1. Acceptance of Terms
1.1. Agreement to Terms
By accessing or using the thetripatlas.com website (“Website”), you signify your acceptance of these Terms of Service/Use (“Terms”) and the Privacy Policy, which are hereby incorporated by reference. If you do not agree to these Terms and the Privacy Policy, you should immediately discontinue your use of the Website.
1.2. Amendments to the Terms
thetripatlas.com (“Company”) reserves the right to modify or replace these Terms at any time at its sole discretion. Amendments to the Terms become effective immediately upon posting on the Website. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes. You are responsible for reviewing the Terms periodically to stay informed of any modifications.
2. User Rights and Responsibilities
2.1. Permissible Use
The Website is provided for your personal, non-commercial use. You may not use, reproduce, distribute, sell, or exploit any portion of the Website, its content, services or products except as expressly permitted by these Terms. You are responsible for ensuring that your use of the Website complies with all applicable laws, regulations and these Terms.
2.2. User Conduct
You agree that your use of the Website will not violate any applicable laws, regulations, or third-party rights. Without limiting the foregoing, you agree not to: (a) access or use the Website in any manner that is likely to, in our sole discretion, be harmful to us; (b) post or transmit any User Content (as defined below) that is illegal, obscene, threatening, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or otherwise objectionable or in violation of these Terms; (c) attempt to gain unauthorized access to the Website, any related website, or any other systems or networks connected to the Website, whether through hacking, password mining or any other means; or (d) interfere with or disrupt the Website, any servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
3. Content Guidelines
3.1. User Content
You may have the opportunity to submit, post, upload, or otherwise contribute content, including but not limited to text, photographs, videos, and audio materials, on the Website (“User Content”). By submitting User Content, you warrant that you have the right to submit such User Content and that your submission of such User Content does not violate any third party copyright, trademark, trade secret, or other proprietary or intellectual property rights, or any applicable laws.
3.2. Ownership of User Content
You retain all ownership rights in your User Content. However, by submitting User Content to the Website, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and the Company’s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
3.3. Company’s Content
All content on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by Indian and international copyright, trademark, and other applicable laws.
3.4. Links to Third-Party Websites
The Website may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
4. Dispute Resolution
4.1. Informal Resolution
If you have any disputes with the Company related to the Website, you agree to first contact the Company directly and attempt to resolve the dispute informally. In the event that the dispute cannot be resolved informally, you or the Company may initiate binding arbitration as provided in Section 4.2 below.
4.2. Arbitration
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website (collectively, “Disputes”) shall be resolved by final and binding arbitration in accordance with the Indian Arbitration and Conciliation Act of 1996, as amended from time to time. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be in India. The language to be used in the arbitration proceedings shall be English (USA). Either you or the Company may seek any interim or preliminary relief from any Indian court of competent jurisdiction in India necessary to protect the rights or property of you or the Company (or its agents, suppliers, or licensors) pending the completion of arbitration.
5. Miscellaneous Provisions
5.1. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law rules. Subject to Section 4.2 above, any legal action or proceeding arising out of or relating to these Terms or the use of the Website shall be exclusively brought in the courts of India, and you hereby consent to the jurisdiction and venue of such courts and waive any objections thereto.
5.2. Entire Agreement
These Terms, together with the Privacy Policy and any other agreements or policies expressly incorporated by reference herein, constitutes the entire agreement between you and the Company regarding the Website and supersedes any prior or contemporaneous negotiations, understandings, or agreements between you and the Company with respect to the subject matter hereof.
5.3. Severability and Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The failure or delay by the Company in exercising any right, power, or remedy under these Terms shall not operate as a waiver thereof.
6. Standard Execution Clause
By using the thetripatlas.com website, you indicate your acceptance of these Terms of Service/Use. If you do not agree with these Terms of Service/Use or any part of them, please refrain from using the thetripatlas.com website. Your continued use of the website following the posting of any changes to the Terms of Service/Use constitutes acceptance of those changes.
This agreement is effective as of the 12th day of September 2024.