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Terms of use FOR Services offered by Culture Trip

 

These Terms of Use govern the use of any website, mobile site and mobile application, and services, features and applications offered by The Culture Trip Ltd (the “Services”) by users of the Services (each a “User”).

 

All images, pictures, drawings, graphics, videos, text, links, posts, messages, emails, music, software, technology and all other materials and content made available by The Culture Trip Ltd, its affiliates enterprises, licensors, service providers or by Users (as defined below) on the Services (the “Content”, and references hereafter to Services include also Content).

 

The Services are made available for information purposes only. Users should read these Terms of Use carefully and fully before using the Services. Use of the Services is deemed acceptance of these Terms of Use; Users who do not accept these Terms of Use should refrain from using the Services. If a User has, in Culture Trip’s sole opinion, breached any of the provisions of these Terms of Use, Culture Trip reserves the right to terminate that User’s entitlement to use the Services for any and all purposes.

 

Definitions

 

In addition to terms defined elsewhere in these Terms of Use, the following terms shall have the following meanings in these Terms of Use, unless the context requires otherwise:

 

Culture Trip” and “The Culture Trip Ltd” means The Culture Trip Ltd, having its registered office at 16-15 Bastwick Street, first floor, EC1V 3PS, London, UK and registered with the Companies House under number 07539023;

“us”, “we”, “our” means or relates to Culture Trip, its affiliated enterprises, and each of our and our affiliated enterprises’ respective officers, directors, shareholders, employees, sub-contractors, representatives and assigns; and

“you”, “your” means or relates to the Users.

 

Access to the Services

 

You must be at least 18 years old to use the Services. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you. You may not use the Services and not accept the Terms of Use if you are a person barred from accessing the Services under the applicable laws of the country in which you are resident, or from which you interact with the Services. Each User is also responsible for ensuring that all persons who access the Services through that User’s internet connection are aware of, and comply with, these Terms of Use.

 

Users are responsible for making all arrangements necessary to gain access to the Services.

 

Access to each of the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend any Services we provide without notice. Subject to the section below entitled “Limitation of Liability”, we will not be liable in any way if, for any reason, Services are unavailable at any time or for any period. From time to time, we may restrict access to any or all parts of the Services, at our sole and absolute discretion.

 

Accounts and Password

 

Culture Trip may require you to create a User account with us or log in using your Facebook login information to use (parts of) the Services. Culture Trip may require you to provide a unique User name using Your email address or other identifier, a password, date of birth, title, name, address, country, telephone number and financial information to create a User account with Us. You must provide accurate and complete information and keep your User identification details updated. You will not use as a username a name of another person with the intent to impersonate that person. All User identification details, passwords and other pieces of information provided as part of our security procedures must be treated as confidential and should not be disclosed to any third party. You will be solely responsible to Culture Trip for any activities that occur under your User account and we are not responsible for any problems with Your User account due to misuse of your identification details and/or passwords. If You become aware of or suspect any breach of the security of any portion of the Services, you agree to notify us immediately at legal@theculturetrip.com. You will not use another person’s User account or identification details to use the Services without permission.

 

We have the right to disable any User account or password, at any time, if in our sole and absolute opinion the User has failed to comply with any of the provisions of these Terms of Use.

 

By using the Services through Facebook, you permit us to access information from your Facebook profile in accordance with our privacy policy. You may control the amount of information that we can access by adjusting your Facebook privacy settings. By using the Services you are authorizing us to collect, store, retain, and use all information to you permitted Facebook to provide to us in accordance with our privacy policy.

 

Conduct

 

Users must use the Services in accordance with these Terms of Use and not use the Services for any purpose that is prohibited by these terms of Use. Users must not:

 

 

Users must not upload, post, transmit, distribute or otherwise make available any material that: (i) is not that User’s own original work, or may infringe the rights of any third party, (ii) is false, misleading, untruthful or inaccurate, (iii) is defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability, or is otherwise inappropriate as determined by Culture Trip in its sole and absolute opinion, (iv) contains, in Culture Trip’s sole and absolute opinion, large amounts of untargeted, unwanted, unsolicited, repetitive, unauthorised content or any other form of similar solicitation (spam), or (v) contains financial, legal, medical or other professional advice.

 

To report any actual or suspected breaches of any of the above conditions, please contact us at legal@theculturetrip.com

 

Viruses, Hacking and Other Offences

 

Users must not:

 

A breach of this provision may constitute a criminal offence under the Computer Misuse Act 1990 and other applicable laws. We reserve the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing the identity of any User suspected to have been involved in such activities, in accordance with the Privacy Policy.

 

Subject to the section below entitled “Limitation of Liability”, We will not be liable for any loss or damage caused by any form of denial-of-service attack, virus, worm, Trojan, logic bomb or other technologically harmful material that may infect any User’s computer equipment, computer programs, data or other proprietary material due to use of the Services, or downloading of any Materials posted on the Services, or on any website or other Materials provided through the Services.

 

Intellectual Property Rights and License

 

‘The Culture Trip’ and the ‘The Culture Trip’ logo, and the names, logos, taglines and other marks identifying any Culture Trip group companies (together, the “Trade Marks”), and all rights therein, are the property of Culture Trip. Any other trade marks or service marks displayed on the Services are the property of their respective owners. These Terms of Use do not grant Users the right to use any Trade Mark, or any service mark or logo appearing on the Services for any purpose whatsoever.

 

All Content and all Trade Marks (together, the “Materials”) are, or may be, protected by law. Culture Trip is the owner or the licensee of all intellectual property rights in the Materials. All rights in the Materials are reserved. Except as expressly set out in these Terms of Use, Users are granted no rights in the Services or any of the Materials.

 

Subject to these Terms of Use, each User may, for his or her personal, non-commercial use only, view, download and print one copy of any page(s) or sections from the Services for personal reference and may draw the attention of others within his or her respective organisation to any Materials posted on, or made available through, the Services. This permission is granted subject to the proviso that the User shall: (i) make no amendments, changes or additions to any of the Materials; (ii) keep all copyright notices and other proprietary notices intact and together with the Materials to which they relate; (iii) not use the Materials in a manner that suggests any association with any other persons, products, brands or services other than Culture Trip; and (iv) not download the Materials to any database or other system that can be used to avoid future downloads via the Services. Except as set out in these Terms of Use, none of the Materials may be copied, reproduced, republished, transferred, downloaded, modified, transmitted, displayed, sold, distributed or licensed, by any means or otherwise exploited in any manner including, but not limited to, electronic, photocopying, mechanical, recording or otherwise, without the prior express written permission of Culture Trip.

 

License Grant by Users

 

Unless otherwise agreed in writing, any User who uploads, transmits, posts or otherwise makes available any Content via the Services thereby: (i) warrants that he or she has complied with all requirements of these Terms of Use, (ii) grants Culture Trip a non-exclusive, worldwide, royalty-free, irrevocable, perpetual licence to use, edit, modify, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and exploit such Content in any form or format, and for any purposes, including without limitation third party websites and after termination of your User account, and (iii) unconditionally waives all moral rights in respect of such Content. For clarity, the licence granted to us (i) includes our right to use such Content for commercial purposes such as, without limitation, advertising campaigns or sponsored Content and you shall not be entitled to any remuneration for such use, (ii) applies to your name and picture, to the extent that such Content includes your name or picture, and (iii) also applies to any Content made available by Users when using the #culturetrip hashtag or other Culture Trip-specific hashtags on Instagram, Twitter or on any other platform or in the context of any other social media campaign calling for image submissions.

 

For clarity, the foregoing licences do not affect your other ownership or license rights in Content provided by you; you retain all copyright.

 

If we are notified in writing of any actual or alleged infringement of the intellectual property rights of any User, or any third party, we will make corrections or remove the alleged infringing material if requested, to the extent necessary to comply with applicable law. To notify us of any accidental breach of copyright, contact us at legal@theculturetrip.com.

 

Availability of Content

 

Culture Trip does not guarantee that any Materials will be made available, and reserves the right to, but does not have the obligation to: (i) remove, edit, modify or otherwise manipulate any Materials in its sole discretion, at any time, without notice to the Users and for any or for no reason and (ii) remove, or block any Materials from the Services.

 

Reliance on Information

 

Opinions and Materials provided on the Services should not be treated as, and are not intended to be, advice or recommendations on which reliance should be placed. The opinions and Materials on the Services are not intended to be, and do not constitute, a communication, invitation or inducement to engage in any investment activity, or to otherwise deal in the shares of The Culture Trip Ltd, or any other company. Anyone contemplating any investment activity should not rely on any opinions or Materials made available via the Services. Subject to the section below entitled “Limitation of Liability”, we disclaim all liability and responsibility arising from any reliance placed on such opinions and Materials, to the extent permitted by applicable law.

 

Although we make reasonable efforts to update the Materials provided via the Services, we make no representations, warranties or guarantees, whether express or implied, that such Materials are correct, accurate, complete or up-to-date. Culture Trip bears no responsibility for the accuracy of such Materials, and undertakes no duty to update, amend or rectify publicly any forward-looking statements contained herein, in light of new information or future developments.

 

Affiliate links

 

We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if and when you click on, make a purchase via, or take any other relevant action via the affiliate links.

 

User Generated Content

 

UGC or User Generated Content is Content that you or other users upload, submit, post, distribute or make available to the Services. Your communications on the Services are not private or confidential and may be viewed by others accessing the Services. Our privacy policy applies to UGC. We reserve the right to, but have no duty to, review, edit, move or delete any UGC in our sole discretion and without notice. We do not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted as UGC. Any information or material placed online by other Users is the view and responsibility of those Users and does not represent the view of Culture Trip. You agree that, to the maximum extent permitted by law, Culture Trip has no responsibility or liability to you for UGC including any failure to or delay in removing UGC. If you have a complaint about any UGC, please contact us at legal@theculturetrip.com.

 

Indemnity

 

Each User (the “Indemnifying Party”) agrees to indemnify, defend and hold harmless Culture Trip, its subsidiaries, officers, employees, agents, service providers and contractors (collectively, “Culture Trip Indemnitees”) from and against any and all claims, losses, expenses, demands or liabilities (including any attorneys’ fees and costs), incurred by Culture Trip Indemnitees that may arise out of or relate to: (i) any claim by a third party relating to the posting, distribution, modification or alteration by the Indemnifying Party of any Content; or (ii) the Indemnifying Party’s use of the Services or Materials, in violation of these Terms of Use or in violation of any applicable law or otherwise.

 

The Indemnifying Party agrees to cooperate with all reasonable requests from Culture Trip in connection with the defence of any such claims. Culture Trip Indemnitees reserve the right, at their sole discretion and cost, to assume the exclusive defence and control of any proceedings that would otherwise be subject to indemnification by the Indemnifying Party, and the Indemnifying Party shall not in any event settle any such claim or matter without the express prior written consent of Culture Trip.

 

Limitation of Liability

 

The Services, and any Materials, are each provided on an “as is” basis and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Any and all use that Users make of the Services, or any Materials, will be on the same “as is” basis, without any guarantees. Culture Trip does not warrant that the Services, or any Materials, or any other websites or online resources that may be linked to through the Services, will be accurate, compatible with any particular standards or equipment, free of defects, errors or potentially harmful components, available at any particular time or location, secure, or fit for any particular purpose.

 

To the maximum extent permitted by law, Culture Trip hereby expressly excludes any liability for any direct, indirect, consequential, incidental, special, punitive, compensatory loss or damage incurred by any User in connection with the Services or any Materials, or in connection with the use, inability to use, or results of the use of the Services, or any Materials, any websites linked thereto and any materials posted thereon, or made available thereby, including, without limitation, any liability for: loss of profits or contracts, loss of anticipated savings, loss of business, loss of income or revenue, loss of, or damage to, data, loss of goodwill, wasted management or office time, and/or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

 

Users accessing the Services from outside the United Kingdom are responsible for ensuring that any use they may make of the Services is in compliance with all applicable laws and regulations. In the event that any use of the Services is contrary to any applicable laws or regulations outside the United Kingdom, Culture Trip expressly disclaims and excludes any and all liability howsoever arising and of whatsoever nature arising from or in connection with such laws or regulations.

 

Nothing in these Terms of Use excludes or limits Culture Trip’s liability for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

Privacy Statement

 

As described in these Terms of Use, the Services are each made available to the general public by Culture Trip in accordance with the Privacy Policy.

 

Linking to or interacting with the Services

 

Users may link to the Services, provided this is done in a fair and legal manner, and does not damage, diminish or take any unfair advantage of Culture Trip’s reputation. The Services must not be ‘framed’ on or within any other website. Any service that links to or otherwise interacts with the Services must (i) not scrape the Materials from our pages, databases or feeds and reuse for its own or public use, and (ii) not imply that Culture Trip is endorsing its products or services.

 

Links from the Services

 

Where the Services contain links to other websites and resources provided by third parties, these links are provided for information purposes only. Culture Trip has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from any use of them. The inclusion on the Services of any links to third party websites or content is not an indication that Culture Trip endorses or approves of those third party sites or content. Subject to the section above entitled “Limitation of Liability”, we accept no liability of any kind for any information, products or services provided in or through any third party websites or content.

 

The Services may include certain features, functionality and/or content that may be hosted, administered, supplied by or operated by third party service providers, such as social, community and public discussion areas, photo and video galleries, blogs, auctions, shopping and payment processing. These service providers may require that you agree to their additional terms and conditions and rules. Your compliance with any such additional terms and conditions and rules is solely your responsibility and will have no effect on your continuing obligation to comply with these Terms of Use.

 

Amendments to these Terms of Use and Additional Rules

 

Culture Trip reserves the right to revise, remove or modify these Terms of Use at any time and for any reason. The provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Services, as applicable. All such revisions, removals and modifications shall be binding upon all Users, from the date on which they are made, in relation to the use of the Services by those Users. Your continued use of the Service shall constitute on-going acceptance of these Terms of Use, as updated from time-to-time. Users should review these Terms of Use regularly, in order to familiarise themselves with any revisions that may have been made.

 

Culture Trip reserves the right to post, from time to time, additional terms and conditions that apply to specific parts of the Services including without limitation competitions, prize draws and promotions. Your use of those parts of the Services constitutes your agreement to those additional terms and conditions.

 

Entire Agreement and Severability

 

These Terms of Use contain the entire understanding and agreement between Culture Trip and the User, in relation to the User’s use of the Services. These Terms of Use supersede and replace any previous agreement, statement or other communication (whether written or otherwise) made by the User or Culture Trip which is not contained herein.

 

Should any portion of these Terms of Use for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, that portion shall be deemed to be deleted without affecting the remaining portions.

 

No Waiver

 

Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. Any waiver of compliance with these Terms of Use shall not be binding upon Culture Trip, unless in writing and executed by an authorised representative by Culture Trip.

 

Assignment

 

Any licences granted to you under these Terms of Use are personal to you and these licences and these Terms of Use are not transferable, assignable or sublicenceable by you except with our prior written consent. We may assign, transfer or delegate our rights hereunder without consent.

 

Jurisdiction and Applicable Law

 

The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, these Terms of Use, the Services and/or any Materials. These Terms of Use and any dispute or claim arising out of or in connection with them, or their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.

 

Questions, Comments and Concerns

 

If you wish to make a formal complaint about any of the Materials or Services, or to raise any questions, comments or concerns about the Materials or the Services, please contact us at legal@theculturetrip.com.