Welcome to www.PingMyTrip.com.com (the "Site"). Please read the following
Terms of Use ("Terms") carefully before using this Site so that you
("You" or "Your") are aware of Your legal rights and obligations
with respect to PingMyTrip.com, its affiliates and subsidiaries (individually
and collectively, "PingMyTrip.com" or "We").
We reserve the right, at our discretion, to modify these Terms at any time.
Please check these Terms periodically for changes. Your continued use of this
Site following the posting of changes to these Terms will mean You accept those
changes.
Your Acceptance
By using or visiting this Site (together with all Content (as defined below))
You signify Your assent to (1) these Terms of Use, (2) PingMyTrip.com's privacy
policy at http://www.PingMyTrip.com/privacy. These Terms apply to all users
of the Site. If you do not agree to these Terms or the Privacy Policy then please
do not use the Site.
Ability to Accept Terms of Use
You affirm that You are either more than 18 years of age or possess legal parental
or guardian consent to enter into these Terms, and to comply with these Terms.
In any case, You affirm that You are over the age of 13, as the Site is not
intended for children under 13. If You are under 13 years of age, then please
do not use the Site-there are lots of other great web sites for You. Talk to
Your parents about what sites are appropriate for You.
Website Access
PingMyTrip.com hereby grants You permission to use the Site, provided that:
(i) Your use of the Site is solely for Your personal use; (ii) You will not
copy, distribute or modify any part of the Site without PingMyTrip.com' prior
written authorization; (iii) You will not send unsolicited or unauthorized advertisements,
spam, chain letters, etc., (iv) You will not transmit any content which contains
software viruses, or other harmful computer code, files or programs; (v) You
will not disrupt servers or networks connected to the Site; and (vi) You comply
with these Terms.
You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," and "offline readers," that
accesses the Site in a manner that sends more request messages to the PingMyTrip.com
servers in a given period of time than a human can reasonably produce in the
same period by using a conventional on-line web browser. PingMyTrip.com reserves
the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information,
including account names or e-mail addresses, from the Site, nor to use the communication
systems provided by the Site for any commercial solicitation purposes. You agree
not to solicit, for commercial purposes, any users of the Site with respect
to their User Submissions (as defined below).
Limitation of Liability and Warranty
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND
PINGMYTRIP.COM, THE CONTENT AND SERVICES (AS SUCH TERMS DEFINED BELOW) ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTY OF NON-INFRINGEMENT.
WHILE WE MAKE EVERY REASONABLE EFFORT TO ENSURE THAT THE SERVICE AND THE CONTENT
WILL FUNCTION AS CLAIMED, PINGMYTRIP.COM DOES NOT GUARANTEE THAT THE SITE, SERVICE
OR THE CONTENT WILL PROVIDE UNINTERRUPTED, BE FREE OF BUGS, SECURITY BREACHES,
VIRUS ATTACKS AND THE LIKE, OR THAT THEY WILL ALWAYS BE AVAILABLE. THE SERVICE
WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER
REASONS. YOU ARE SOLELY RESPONSIBLE FOR KEEPING BACKUPS OF ANY USER SUBMISSION
YOU UPLOAD ON PINGMYTRIP.COM' FOLDERS. IN ADDITION, YOU AGREE THAT PINGMYTRIP.COM
WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT
FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION
OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT PINGMYTRIP.COM SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
PINGMYTRIP.COM DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT,
OR SERVICE THAT APPEARS IN ITS USERS' SUBMISSION OR THAT IS FEATURED OR ADVERTISED
ON THE PINGMYTRIP.COM SERVICE.
YOU ARE SOLELY RESPONSIVE FOR YOUR INTERACTION WITH OTHER PINGMYTRIP.COM USERS.
IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE'S SERVICE, YOU AGREE THAT
PINGMYTRIP.COM IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED
WITH SUCH A DISPUTE. PINGMYTRIP.COM RESERVES THE RIGHT, BUT HAS NO OBLIGATION,
TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR
USE OF THE SITE'S SERVICES.
PINGMYTRIP.COM ALLOWS USERS TO OFFER, SELL, AND BUY ITEMS, AT ANYTIME, FROM
ANYWHERE, AT PRICES SET ONLY BY THE SELLERS. PINGMYTRIP.COM IS NOT INVOLVED
IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. PINGMYTRIP.COM HAS NO
CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS
ADVERTISED, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL
ITEMS, THE ABILITY OF BUYERS TO PAY FOR ITEMS, OR THAT A BUYER OR SELLER WILL
ACTUALLY COMPLETE A TRANSACTION.
UNDER NO CIRCUMSTANCES SHALL PINGMYTRIP.COM, ITS AFFILIATES AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL,
REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, SERVICE OR
THE SITE EVEN IF PINGMYTRIP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL PINGMYTRIP.COM' TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, DUE TO NEGLIGENCE OR
OTHERWISE) EXCEED THE LESSER OF $100 OR THE TOTAL FEES YOU PAID TO PINGMYTRIP.COM
IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
Code of Conduct
A. The Site may permit the submission of Content by You and other users ("User
Submissions") and the hosting, sharing and publishing of such User Submissions.
You understand that, whether or not such User Submissions are published, You
alone are legally responsible for Your User Submission.
B. You agree that You will not: (i) submit material that is copyrighted, protected
by trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless You are the owner of such rights or have
permission from their rightful owner to post the User Submission and to grant
PingMyTrip.com all of the license rights granted herein; (ii) publish falsehoods
or misrepresentations that could damage PingMyTrip.com or any third party; (iii)
submit material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to civil liability,
contains worms or viruses or any code of a destructive nature, violate any law,
or is otherwise objectionable as reasonably determined by PingMyTrip.com; or
(iv) impersonate another person. PingMyTrip.com does not endorse any User Submission
or any opinion, recommendation, or advice expressed therein, and PingMyTrip.com
expressly disclaims any and all liability in connection with User Submissions.
C. You understand that when using the Site, You will be exposed to User Submissions
from a variety of sources, and that PingMyTrip.com is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or relating
to such User Submissions. You may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and You agree to waive, and hereby do
waive, any legal or equitable rights or remedies You may have against PingMyTrip.com
with respect thereto, and agree to indemnify and hold PingMyTrip.com, its owners,
affiliates, employees, agents and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to Your use of the Site.
D. You agree that You will use the Service in compliance with all applicable
local, state, national, and international laws, rules and regulations, including
any laws regarding the transmission of technical data exported from Your country
of residence. You agree that You will not prevent others from using the Service
or use the Service for any fraudulent or inappropriate purpose: this includes
but is not limited to modifying, adapting or hacking the Site or creating, adapting
or modifying another website so as to falsely imply that it has any connection
with the Site.
Failure to comply with any of the foregoing stipulations may result in immediate
termination of these Terms, and may subject you to state and federal penalties
and other legal consequences.
PingMyTrip.com reserves the right, but shall have no obligation, to investigate
Your use of the Service in order to determine whether a violation of these Term
has occurred or to comply with any applicable law, regulation, legal process,
or governmental request.
Security
In order to obtain some services of the Site (including the uploading of User
Submission on the Site) ("Services"), You may need to create an account.
You may never use another person's account without his permission. When creating
Your account, You must provide accurate and complete information. You are solely
responsible for keeping Your account password secure, and You are solely responsible
for any activity that occurs under Your user name. You must notify PingMyTrip.com
immediately of any breach of security or unauthorized use of Your account. You
will be liable for any use made of Your account or password and the losses of
PingMyTrip.com or others due to such unauthorized use. PingMyTrip.com will not
be liable for Your losses caused by any unauthorized use of Your account.
Links
The Site may contain links to third party websites that are not owned or controlled
by PingMyTrip.com. PingMyTrip.com is not affiliated with those websites, has
no control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party websites. In addition, PingMyTrip.com will not
and cannot censor or edit the content of any third-party site. By using the
Site, You expressly release PingMyTrip.com from any and all liability arising
from Your use of any third-party website. Accordingly, We encourage You to be
aware when You have left the Site and to read the terms and conditions and privacy
policy of each other website that You visit.
Copyright
You must either own or have a license to use any copyrighted material that You
upload or post to the PingMyTrip.com Service. You must have written permission
to use the name or picture of any person mentioned in the User Submission You
upload to the Site.
You are solely responsible for complying with copyright laws. You may want
to take a look at the United States Copyright Office website for information
about copyright compliance in the United States: http://www.copyright.gov/circs/circ1.html.
You retain ownership of all rights in Your User Submission. However, by submitting
the User Submissions to PingMyTrip.com on publicly accessible areas You hereby
grant PingMyTrip.com the following worldwide, non-exclusive, royalty-free license(s)
as applicable:
• * With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such User Submission
solely for the purpose for which such User Submission was submitted or made
available. This license exists only for as long as you elect to continue to
include such User Submission on the Site and will terminate at the time you
remove or We remove such User Submission from the Site.
• * With respect to User Submission other than photos, graphics, audio
or video You submit or make available for inclusion on publicly accessible areas
of the Site, the perpetual, irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform and
publicly display such User Submission (in whole or in part) and to incorporate
such User Submission into other works in any format or medium now known or later
developed.
"Publicly accessible" areas of the Site are those areas that are
intended by PingMyTrip.com to be available to the general public. However, publicly
accessible areas of the Site would not include areas that are limited to certain
members.
You may terminate the license by removing the User Submission from the Site.
We reserve the right, at our sole discretion, to delete any uploaded material
that in our opinion contravenes copyright or other laws. Repeated misuse will
result in termination of Your use of the PingMyTrip.com Service.
Disclosure
PingMyTrip.com reserves the right to access, read, preserve, and disclose any
User Submission or any other information as it reasonably believes is necessary
to (a) satisfy any applicable law, regulation, legal process or governmental
request, (b) enforce these Terms, including investigation of potential violations
of it, (c) detect, prevent, or otherwise address fraud, security or technical
issues (d) respond to user support requests, or (e) protect the rights, property
or safety of PingMyTrip.com, its users and the public.
Intellectual Property Rights:
The content which is publicly displayed on the Site, including with limitations,
User Submissions, the text, Services, software, scripts, graphics, photos, sounds,
interactive features and any other content on the Site ("Content")
and the trademarks, service marks and logos contained therein, are owned by
or licensed to PingMyTrip.com. Content on the Site is provided to You "AS
IS". You may view or download the Content for Your personal use only and
may not be used, copied, distributed, transmitted, broadcast, displayed, sold,
licensed, de-compiled, or otherwise exploited for any other purposes whatsoever
without PingMyTrip.com' prior written consent. PingMyTrip.com reserves all rights
not expressly granted in and to the Site. You agree not to circumvent, disable
or otherwise interfere with security-related features of the Site or features
that prevent or restrict use or copying of any Content or enforce limitations
on use of the Site.
You acknowledge that PingMyTrip.com owns all right, title and interest in and
to the Service, including without limitation all intellectual property rights
(the "PingMyTrip.com Rights"), and such PingMyTrip.com Rights are
protected by U.S. and international intellectual property laws. Accordingly,
You agree that You will not copy, reproduce, alter, modify, or create derivative
works from the Service.
"PingMyTrip.com", the PingMyTrip.com logo, and other marks are trademarks
and/or service marks of PingMyTrip.com or its affiliates. All other trademarks,
service marks, and logos used on our Site are the trademarks, service marks,
or logos of their respective owners.
Advertisements
You understand and agree that PingMyTrip.com may display advertisements and/or
other information adjacent to and related to the User Submission that You upload
on public folders.
PingMyTrip.com serves relevant ads using a completely automated process. No
human will read the User Submission You store in Your PingMyTrip.com account
in order to target such advertisements or other information without Your consent,
and PingMyTrip.com will not provide any content or other personally identifiable
information to advertisers as part of the Service.
Termination and Cancellation
You may cancel Your use of the Services and/or terminate these Terms with or
without cause at any time by providing notice to PingMyTrip.com. This notice
must be given by mailing a termination notice titled "PingMyTrip.com agreement
termination" to PingMyTrip.com support team at support AT PingMyTrip.com.com.
You must mention in such e-mail your e-mail address and the password of your
account. A terminated account may continue to exist for up to 14 business days
from receipt of notice before such cancellation takes effect.
PingMyTrip.com may at any time and for any reason terminate or suspend the Services,
terminate these Terms, suspend or terminate Your account or take technical and
legal steps to keep users off the Site. In the event of termination or suspension,
Your account will be disabled and You may not be granted access to Your account
or any content contained in it, although residual copies of such content may
remain in our system.
Indemnification
You agree to hold harmless and indemnify PingMyTrip.com, and its subsidiaries,
affiliates, officers, agents, and employees from and against any and all claims,
damages, obligations, losses, liabilities, costs and expenses (including but
not limited to attorney's fees) arising from: (i) Your use of the Site and/or
Services; (ii) Your violation of these Terms; (iii) Your violation of any third
party right, including without limitation any copyright, property, publicity
or privacy right; or (iv) any claim that one of Your User Submissions caused
damage to a third party.
General
These Terms, and any rights and licenses granted hereunder, may not be transferred
or assigned by You, but may be assigned by PingMyTrip.com without restriction.
These Terms, the Privacy Policy and the relationship between You and PingMyTrip.com
are governed by and construed in accordance with the laws of Singapore, without
giving effect to its conflict of laws provisions, or Your actual state or country
of residence. Any claims, legal proceeding or litigation arising in connection
with the Service will be brought solely in Singapore, and You consent to the
jurisdiction of such courts. These Terms, together with the Privacy Policy and
any other legal notices published by PingMyTrip.com on the Site, shall constitute
the entire agreement between You and PingMyTrip.com concerning the Site. If
any provision of these Terms is deemed invalid by a court of competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms, which shall remain in full force and effect. No waiver
of any term of these Terms shall be deemed a further or continuing waiver of
such term or any other term, and a party's failure to assert any right or provision
under these Terms shall not constitute a waiver of such right or provision.