any content which violates any third party rights, including intellectual and/or industrial property rights and/or reputational rights, personal or family privacy rights or image rights or any other rights whatsoever, or any content which contravenes the applicable personal data protection regulations.
Tripsaround does not have the authority or the human or technical resources necessary in order to analyse, control or approve the totality of the information, content, products or services provided by other platforms which have links to the Service. Tripsaround does not assume any type of liability whatsoever for any aspect related to the web page which established a link to the Service, and in particular, by way of illustration however not limited to, regarding the functioning, access, data, information, files, quality and reliability of the products and services thereof, and the links and/or any of the content thereof, in general.
Users are not permitted, and accordingly the consequences thereof shall be the sole and exclusive responsibility of the user in question, to access or use the Service for illegal or unauthorised purposes, whether for economic benefit or not. In particular, and without the following list being considered to constitute an exhaustive list, it shall be prohibited to:
1.- Use the Service in any way which may cause damages, interruptions, inefficiencies or defects to the functioning thereof or to the computer of any third party;
2.- Use the Service for the transfer, installation or publication of any virus, malware or other prejudicial programs or files;
3.- Use the Service to transfer material for advertising or promotional purposes, including spam, chain mail or similar material;
4.- Use the Service in such a way that the rights of Tripsaround or of any third party are infringed;
5.- Use the Service to transfer or publish any material of a defamatory, offensive, racist, vulgar, degrading, pornographic, obscene or threatening nature or which may be objectionable to any person;
6.- Use the Service to obtain personal data of other users;
7.- Use the Service in an illegal manner, in violation of the principle of good faith, or in contrary to moral standards and public order;
8.- Access or interact with the Service with a false identity, by supplanting any third party or by using a profile or carrying out any other type of action which may create confusion with other users regarding the identity of the origin or author of a message;
9.- Access, without authorisation, any section of the Service, other systems or networks connected to the Service, any server of Tripsaround, or services provided through the Service, by means of hacking or by the falsification or extraction of passwords or through any other unlawful means;
10.- Breach, or attempt to breach, the security or authentication measures of the Service or of any network connected thereto, or the security or protection measures inherent to the content provided on the Service;
11.- Carry out any action which may result in a disproportionate or unnecessary saturation of the infrastructure of the Service or of the systems or networks of Tripsaround, as well as of the systems or networks connected to the Service;
Impede the normal activities of any event, competition, promotion or any other activity which is provided through the Service or any of the functions thereof, whether by way of modifying attempting to modify, illegally or by any other means, the access, participation or functioning thereof, or by falsifying the result thereof and/or by using fraudulent participation methods, by means of any procedure, and/or by means of any practice which contravenes or infringes the terms of this Legal Disclaimer;
12.- Introduce onto the Service any type of content in respect of which the user does not have all of the intellectual or industrial property rights, or any image or trademark rights or any other rights whatsoever; or
Publish any Content whatsoever in relation to any location which is patently false, whether or not the user has knowledge of said situation or not.
Any breach of any of the foregoing obligations by the user may cause Tripsaround to adopt all necessary measures without the user being entitled to any compensation whatsoever.
In order that the Service may constitute a secure environment, and in order to protect our users, it is categorically prohibited to publish content:
1.- Which may be considered to constitute a breach of and reputation rights, personal or family privacy rights or image rights or any other rights whatsoever and, especially, the rights of minors;
2.- Which include photographs which display the image or personal data of third parties without the necessary consent thereof having been obtained;
3.- That breach the principle of the secrecy of communications or that represent a breach of intellectual or industrial property rights or the applicable personal data protection regulations;
4.- That contain any material or information which is of an illegal, racist, obscene, pornographic, abusive, defamatory, misleading or fraudulent nature or which is any other way contravenes moral standards or public order;
5.- That contain “spam” and/or links to web sites which are not related to the corresponding space;
6.- That include advertising or commercial communications, for the issue of messages for advertising purposes or for the capture of information for said purposes.
The user which breaches the foregoing prohibitions shall be held liable for any claim which is filed as a result thereof. Although no claim was to be filled by any third party, Tripsaround hereby reserves the right to refuse access to the Service or to refuse the users which breach the foregoing prohibitions from participating in the spaces which exist within the Service.
Furthermore, if you detect any:
-. Improper or abusive behaviour,
-. Any improper information or content on the Service,
-. Any information which contravenes current regulations or legislation or which breaches the terms set out on the Service,
please immediately notify Tripsaround thereof through, by means of the e-mail address: email@example.com, in order that Tripsaround may adopt the necessary measure, to block and eject and edit or delete said content.
Tripsaround is unable to guarantee the reliability, suitability or accuracy of absolutely all of the information and/or services of the Service, or the suitability or accuracy of the documentation provided through the Service.
As a result thereof, Tripsaround does not warrant and shall not be held liable for: (i) the continuity of the content of the Service; (ii) the absence of errors in said content; (iii) the absence of virus and/or any other harmful components on the Service or on the server which supports the Service; (iv) the invulnerability of the Service and/or the impossibility of any breach of the security measures which are implemented for the Service; (v) the lack of suitability or performance of the content of the Service; and (vi) the losses or damages which are caused by any person that breaches the conditions, rules and instructions that Tripsaround has established for the Service, either to said user or to any other third party, or by means of the hacking of the security systems of the Service.
Notwithstanding the foregoing, Tripsaround hereby declares that it has adopted all of the necessary measures within its possibilities and in light of the state of technology, in order to guarantee the functioning of the Service and to minimise system errors, both from a technical perspective as well as in relation to the content published on the Service, as well as to avoid the existence and transfer of virus and any other harmful components to the computer systems of users. In any event, Tripsaround is unable to guarantee that the mobile application “Tripsaround” shall, at all times, be available for download, in light of the fact that the foregoing shall depend upon external circumstances and third parties which are outside the control of Tripsaround, including, however not limited to, the availability of the Google Play Store and App Store platforms, as well as the availability of the mobile application on both of the foregoing platforms, which, in any event, shall be subject to the approval and consent of the respective platforms.
Tripsaround shall not warrant the lawfulness, reliability or suitability of the content provided by third parties through the Service. If any user has knowledge of the existence of any unlawful or illegal content or any content which contravenes applicable law or which may constitute a breach of any third party rights, said user must immediately notify Tripsaround thereof, in order that Tripsaround may adopt the necessary measures. In any event, Tripsaround shall not be held liable for the content of the images which may be displayed in the photographs or videos generated by users, or for the subsequent use thereof by users, and accordingly the users shall be solely and exclusively responsible for said content.
Tripsaround shall not be responsible for the accuracy, completeness or for the updating of the information published on the Service which has been obtained from external sources, and shall not be responsible for the content of other platforms for which links exist on the Service. Tripsaround shall not assume any responsibility whatsoever in relation to any hypothetical losses or damages which may be caused through the use of the foregoing information, and, in particular, Tripsaround shall not be responsible for any advice, advisory services or recommendations which may be received by the user from other users of the Service in relation to any location or establishment, among other aspects.
Tripsaround shall not assume any responsibility whatsoever for the actions of users, either on or outside the Service, or for the acts that users may carry out, whether or not said acts are related to the information which said users have received from the Service, as the case may be. Tripsaround recommends, at all times whatsoever, that users act responsibly, and warns them that they must respect at all times applicable legislation. In the event that any user of the Service were to carry out any actions which could be considered to be unlawful, illegal, in breach of applicable laws or which may imply any breach or contravention of third party rights, said user shall be deemed to carry out said actions under his or her own responsibility, and shall indemnify Tripsaround for said actions.
Furthermore, Tripsaround is unable to guarantee, and accordingly shall not assume any liability whatsoever, for the effectiveness of the geolocation service both in relation to the users as well as the Content that the users publish on the Service, and accordingly Tripsaround shall not be responsible for the existence of errors in the location of the users and, accordingly, in the information which is displayed, or in the inclusion of the Content on the map. Said service depends upon a computer program which is owned by third parties, and accordingly Tripsaround is unable to guarantee that said computer program is free from errors, faults, defects or any other situation which may hinder the correct functioning thereof.
Tripsaround provides users with a channel through which user may communicate to and notify Tripsaround of the existence of any content which users consider to be in contrary to applicable law or which contravene the legitimate rights of third parties.
If you have knowledge of any of the foregoing situations, you must immediately notify Tripsaround thereof, in order that Tripsaround may review the notified content and, as the case may be, remove or deactivate said content, through the complain form located on the content’s page.
Tripsaround hereby reserves the right to suspend, modify, restrict or interrupt, whether temporarily or permanently, the access, navigation, use, storage and/or downloading of content and/or the use of the services of the Service, with or without prior notification, in relation to the users which breach the terms set out in this Legal Disclaimer, without any compensation whatsoever being payable to said users as a result thereof.
The headings of the different clauses are only included for informative purposes, and shall not modify, classify or extend the interpretation of the terms of this Legal Disclaimer. Furthermore, Tripsaround may modify the terms and conditions which are set out herein, whether totally or partially, and accordingly may publish any modification thereof in the same manner this Legal Disclaimer is published or by means of any type of communication to users.
Accordingly, the term of validity of this Legal Disclaimer coincides with the period of time in which it is published on the Service, until such time as it is totally or partially modified, at which time the modified Legal Disclaimer shall come into full force and effect.
Irrespective of the provisions of the specific terms and conditions which may be established, Tripsaround may terminate, suspend or interrupt, at any time whatsoever and without the need for any prior notice, access to the content of the Service, without the users being entitled to any compensation whatsoever in respect thereof. After said termination, suspension or interruption, the prohibitions for the use of the content, which are included in this Legal Disclaimer, shall remain in full force and effect.
Furthermore, if the user breaches the terms of this Legal Disclaimer, Tripsaround may automatically and without prior notice suspend or cancel the user profile thereof, and said suspension or cancellation shall not, under any circumstances whatsoever, entitle to user to any compensation whatsoever. Accordingly, Tripsaround hereby informs users that it may collaborate with and provide information to police and judicial authorities if it detects any breach of applicable legislation or if it were to suspect that any offence has been committed.
In the event that any of the provisions of this Legal Disclaimer were declared to be null or unenforceable, either in full or in part, by any Court, Tribunal or competent administrative authority, said nullity or unenforceability shall not affect the rest of the provisions of this Legal Disclaimer.
The failure to exercise any right or provision contained in this Legal Disclaimer, or the partial exercise thereof, by Tripsaround shall not constitute any waiver of the rights to fully exercise said provision.
Applicable legislation shall determine the laws which are to govern, and the jurisdiction which shall be applicable to, the relationships between Tripsaround and the users of the Service. Notwithstanding the foregoing, provided that the applicable legislation enables the parties to submit themselves to a specific jurisdiction, for all disputes in relation to or a result of the Service, current Spanish law shall be applicable thereto.
Furthermore, Tripsaround and the users hereby expressly waive any rights whatsoever to any other jurisdiction which may otherwise have been available thereto, and expressly submit themselves to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain).
In order to file claims in relation to the use of our services, please contact us by way of written communication at the e-mail or physical address set out under the section “Identification”, and we hereby undertake to try, at all times, to reach an amicable resolution for the dispute.
Latest update: May, 24th, 2016.