tripwolf GmbH (“tripwolf”), Spengergasse 37-39, 1050 Vienna, Austria, operates travel guide apps for iOS, Android and Windows, the Phrasebook app as well as the website www.tripwolf.com (and further domains listed below). These products are referred to as ‘tripwolf Services’ in the following agreement.
Use of these apps and website is governed by the terms and conditions described below. Through using either one of tripwolf’s apps or the website, you agree to these terms and conditions. tripwolf.com, tripwolf.de, tripwolf.at, tripwolf.co.uk, tripwolf.ch, tripwolf.it, tripwolf.fr, tripwolf.net, tripwolf.eu, tripwolf.tv, tripwolf.eu, tripwolf.us, tripwolf.biz, tripwolf.cc, trip-wolf.com, tripwolf.mobi, tripwolf.info und tripwolf.org as well as subdomains are operated by tripwolf. tripwolf reserves the right to change these terms and conditions anytime without further notice. You accept the obligation to review these terms and conditions prior to each use, and your use of the tripwolf Services constitutes an acceptance to be bound by any modifications. Within the frame of significant changes of tripwolf’s terms and conditions, tripwolf will inform its users via e-mail or other communication channels. These terms and conditions are referred to hereafter as the ‘agreement’.
DESCRIPTION OF SERVICE
The tripwolf services include all of the domains and subdomains listed in the introduction as well as all mobile apps for iOS, Android and Windows. In addition, the meaning of “Service” shall include all correspondence, email, or data sent by tripwolf personnel or agents.
You also understand and agree that the Service may include advertisements or links to third party websites. You also understand and agree that the Service may include certain communications from tripwolf, such as service announcements, administrative messages and various emails, which may include attachments.
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party.
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice.
You must be eighteen (18) or over to register as a Member and/or use the Website and/or the Service. Membership in the Service is void where prohibited. By using the Website and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions herein. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your Membership may be terminated without warning and you may be barred from any future use of the Website and/or the Service if you provide any information that is untrue, inaccurate, not current, or incomplete, including but not limited to misrepresenting your age, or if tripwolf has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Your Membership is solely for your personal use, and you agree not to authorize others to use your Membership account, including but not limited to your profile. You are solely responsible for all content published or displayed through your Membership account, including but not limited to e-mail messages, and for your interactions with other Members. tripwolf reserves the right to refuse or revoke Membership to anyone at any time for any reason.
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your Membership at any time, for any reason, by sending an e-mail to email@example.com with the “Deactivate my account” in the subject. You agree that termination of your Membership or restriction on access to the Service, including but not limited to the discontinuance of providing the Service, may be effected without prior notice, and acknowledge and agree that upon termination of your Membership or restriction on access to the Service, tripwolf may immediately deactivate your Membership, and bar any further access by you to such files and/or the Service. tripwolf is not obliged to preserve, keep, or maintain back-up copies of any material submitted or posted on the Website and/or through the Service. You agree that tripwolf shall not be liable to you or any third party for termination of your Membership, denial of access to the Service, discontinuance of providing the Service, or deletion of your content, information, and files.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Austria and European Union (EU) or the country in which you reside.
NON-COMMERCIAL USE ONLY
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
Non-Commercial Use by Members. All Organizations, companies, and/or businesses alike may not become Members and should not use the tripwolf Service or the Web site for any purpose. The tripwolf Services are meant for personal use of the individual Members only; and may not be used in connection with any commercial activities or endeavours. The following include Illegal and/or unauthorized uses of the Web site: Collection of usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated thoroughly, and the appropriate legal action will be taken, including without limitation, criminal, civil and injunctive redress.
tripwolf occasionally receives requests from people to remove search results from its indices. Although tripwolf reserves the right to address such requests individually, the general approach that tripwolf takes reflects the following principles:
POSTING COMMUNITY GENERATED MATERIAL ON OUR SITES
Certain areas of tripwolf allow users to post, add, or upload information, data, text, photographs, graphics, messages and/or other content (“Postings”). You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content (“Poster”), and not tripwolf. tripwolf does not control the Postings and does not guarantee the accuracy, integrity or quality of any Postings.
a. You understand that by using the tripwolf Services, you may be exposed to Postings that are offensive, indecent or objectionable. To the extent permitted by tha law, tripwolf will not be liable in any way for any Postings, including, but not limited to, for any errors, omissions or misrepresentations in any Postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Postings.
b. You understand and agree that tripwolf may review, modify, or delete, without notice, any data, text, software, music, sound, message, photograph, graphic, image, video, profile, forum post, journal, review, information, comment, work of authorship, or other material or expression (collectively, “Content”), whether posted publicly or posted privately to other Members, that in the sole judgment of tripwolf violates this Agreement or which might be offensive, indecent, or illegal, or which might harm, violate the rights, or threaten the safety of any person. tripwolf is the final arbiter of what IS and IS NOT allowed regarding all tripwolf Services.
c. You are solely responsible for the Content that you publish, transmit, upload, communicate, or display (collectively, “post”) on the Website and/or through the Service, whether posted publicly or posted privately to other Members. You understand that tripwolf has no obligation to monitor any of their services, or monitor, control or edit the Content thereon, or monitor any use of the Service by Members, or remove inappropriate Content. tripwolf is not responsible in any way for the Content posted by Members, including but not limited to pictures, reviews, trips, videos, and messages, or otherwise posted through the Service. By posting Content on the Website and/or through the Service, you agree to bear all risks associated with the accuracy and completeness of such Content.
d. By submitting material and content to tripwolf, you are granting tripwolf a non-exclusive, royalty-free, non-terminable license right to use, copy, modify, show in public and create derivative works from that material in any form, anywhere. You will not be paid for granting tripwolf these rights. You further agree to permit anyone to access, display, view, store and reproduce such Content for personal use.
e. You further represent and warrant that:
You exclusively and irrevocably own the Content posted by you on the Website and/or through the Service or otherwise have the right to grant the License set forth in this section; and
any Content posted by you on the Website and/or through the Service does not violate or infringe the privacy rights, publicity rights, copyrights, trademarks, trade secrets, patents, moral rights or other intellectual property, contract, or proprietary rights of any person or entity. You agree to pay all royalties, fees, and other monies owing to any person or entity by reason of any Content that you post on the Website and/or through the Service.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement or you feel that any other personal rights are violated on the website , please provide tripwolf’s Copyright Agent with with the URL and description of the of copyright or personal rights violating material and we shall handle your claim immediately. tripwolf’s Copyright Agent can be reached under firstname.lastname@example.org.
f. You may only use the Website and/or the Service for legitimate purposes for which the Website and/or the Service is available, and shall not use the Website and/or the Service for any other purposes. You must use the Website and/or the Service in a manner consistent with any and all applicable laws and regulations. In addition, tripwolf prohibits activities that may harm the Website, the Service, Members, or other persons or property. tripwolf reserves the right to investigate and take appropriate legal action, including but not limited to contacting law enforcement authorities and seeking remedies at law and equity, against anyone who, in tripwolf’s sole discretion, makes illegal or unauthorized use of the Website and/or the Service. Prohibited activity includes but is not limited to:
is patently offensive to the online community, including but not limited to Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or cruelty to animals;
- is vulgar, profane, abusive or indecent;
- contains nudity, violence, or offensive subject matter;
- exploits people in a sexual or violent manner;
- threatens, harasses, or advocates harassment of another person;
- invades another person’s privacy;
- violates or infringes the rights of others, including but not limited to Content that is protected by contract, rights of publicity, or intellectual property laws, such as copyright, trademark, trade secret, and patent laws, without first obtaining permission from the owner or rights holder;
- involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, “spimming,” “spamming” or “phishing;”
- is false, misleading, disparaging, or defamatory, or promotes illegal activities or conduct that is abusive, threatening, obscene, disparaging, or defamatory;
- promotes illegal or unauthorized copying of another person’s or entity’s copyrighted work, including but not limited to providing pirated computer programs or links thereto, providing information to circumvent manufacture-installed copy-protect devices or digital rights management software, or providing pirated music or videos or links thereto;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page of the Website);
- exploits people under the age of eighteen (18) in a sexual, violent, or otherwise objectionable manner, or solicits personal information from anyone under the age of eighteen (18);
- involves pornographic or sexually explicit material of any kind, including but not limited to sexually suggestive imagery or language;
- promotes, furthers, or provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personally identifying information from other Members for commercial or unlawful purposes;
- involves commercial activities, including but not limited to sales, contests, raffles, sweepstakes, barter, advertising, and pyramid schemes, without the prior written consent of tripwolf management;
- violates any applicable local and international law or regulation.
Notwithstanding the prohibition on the Content listed above, you might become exposed to such information or material, in which event, you agree to hold harmless and covenant not to sue tripwolf for any such exposure and any injuries based thereon.
g. You understand and agree that content that has been posted by you, whether with or without restriction, can be visible to the general public. Due to that, you agree not to post any content that is so personal or sensitive of nature that, if accessed by the general public, would cause you any harm, loss or damage.
h. tripwolf reserves the right to disclose any Content posted on the Website and/or through the Service as necessary to satisfy any applicable law, regulation, legal process or governmental request.
i. tripwolf uses Flickr and Wikipedia content to enhance the user experience. For integration of Flickr fotos, tripwolf uses the Flickr API but is not endorsed or certified by Flickr.
Certain portions of tripwolf require users to register to obtain certain tripwolf Services. Registration is initially available to anyone of requisite age and is limited to one registration per user. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the tripwolf registration form (the “Registration Information”) and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of the tripwolf Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or tripwolf has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, tripwolf has the right to suspend or terminate your access and refuse you any and all use of relevant Site.
PASSWORDS AND SECURITY
Access to certain tripwolf Services require you to choose a user name and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify tripwolf immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. tripwolf cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. The Website and the Service are provided on an “AS IS” and “AS AVAILABLE” basis. tripwolf expressly disclaims any warranty of any kind, whether express or implied, including but not limited to warranties of merchantability, of fitness for a particular purpose, or of non-infringement. tripwolf cannot guarantee and does not promise any specific results from use of the Website and/or the Service. tripwolf makes no guarantee that the Website and/or the Service will be timely, secure, or error-free. The Website and/or the Service may be temporarily or indefinitely unavailable for maintenance or other reasons. tripwolf makes no guarantee of availability of the Website and/or the Service and reserves the right to modify, withdraw, suspend or discontinue providing any or all functionality or features of the Website and/or the Service without notice at any time. No advice or information, whether oral or written, obtained by you from the Website or through the Service or from any Member shall create any warranty not expressly stated herein.
b. The tripwolf Services contain opinions, recommendations, statements, and information provided by third parties, including but not limited to Content posted by other Members. tripwolf does not represent, endorse, verify, or guarantee the truthfulness, accuracy, completeness, integrity, quality, or reliability of any such Content posted by such third parties, or vouch for any opinions or recommendations expressed by such third parties. The opinions and views expressed by such third parties do not necessarily represent those of tripwolf. Accordingly, tripwolf is not responsible for any incorrect or inaccurate Content posted on the Website and/or through the Service, whether caused by tripwolf, any visitor of the Website (a “Visitor”), any Member, or by any of the equipment or programming associated with or utilized in connection with the Website and/or the Service. You understand and agree that you use Content or other information obtained from the Website and/or through the Service at your own discretion and risk. Any reliance by you on Content or other information posted by Members or other third parties on the Website and/or through the Service will be at your own risk.
c. Under no circumstances will tripwolf be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone’s use of the Website and/or the Service, any Content posted on the Website and/or through the Service, or any interactions between Members or Visitors, whether online or offline. tripwolf is not responsible for the conduct, whether online or offline, of any Member or Visitor.
d. tripwolf 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, Visitor or Member communications. tripwolf is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of e-mail on account of technical problems or traffic congestion on the internet, the Website, a third party’s website, or a combination thereof, including but not limited to injury or damage to a Visitor’s or a Member’s or any other person’s computer equipment related to or resulting from participating in or downloading materials in connection with the internet, the Website, the Service, or a third party’s website.
e. The Website and/or the Service may contain advertisements of and links to external websites operated by parties other than tripwolf. Such advertisements and links are provided for your reference only. tripwolf does not control such websites and is not responsible for their contents. tripwolf’s display of advertisements for or inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Accordingly, you agree that tripwolf does not endorse those advertisements or websites, is not responsible for their availability or accuracy, or for their content, advertising, products, services or other resources. You further agree that tripwolf will not be liable or responsible, directly or indirectly, for any loss suffered or alleged to be suffered in connection with your use of or reliance upon such content, advertising, products, services or other resources made available by such advertisements or websites. Your business dealings with, or participation in promotions of, advertisers found on the Website and/or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers.
f. You understand and agree that web storage or space provide by tripwolf to its Members is intended solely for the presentation of travel-related Content authorized under this Agreement. Photographs, videos, and other Content posted by you on the Website and/or through the Service are saved for the purpose of display and not for other purposes. You understand and agree that tripwolf is not responsible for and assumes no liability for preserving, maintaining, or continuing to offer access to any photograph, video, albums, journals, reviews, e-mail messages, comments, profiles, or other content posted by you on the Website and/or through the Service.
LIMITATION ON LIABILITY
In no event shall tripwolf be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to lost profit damages, arising from your use of the website and/or the services, even if tripwolf has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein; tripwolf is not liable to you for any cause whatsoever and regardless of the form of the action, including but not limited to: (I) your inability to use the website and/or the services or access content thereon; (II) removal of, alteration of, deletion of, unauthorized access to, or theft of your messages, content, or other information; (III) statements or conduct of any third party posted or otherwise expressed on the website and/or through the services; (IV) access delays to, interruptions to, suspension of, or termination of the website and/or the services; (V) non-delivery, misdelivery, or corruption of e-mail messages or content; (VI) personal injury, or (VII) property damage. Notwithstanding anything to the contrary contained herein, tripwolf’s liability to you, if any, for any cause whatsoever regardless of the form of action will at all times be limited to the amount paid, if any, by you to tripwolf for the service during the term of your membership.
You agree to indemnify and hold tripwolf, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees and costs, relating to or arising out of your use of the Website and/or the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein, including but not limited to your posting of Content or other material that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property rights of any person or entity, or that defames any person, or violates their rights of privacy or publicity, or disparages any entity.
“tripwolf” and the tripwolf logo are trademarks and/or servicemarks of tripwolf, and all other trademarks, servicemarks and trade names used on the Website are the property of their respective owners.
The Website and the Service contain copyrighted material (including but not limited to graphic designs, source code, member-created content, and compilations of individual data), trademarks, trade dress, and other proprietary information of tripwolf (collectively, “Proprietary Information”). Except for that information which is in the public domain or licensed by you to tripwolf (as set forth below and for which you have legal authority to license) or for which you have been given written permission by the management of tripwolf, you may not copy, modify, publish, transmit, distribute, publicly perform, display, reverse engineer, create derivate works of, sell, or otherwise exploit any Proprietary Information. In addition, you may not attempt to discover any source code used in connection with the Website and/or the Service. By agreeing to the terms herein, tripwolf grants you a limited, non-transferable, revocable, and non-exclusive license to reproduce and display the interface of the Website and/or the Service and content posted thereon (excluding any source code) solely for your personal use in connection with viewing the Website and using the Service. Please contact us if you have any questions regarding this Agreement at email@example.com.
We use commercially reasonable security measures to protect the loss, misuse, and alteration of the information under our control. However, we cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. You should be aware that we have no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.
We reserve the right to change this policy should we deem it advisable to do so. If we make significant changes that affect the use or disclosure of your personal information, we will make reasonable efforts to notify you of the changes and to give you the opportunity to cancel your registration.
These Terms of Service are governed by the Law of the Republic of Austria. The rules of conflicts of Laws are excluded. Any disputes between you and tripwolf shall be settled before the Bezirksgericht Innere Stadt or the Landesgericht für Zivilrechtssachenhen in Vienna, if you are a consumer, before your ordinary court.
T&S Version: May 14, 2018
tripwolf GmbH, Vienna, Austria