TripWow is a widget application which allows individuals to post their traveler photos and share a slideshow of their photos with friends and family by posting it on various sites including embedding it on their own personal site or blog. ("TripWow") TripWow is the property of TripAdvisor, and its affiliate and parent companies ("TripAdvisor"). By downloading TripWow you agree to be bound by the terms set out below (the "TripWow Terms"). These TripWow Terms may be updated by TripAdvisor at its discretion. Please review these TripWow Terms each time you download TripWow
- 1.1 Subject to the TripWow Terms, TripAdvisor grants you a non-transferable, non-sublicensable, royalty free, non-exclusive license to display TripWow on your website ("Site")
- 1.2 You will not cause, permit or authorize any modification of TripWow, which includes separation into component parts or creation of derivative works.
- 1.3 All title, ownership rights and intellectual property rights in and to TripWow and TripAdvisor Content shall remain the property of TripAdvisor.
- 1.4 Nothing in these TripWow Terms grants you any right to use the TripAdvisor trademark on your Site or elsewhere, unless otherwise set forth in TripWow .
- 1.5 TripAdvisor and the owl logo are registered and/or common law trademarks of TripAdvisor, LLC. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. All contents of the TripAdvisor website are: © 2010 TripAdvisor LLC. All rights reserved. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TripAdvisor.
2. Use of TripWow
- 2.1 You may not use TripWow on any Site that is a web site that is excluded by TripAdvisor (set forth below the list of excluded websites, which may be amended by TripAdvisor from time to time).
- 2.2 YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING OR DISPLAYING TRIPWOW CONTENT OR OTHERWISE COMMERCIALIZE TRIPWOW AND CONTENT, NOR ATTEMPT TO RE-SELL, REDISTRIBUTE, OR SYNDICATE TRIPWOW IN ANY WAY.
- 2.3 You may not directly or indirectly suggest any endorsement or approval by TripAdvisor of your Site, product or content or any views expressed within your site or service.
- 2.4 Should you receive any enquiries which relate to TripAdvisor or TripWow or content you should promptly refer such enquiries to http://www.tripadvisor.com/help
3. Warranties & Liability
- 3.1 You warrant to TripAdvisor that:
- i. you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
- ii. the Site shall contain no material which is libelous, defamatory, pornographic, obscene, unsuitable for family viewing, or which tarnishes the image of TripAdvisor, or which is in breach of any third party intellectual property rights;
- iii. you have the necessary licenses, rights, consents, and permissions to use photos and/or audio files, and that your including them in a TripWow slideshow does not infringe upon the rights of any third party;
- iv. you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them
- v. you are the owner of the photos, and that your including them in a TripWow slideshow does not infringe upon the rights of any third party;
- iii. users of the Site shall be required to comply with terms that are equivalent to the TripWow Terms in relation to their use of TripWow.
- 3.2 TripWow is made available by TripAdvisor on an "as is" and "as available" basis and TripAdvisor gives no warranty of any kind in relation to TripWow, or any content on the TripAdvisor website. TripAdvisor disclaims all implied warranties, including but not limited to the implied warranties of quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding TripWow and the TripAdvisor website and any content thereon.
- 3.3 TRIPADVISOR EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THE TRIPWOW TERMS, TRIPWOW, THE TRIPADVISOR WEBSITE, AND ANY AND ALL CONTENT ON, OWNED, LICENSED, OR DISPLAYED BY TRIPADVISOR INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO TRIPWOW OR ANY CONTENT ON THE TRIPADVISOR WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF TRIPWOW.
- 4.1 You hereby agree to indemnify, hold harmless and defend TripAdvisor in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the TripWowTerms or otherwise in connection with your use of the TripWow.
- 5.1 You may terminate this Agreement and the license granted herein at any time by destroying or removing all copies of TripWow from your Site, all hard drives, networks and other storage media.
- 5.2 TripAdvisor may restrict, suspend or terminate TripWow, TripWow Terms, the license granted herein or your access to TripWow at any time with or without reason. You agree to destroy all copies of TripWow upon receiving notice of termination from TripAdvisor.
- 5.3 Clauses 3, 4 and 6 shall survive termination of this Agreement.
- 6.1 You may not assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party.
- 6.2 This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement.
- 6.3 Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.
- 6.4 The TripWow Terms shall be governed by, construed and take effect in accordance with the laws of the Commonwealth of Massachusetts and You agree that all claims you may have against TravelPod arising from or relating to the TripWow Terms, or TripWow will be heard and resolved in a court of competent subject matter jurisdiction located in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Boston, Massachusetts, you will be responsible for compliance with all local laws of such other jurisdiction.
- Excluded Websites
- TripWow and any TripAdvisor content contained in TripWow may only be displayed on websites that do not fall into any one or more of the categories listed below. A site will be deemed to fall within one of the following categories where there is a material and prominent section of the Site that falls within such category.
- 1. Sites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate disruptive behavior
- 2. Sites that promote, encourage or facilitate violence
- 3. Sites that promote, encourage or facilitate terrorism or other activities that risk national security
- 4. Sites that discriminate against any specific social group or otherwise exploit persons
- 5. Sites that promote, facilitate or encourage illegal activity
- 6. Sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content