TRAILQUEST TERMS AND CONDITIONS
These terms and conditions (“Terms and Conditions”) are a legally binding agreement between you, the entity that will be utilizing the Trailvest Application (referenced below as “You” or “User”), and Trailvest Ltd., a company incorporated under the laws of the state of Israel (“Trailquest”, “Application” or “We”), with respect to Trailquest’s services which are available via Trailquest’s Applications (collectively, the “Service” or “Services”).
By installing and/or using the Trailquest app, you accept the Terms and Conditions hereof. Trailquest reserves the right, in its sole discretion, to modify these Terms and Conditions at any time by posting the modified provisions at http://trailquest.co/terms.html, and You shall be responsible for reviewing and becoming familiar with any such modifications. Please note that any such modifications shall become effective immediately upon posting. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS AND USE ANY PART OF THE SERVICES OR APPLICATION.
- THE SERVICES
- Trailquest provides a platform for social networking which enable users to interact and share content.
- The Services are available only to individuals that can form legally binding contracts under applicable law, and You hereby warrant that You have the authority to enter into these Terms and Conditions, and that your use of the Service on behalf of any third party is authorized by such third party. If You learn of an unauthorized use of the Services by a third party we encourage You to notify us.
- It is hereby clarified, You are solely responsible for your interactions with other Users and third parties via the Services. Trailquest is not directly involved in any communication between Users, and only provides a technological solution that enables the online communication between Users and the transfer, distribution and publication of the User Content (as defined below) by You. Trailquest takes no responsibility and assumes no liability for any communication between User or any User Content that You or any other User or third party post or transfer over the Service.
- As a condition to using all or some aspects of the Services, Users are required to register to the Services through their social network account on other platforms, and create a User account. Your User account gives You access to the Services and other functions that Trailquest may establish and maintain from time to time, at its sole discretion.
- As part of the registration process, You may be required to provide Trailquest certain personal information (including, age, gender, nationality, name, phone number, e-mail address, etc.) and to select a password.
- User shall provide Trailquest with accurate, complete, and updated registration information, in compliance with all applicable laws, rules and regulations, and may not (i) impersonate another person; (ii) use as a user name a name subject to any rights of another person or entity without appropriate authorization; or (iii) use another User’s account without permission. Trailquest reserves the right to refuse User’s registration or to block User’s access to the Services, at its sole discretion. The User is solely responsible for the activity that occurs on its account, and must keep its account credentials secured. The User must notify Trailquest immediately of any breach of security or unauthorized use of its account. Trailquest will not be liable for your losses caused by any unauthorized use of your account, however, You may be liable for the losses of Trailvest or others due to such unauthorized use.
- INTELLECTUAL PROPERTY AND LICENSE
- Trailquest retains all right, title, and interest in and to the Services and Application (including all related intellectual property rights). Subject to these Terms and Conditions, Trailquest hereby grants You a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to access and use the Service and the Application, provided that You will not alter or modify any part of the Service, other than as may be reasonably necessary to use the Service for its intended purpose. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to You by Trailquest with respect to the Services, including any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not.
- All photos, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, trademarks, service marks, trade names and other content (“Content”) used, displayed, included, incorporated, uploaded, posted or published by Trailquest or any third party on its behalf as part of the Services (other than User Content, as defined below), are the sole property of Trailquest and/or their licensors (“Trailquest’s Content”), and You may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of Trailquest or any relevant third party. For the sake of clarity, You may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute, sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, Trailquest’s Content or any part thereof.
- USER CONTENT
- As part of the Services, You may upload, post, publish, provide, display, share and otherwise transfer to third parties data, information, files and other Content (“User Content”).
- You hereby represent and warrant that You own or have all the necessary license, rights, consents, approvals, and permissions to use, and authorize Trailquest and other third parties, to use, exploit, publish, provide, copy, download, store, share, distribute and transfer the User Content, and share, publish, distribute and otherwise display profile information in the manner contemplated hereunder, all without infringing or violating any copyrights, privacy rights, publicity rights, trademarks or any other contractual, intellectual property or proprietary of any third party.
- The User hereby grants to: (i) Trailquest an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license to use, copy, download, store, share, publish, reproduce, distribute and display your User Content in the manner contemplated hereunder, and to allow others to do so in order to provide or enable the Services; and (ii) each User of the Service a non-exclusive license to view your profile through the Service.
- You understand that when using the Services you will be exposed to User Content from a variety of sources, and that You are solely responsible for your interactions with other Users and third parties via the Services. Trailquest takes no responsibility and assumes no liability for, and makes no guarantees or warranties to, the accuracy, validity, legal status, usefulness, safety, or intellectual property rights of, any User Content that You or any other User or third party post or transfer over the Service. You understand and acknowledge that You may be exposed to User Contents that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Trailquest with respect thereto.
- User warrants and undertakes that it shall be solely responsible for any User Content that User shall upload, post, publish, provide, display, share and otherwise transfer via the Services and for any damage or loss to any other third party resulting therefrom, and User shall assume all risk in connection therewith.
- PROHIBITED USE
- You hereby warrant, represent and undertake that You will not, and will not permit or authorize third parties to use the Services in any way that: (a) is defamatory, abusive, harassing, threatening, racially, or constitutes an invasion of a right of privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (b) infringes, violates, misuses or otherwise interferes with any copyright, patent, trademark, trade secret or other intellectual property right or contractual rights of any third party; (c) is illegal or encourages or advocates illegal activity; (d) posts or transmits any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (e) contains viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Services or any system, computer software, hardware or telecommunications equipment; (f) creates a false identity or impersonates another person; (g) “stalks”
or otherwise harasses another or is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, “shaming”
and “griefing” as those terms are commonly understood and used on the internet; or (h) violates these Terms and Conditions and any applicable law or regulation.
- In addition, except as expressly authorized herein, You will not, and will not permit or authorize third parties to: (a) take any action intended to circumvent or disable the operation of any security feature or measure of the Services; (b) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Services, or any portion thereof, to any third party; (c) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the Services or any part thereof; (d) modify, reproduce, or create derivative works from the Services or any part thereof; (e) access the Services or Trailquest’s facilities via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); or (d) use the Services in any manner that is illegal or not authorized by these Terms and Conditions.
- If You send Trailquest feedbacks or suggestions regarding the Services, You acknowledge that Trailquest may use them at its sole discretion, without any obligation to compensate You in any manner for such feedbacks or suggestions.
- You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the Services, and for any fees charged by third parties in connection therewith, and Trailquest shall have no responsibility or obligation in connection therewith.
- Trailquest may (i) change, suspend or discontinue the Services (or any part thereof) at any time, including the availability of any feature, content or database, without notice or liability; (ii) offer alternative and/or additional Services to certain Users, that may not be offered to other Users. You acknowledge that Trailquest may charge a fee for the use of any Services, provided that Trailquest notifies You of any such fee before You incur it. In addition, Trailquest may impose limits on certain features or restrict your access to the Services (or any part thereof) without notice or liability.
- It is hereby clarified, that the Services (including the messages submitted by other Users through the Services) may contain links to other third parties’
Trailquest may terminate or suspend your license, account and access to the Services (or any part thereof) immediately, without prior notice or liability, if You breach, or fail to comply with, any of the Terms and Conditions hereof. Trailquest may also terminate a User’s access to the Service, if such User is determined to be a repeat infringer, or for any or no reason. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a profile picture or other Content removed from the Service more than once. All the provisions of these Terms and Conditions which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms and Conditions shall not relieve You from any obligation arising or accruing prior to such termination or limit any liability which You otherwise may have to Trailquest.
- WARRANTY AND DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. THE SERVICES AND APPLICATION ARE SUPPLIED “AS IS”, AND WITHOUT WARRANTY OF ANY KIND. TRAILQUEST DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. TRAILQUEST MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, THE CONTENT AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL TRAILQUEST, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE SERVICES, THE APPLICATION, OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE APPLICATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER TRAILQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AGGREATE LIABILITY OF TRAILQUEST AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELTATED TO YOUR USE OF THE SERVICES OR APPLICATION EXCEED THE SERVICE FEE ACTUALY PAID (IF ANY) BY YOU TO TRAILQUEST FOR THE SERVICES WITH RESPECT TO THE CLAIM OR CAUSE OF ACTION.
WITHOUT DEROGATING FROM THE FOREGOING, TRAILQUEST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, APPLICATION AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE OR APPLICATION, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE OR APPLICATION THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) 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 OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
Upon its first demand, You will indemnify and hold Trailquest, its shareholders, directors, officers and employees, harmless from any claim, liability, cost, loss, damage and expense (including reasonable legal fees) caused due to Your access and use of the Services in violation of these Terms and Conditions or in violation or infringement of any rights (including, without limitation, privacy right, copyright, or other intellectual property rights) of any User or other third party.
- REPORTING OF INTELLECTUAL PROPERTY INFRINGEMENTS
- If You believe in good faith that any material or content made available on or through the Services has been used or exploited in a manner that infringes or violates any intellectual property you own or control, please send us prompt written notice thereof via e-mail at: firstname.lastname@example.org (the “Infringement Notification”). The Infringement Notification must be signed (physically or electronically) by the owner of the works(s) that has/have been allegedly infringed or violated (or any person duly authorized to act on its behalf) and include the following information: (i) identification of the applicable work(s) or other intellectual property rights being infringed or violated; (ii) identification of the materials that are claimed to be infringing or violating, including information reasonably sufficient to enable us to locate such materials; (iii) contact information of the applicable notifier (including address, phone number and, if available, e-mail address); and (iv) a statement that (a) You have a good faith belief that use of the material described above, in the manner you have complained of, is not authorized by the owner, its agent, or law; and (b) the information in your Infringement Notification is accurate, and under penalty of perjury, You are the owner or authorized to act on behalf of the exclusive owner that is allegedly infringed.
- Trailquest's intellectual property policy is to remove or disable access through the Services to any Content or material(s) that We believe in good faith, upon receipt of an Infringement Notice, is infringing or violating the intellectual property of any third party or to remove or cancel our Services with respect to such Content. In addition, Trailquest reserves the right to remove or disable access through the Services to any Content posted, uploaded, published or distributed by repeat infringers.
- If the provider of the allegedly infringing material, believes in good faith that the material that was removed or to which access was disabled is either not infringing, or that provider has the right to post and use such material from the owner of the works(s) that has/have been allegedly infringed or violated, its agent, or pursuant to the law, the provider may send us a counter-notice thereof.
- These Terms and Conditions and its performance shall be governed by the laws of the State of Israel, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the courts of Tel-Aviv-Jaffa.
- Trailquest reserves the right to update these Terms and Conditions from time to time, with or without notice. If so, Trailquest will post its updated Terms and Conditions on http://trailquest.co/terms.html. Your continued use of our Services will be subject to the then-current Terms and Conditions. If any modification is unacceptable to You, You may cease using the Services. If You do not cease using the Services, You will be deemed to have accepted those modifications.
- Trailquest may assign at any time any of its rights and/or obligations hereunder to any third party without User’s consent.
- These Terms and Conditions will also govern any future upgrades or updates or new releases provided by Trailquest in connection with the Services, unless any such upgrades or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
- In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
- The failure of Trailquest to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by Trailquest in writing.
- If You have any questions or queries about these Terms and Conditions or our Services in general, please do not hesitate to contact us via e-mail at: email@example.com.