Terms of Service

Last Updated: 3 November 2016.

Please read carefully this Tiplr Terms of Services Agreement (the “Agreement”) Tiplr Privacy Policy, located at https://tiplr.com/privacy/. (“Privacy Policy”) because they govern your use of the alfa version of the Tiplr, Inc. (“Tiplr”) travel guide services, accessible via the Tiplr website at tiplr.com (the “Site”) and the Tiplr mobile device application (the “App”). The Site, Services and the App are collectively referred to as the “Services”).

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OVERVIEW

The Services are operated by Tiplr, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Tiplr. Tiplr offers its Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By using our Services you agree to be bound by these terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our Services. Any new features or tools which are added to the current store shall also be subject to the Agreement. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to our website, in the app or both. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. As a user you have the right to create Content to be shared with other users. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. “User Content” means any Content that users, including you, provide to be made available through the Services. Content includes, without limitation, User Content. By making any User Content available through the Services you hereby grant to Tiplr a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users. You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or that you have all rights necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that your User Content, your use and provision of your User Content to be made available through the Services, and any use of your User Content by Tiplr on or through the Services will not infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation. Subject to your compliance with this Agreement, Tiplr grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, modify, create derivative works based upon, display, print and distribute the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. You understand that your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

SECTION 3 – REGISTRATION AND PERSONAL INFORMATION

Registration to access our Services is done through your Instagram account. The personal information and contents you shared with Instagram follow the Terms and Conditions and Privacy Policy governing your use of Instagram Services. Your submission of personal information through Tiplr Services is governed by our Privacy Policy accessible at https://tiplr.com/privacy/.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available through our Services is not accurate, complete or current. The Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Services at any time, but we have no obligation to update any information on our site. Any reliance on the Services provided by Tiplr is at your own risk.

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 – THIRD-PARTY LINKS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7 – ERRORS, INACCURACIES AND OMISSIONS

There may be information in our Services that contains typographical errors, inaccuracies or omissions that may relate but are not limited to: places, locations, prices, schedules, product descriptions, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated.

SECTION 8 – PROHIBITED USES

In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, other websites, apps or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, other websites, apps or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Tiplr, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 10 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tiplr and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 11 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate this Agreement by ceasing to use our Services or by notifying us that you no longer wish to use or them. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and accordingly may deny you access to our Services (or any part thereof).

SECTION 13 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 14 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, United States.

SECTION 15 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service Agreement at any time on Tiplr website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website and/or in the app. It is your responsibility to check periodically for changes. Your continued use of or access to our Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 16 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help@tiplr.com.