1. Acceptance of Terms
In addition, when using particular TripHappy.com services, you and GHG Ventures LLC shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
2. Description of Services
GHG Ventures LLC through TripHappy.com currently provides users with trip planning, social networking services, and the ability to compare third party services including, but not limited to, tours, hotels, and hostels. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for GHG Ventures LLC to provide the Service.
You also understand and agree that the service may include certain communications from GHG Ventures LLC, such as service announcements, and that these communications are considered part of TripHappy.com membership and you may be able to opt out of receiving them.
Itineraries / Trips created by any user on TripHappy.com will be considered public information and will be shown to other users using TripHappy.com service, unless you specifically opt out from this service. TripHappy.com can use these Trips for any purpose that it deems fit for the benefit of TripHappy.com community.
GHG Ventures LLC will consider all user requests to register/unregister/unsubscribe users from the service.
GHG Ventures LLC assumes no responsibility for updating/deletion/display of any user data/information including profile information. For user requests of updating/deletion/display of any user data or information or profile information which has been voluntarily provided by the user for the benefit of TripHappy.com user community, GHG Ventures LLC cannot guarantee immediate actions on the same since this may have technical implications on the service and impact other users using the service.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
For accommodation bookings, users have the ability to book the selected hotel through a direct connection to the (third party) hotel booking site. As a result, the booking will be made directly on the hotel booking site and not on the TripHappy sites. In such cases, TripHappy is not the travel operator nor the contractual party for the user, but only an agent providing the technical connection to the hotel booking site of a third party. By making a booking on the website of the third party, users agree to be bound by the terms and conditions of that booking site. These terms and conditions can be viewed on the website of the third party. Once a booking is made on the website of a third party, a contract is concluded between the booking site and the user, and therefore no contract is concluded between the user and TripHappy. TripHappy is no contractual party to the hotel booking and all and any claims of the user under the hotel reservation are to be asserted against the third party (the booking site) and not against TripHappy.
This agreement is not affected by any other agreements between the hotel and users.
3. Your Registration Obligations
In consideration of your use of the Service, you agree to –
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or GHG Ventures LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GHG Ventures LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
GHG Ventures LLC is concerned about the safety and privacy of all its users, particularly of children. For this reason, we advise that parents of children under the age of 14 who wish to allow their children access to the Service should accompany them while using TripHappy.com services.
Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
5. Member Account, Password, and Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to –
(a) Immediately notify GHG Ventures LLC of any unauthorized use of your password or account or any other breach of security, and
(b) Ensure that you exit from your account at the end of each session. GHG Ventures LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
6. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GHG Ventures LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. GHG Ventures LLC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will GHG Ventures LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to -
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any GHG Ventures LLC server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of GHG Ventures LLC, including any TripHappy.com account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
You acknowledge that GHG Ventures LLC does not pre-screen Content, but that GHG Ventures LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move or keep any Content that is available via the Service TripHappy.com. Without limiting the foregoing, GHG Ventures LLC and its designees shall have the right to remove any content that violates the Terms of Usage or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created on/for TripHappy.com, or submitted to TripHappy.com, including without limitation information in TripHappy.com Message Boards, Itineraries and in all other parts of the Service.
You acknowledge and agree that GHG Ventures LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to –
- (a) Comply with legal process.
- (b) Enforce the Terms of Services.
- (c) Respond to claims that any Content violates the rights of third-parties; or
- (d) Protect the rights, property, or personal safety of TripHappy.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve –
- (a) Transmissions over various networks; and
- (b) Changes to conform and adapt to technical requirements of connecting networks or devices.
7. Special Admonitions for International Use
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 the United States or the country in which you reside.
8. Content Submitted or Made Available for Inclusion on the Service
GHG Ventures LLC does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant GHG Ventures LLC the following world-wide, royalty free and non-exclusive license(s), as applicable –
With respect to Content you submit or make available for inclusion publically accessible features on TripHappy.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purposes of providing and promoting TripHappy.com. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or GHG Ventures LLC removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or GHG Ventures LLC removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the service that will be available to the general public. By way of example, publicly accessible areas of the Service would include message boards, user profile pages, Itinerary views etc.
You agree to indemnify and hold GHG Ventures LLC, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the terms of usage, or your violation of any rights of another.
10. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. General Practices Regarding Use and Storage
You acknowledge that GHG Ventures LLC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GHG Ventures LLC servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that GHG Ventures LLC has no responsibility or liability for the deletion or updation or failure to store or storage of any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TripHappy.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GHG Ventures LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. Modifications to Service
GHG Ventures LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GHG Ventures LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that GHG Ventures LLC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if GHG Ventures LLC believes that you have violated or acted inconsistently with the letter or spirit of the terms of usage. GHG Ventures LLC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
14. Dealings with Advertisers/Affiliate Partners
Your correspondence or business dealings with, or participation in promotions of advertisers/affiliate Partners found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser/affiliate partner. You agree that GHG Ventures LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers/affiliate partners on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GHG Ventures LLC has no control over such sites and resources, you acknowledge and agree that GHG Ventures LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GHG Ventures LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. GHG Ventures LLC Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GHG Ventures LLC, advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
GHG Ventures LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work or reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided on TripHappy.com for using or accessing the Service.
17. Disclaimer of Warranties
You expressly understand and agree that –
- a) Your use of the service is at your sole risk. The service is provided on an "as is"and "as available" basis. GHG Ventures LLC expressly disclaims all warranties of any kind ,whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- (b) GHG Ventures LLC makes no warranty that –
- i) The service will meet your requirements,
- ii) The service will be uninterrupted, timely, secure, or error-free,
- iii) The results that may be obtained from the use of the service will be accurate or reliable,
- iv) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- v) Any errors in the software will be corrected.
- (c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- (d) No advice or information, whether oral or written, obtained by you from GHG Ventures LLC or through or from the service shall create any warranty not expressly stated in the terms of usage.
18. Limitation of Liability
You expressly understand and agree that GHG Ventures LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GHG Ventures LLC has been advised of the possibility of such damages), resulting from –
- (i) The use or the inability to use the service;
- (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- (iii) Unauthorized access to or alteration of your transmissions or data;
- (iv) Statements or conduct of any third party on the service; or
- (v) Deletion or failure of deletion of any content or user information on TripHappy.com
- (vi) Any other matter relating to the service.
19. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.
Notices to you may be made email. The Service may also provide notices of changes to the terms of usage or other matters by displaying notices or links to notices to you generally on the Service.
21. Trademark Information
TripHappy.com, TripHappy.com logo, and other GHG Ventures LLC logos and product and service names are trademarks of GHG Ventures LLC. Without GHG Ventures LLC’s prior permission, you agree not to display or use in any manner, the GHG Ventures LLC Marks.
22. Copyrights and Copyright Agents
GHG Ventures LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GHG Ventures LLC the following information at email@example.com
- (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- (b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
- (c) A description of where the material that you claim is infringing is located on the site;
- (d) Your address, telephone number, and email address;
- (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
GHG Ventures LLC’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows firstname.lastname@example.org
GHG Ventures LLC does not claim ownership of the images, pictures or photos on TripHappy.com. The images on TripHappy.com are user contributed images. GHG Ventures LLC is not liable for any damages, claims that may arise out of any copyright violation that happens because of user contributed images of TripHappy.com
GHG Ventures LLC will comply with Digital Millennium Copyright Act (DMCA). DMCA assures swift removal of images for copyright owners and provides a safe harbor from liability for complying web hosts once put on notice. We respect all copyright owners and will always comply with well documented notices.
24. Governing Law and Jurisdiction
The Terms of Usage constitute the entire agreement between you and GHG Ventures LLC and govern your use of the Service, superseding any prior agreements between you and GHG Ventures LLC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Usage and the relationship between you and TripHappy.com shall be governed by the laws of USA without regard to its conflict of law provisions.
25. Feedback and Information
Any feedback you provide to this website shall be deemed to be non-confidential. GHG Ventures LLC shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of you or of third parties; (ii) GHG Ventures LLC is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) GHG Ventures LLC may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from GHG Ventures LLC for the feedback under any circumstances.