TERMS AND CONDITIONS
WHEREAS, TripAdd LLC, registered at 10 East 39th Street, 8th Floor, New York, NY 10016, United States (hereinafter – “we” or “TripAdd”) is a supplier of web services including, but not limited to www.eddytravels.com and www.eddyai.com websites, AI travel assistant chatbot integrated into www.eddytravels.com, www.eddyai.com and in “Eddy Travels” or “Eddy AI” Facebook, Messenger, WhatsApp, Instagram, Telegram, Slack, Viber, Line, and WeChat instant messaging applications (the “Services”);
WHEREAS, you (“you”) desire to use the Services;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants and agreements contained herein, the parties hereby stipulate, agree and contract as follows:
ACCEPTANCE OF TERMS
Your access to use any of the Services is subject to these Terms and Conditions and our Privacy Policy.
By registering for and using the Services you hereby agree, both on your own behalf and as an authorized representative of any organization for which you are accessing and/or using the Services, that you will use the Services only in accordance with and subject to the following Terms and Conditions. If you do not accept these terms and conditions you must immediately stop using the Services.
USER CONDUCT
You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TripAdd’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in TripAdd’s discretion restricts or inhibits any other user from using or enjoying the Services will not be permitted. You shall not use the Services to advertise or perform any commercial solicitation.
THIRD-PARTY SERVICES
While providing the Services we may provide you with access to the third-party services over which we neither have any control nor monitor them. You acknowledge and agree that We provide access to the third-party services ”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 third-party services. Any use by you of the third-party services offered while using the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which those services are provided by the relevant third-party provider(s).
INTELLECTUAL PROPERTY RIGHTS
All copyright, trademarks, and all other intellectual property rights in the Services including the images, data, text, videos, and software that is made available to access or download while using the Services are the intellectual property of TripAdd and/or its partners.
SUBMITTED CONTENT
You unconditionally warrant that any content, information, and data uploaded, provided, made available, or otherwise transferred (“submitted”) by you through the Services (the “Content”): (i) will not infringe the intellectual property rights of any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (ii) will not violate any law, statute, or regulation; (iii) will not be defamatory or libelous, and, (iv) will not create liability for TripAdd. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
We do not claim ownership of the Content. However, by submitting the Content, you grant to us the following rights to such Content: (i) the non-exclusive, worldwide, royalty-free, perpetual, non-revocable license and right to copy, modify, publish and distribute the Content in any form and in any language; (ii) the right to create derivative works from the Content, (iii) the right to include the Content in advertising and promotion, and (iv) the right to sub-license, reproduce, resell, and redistribute the Content, and any derivative works thereof, to third parties in any medium and anywhere in the world without compensation to you. These rights remain with us even when you remove or modify the Content and survive the termination of these Terms and Conditions.
As the Services are not designed as a platform to store your Content, we will not be responsible for archiving and/or backing up the Content. Please take care of your own backups. For the same reason, we reserve the right to block access to or remove the Content or any part of it at any time.
PERSONAL DATA
Like many websites, we collect information about our users. The detailed conditions are outlined in our Privacy Policy.
TERMINATION
At any time and for any reason we may terminate this agreement and/or your access to the Services without notice to you. We shall have no liability or obligation for the termination of this agreement.
INDEMNITY
You agree to indemnify and hold TripAdd, its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and its employees harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of the Services.
EXCLUSION OF WARRANTIES AND LIABILITY
TRIPADD DOES NOT WARRANT THE CONTENT, ACCURACY OR VERACITY OF ANY MATERIAL OR OTHER INFORMATION IN THE SERVICES, THE RESPONSIBILITY FOR WHICH RESTS WITH YOU.
YOU SHALL ACCEPT THE SERVICES “AS IS” WITH ANY FAULTS OR FAILINGS AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF ACCURACY, COMPLETENESS, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN NO EVENT WILL TRIPADD BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY YOUR OR SERVICES USERS’ ACCESS TO, OR USE OF THE SERVICES, ANY MATERIAL THEREON OR ANY PRODUCTS, GOODS, MATERIALS OR SERVICES AVAILABLE THEREFROM, WHETHER BASED IN CONTRACT, TORT AND WHETHER NEGLIGENT OR OTHERWISE, EVEN IF AMCHARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THIS EXCLUSION OF LIABILITY IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE UNLAWFUL, BUT THAT LIABILITY MAY BE LAWFULLY LIMITED, TRIPADD’S AGGREGATE TOTAL LIABILITY TO YOU FOR ALL SUCH DAMAGES AND LOSSES SHALL BE LIMITED TO THE 50 EUR.
MISCELLANEOUS PROVISIONS
If any section or portion(s) of these Terms and Conditions is declared invalid by any court of competent jurisdiction or a government agency having jurisdiction, the remainder of these Terms and Conditions, and the application of such provision to persons or circumstances other than those to which it is held invalid by such court, shall not be affected thereby, and these Terms and Conditions shall remain in full force and effect. To the extent possible, the parties shall reform such an invalidated section or portion(s) thereof in a manner that will render such provision valid without impairing the parties’ original intent.
These Terms and Conditions are personal to you and may not be transferred, assigned, or delegated to anyone. Any attempt by you to assign, transfer, or delegate these Terms and Conditions shall be null and void. We may assign these Terms and Conditions without consent or notice.
These Terms of Service shall be governed by and construed in accordance with the laws of the United States. All disputes, controversies or claims arising out of or in connection with the existence, validity, interpretation or performance of these Terms and Conditions shall be finally settled by the courts sitting in New York City, United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at the www.eddytravels.com.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service. It is your responsibility to check www.eddytravels.com periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@tripadd.com or by mail using the details provided below:
TripAdd LLC, 10 E 39th St, 8th floor, New York, NY 10016, United States
These Terms and Conditions have been updated on December 6, 2022.