Access to the Site and the App
Access to each of the Site and the App is permitted on a temporary basis, and we reserve the right to withdraw or amend any services we provide via the Site or the App without notice. Subject to the section below entitled “Limitation of Liability”, we will not be liable in any way if, for any reason, the Site and/or the App are unavailable at any time or for any period. From time to time, we may restrict access to any or all parts of the Site and/or the App, at our sole and absolute discretion.
Accounts and Password
Users must not:
-use the Site or the App in breach of any applicable laws or regulations;
-use the Site or the App to harm, abuse, harass, stalk, threaten or otherwise offend others;
-interfere with, disrupt, or create an undue burden on the Site or the App;
-upload, post, transmit or otherwise make available any material that:
- is not that User’s own original work, or may infringe the rights of any third party;
- is, or could reasonably be expected to be, 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;
- contains, in The Culture Trip’s sole and absolute opinion, large amounts of untargeted, unwanted, unsolicited or repetitive content; or
- 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 firstname.lastname@example.org
Intellectual Property Rights
Each User may, for his or her personal, non-commercial use only, download and print off one copy of any page(s) or sections from the Site and the App 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 Site or the App. 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 The Culture Trip; and (iv) not download the Materials to any database or other system that can be used to avoid future downloads via the Site or the App.
Any User who uploads, transmits, posts or otherwise makes available any Materials via the Site or the App thereby:
-grants The Culture Trip a non-exclusive, worldwide, royalty-free, irrevocable, perpetual licence to use, reproduce, edit and exploit those Materials in any form or format, and for any purposes; and
-unconditionally waives all moral rights in respect of those Materials.
Any User who uses the #theculturetrip hashtag or other Culture Trip-specific hashtags on Instagram, Twitter or in the context of any other social media campaign calling for image submissions, makes available any of those Materials via the Site or its associated social media channels. The User retains all copyright but allows The Culture Trip to use the Materials in question for editorial purposes, along with complete captions crediting the User for their work.
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 promptly 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 email@example.com
Reliance on Information
Opinions and Materials provided on the Site and/or the App 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 Site and the App 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 Site and the App. 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 Site and the App, we make no representations, warranties or guarantees, whether express or implied, that such Materials are accurate, complete or up-to-date. The 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.
The Indemnifying Party agrees to cooperate with all reasonable requests from The Culture Trip in connection with the defence of any such claims. The 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 The Culture Trip.
Limitation of Liability
The Culture Trip does not warrant that the Site, the App, or any Materials, or any other websites or online resources that may be linked to through the Site or the App, will be accurate, compatible with any particular standards or equipment, free of defects, errors or potentially harmful components, or fit for any particular purpose.
To the maximum extent permitted by law, The Culture Trip hereby expressly excludes:
-all conditions, guarantees or warranties of any kind, express or implied; and
-any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Site, the App, or any Materials, or in connection with the use, inability to use, or results of the use of the Site, the App, 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 Site or the App from outside the United Kingdom are responsible for ensuring that any use they may make of the Site and the App is in compliance with all applicable laws and regulations. In the event that any use of the Site and the App is contrary to any applicable laws or regulations outside the United Kingdom, The 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 or Conditions excludes or limits The 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.
Viruses, Hacking and Other Offences
Users must not :
-misuse the Site and the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
-gain, or attempt to gain, unauthorised access to any part of the Site or the App, any servers through which the Site and the App are provided, or any server, computer or database connected to the Site and the App; or
-attack the Site or the App via a denial-of-service attack or a distributed denial-of service attack or other malicious misuse of the Site or the App.
Subject to the section above 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 Site or the App, or downloading of any Materials posted on the Site or the App, or on any website or other Materials provided through the Site or the App.
Linking to the Site
Users may link to the Site’s home page, provided this is done in a fair and legal manner, and does not damage, diminish or take any unfair advantage of The Culture Trip’s reputation. The Site must not be ‘framed’ on or within any other website.
Links from the Site and the App
Where either the Site or the App contains links to other websites and resources provided by third parties, these links are provided for information purposes only. The 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 Site or the App of any links to third party websites or content is not an indication that The 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.
Jurisdiction And Applicable Law
Questions, Comments and Concerns
Last updated: 1 December 2015