Stamp App Terms of Service

Last Updated: May 31, 2015

I.   INTRODUCTION

Welcome to the to the Stamp Travel Tips website (the “Site”) which is owned, operated, and managed by Dope Travel LLC.  Stamp Travel Tips and Dope Travel LLC are sometimes collectively referred to in these Terms of Use (“Terms”) as Company”, “we” or “us”.

PLEASE READ THESE TERMS CAREFULLY.  These Terms of Use set forth legally binding terms and conditions, and govern this Site as well as any features, functionality, applications, content, products and services made available by us on or through this Site (collectively referred to herein as the “Service”), whether from a computer or other device.  By accessing or using the Site, you accept and agree to be bound by these Terms of Use.  [In addition, to become a registered member, you may be required to confirm that you have read and accepted these Terms of Use.  If a term does not make sense to you, please let us know by e-mailing  support@stamptraveltips.com.

 

2.        CHANGES TO THESE TERMS

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check Stamp Travel Tips Terms of Service for changes to these Terms.

If you continue to use the Service or Site after the revised Terms go into effect, then you have accepted the changes to these Terms.

 

3.        PRIVACY POLICY

For information about how we collect and use information about users of the Service and/or Site, please check out our privacy policy available at www.stamptraveltips.com/privatepolicy

4.        MEMBERSHIP ACCOUNTS

Registration.  If you meet the eligibility requirements [posted on the Site], you may register to become a “member” of the Site.  Members have access to certain features and functionality of the Site that are restricted or limited for non-registered “visitors.”  (For ease of reference, members and visitors may be referred to collectively in these Terms of Use as “users.”)  If you do not register to become a member, you cannot access or use these member-only features.

Account and Password.  When you register to become a member, you must provide certain information, choose a username and password, and set certain account preferences.  Your account may be used by you only, and may not be shared with any other individuals or entities.  You are solely responsible for selecting, changing, and maintaining the privacy of your username and password, and for all activity that occurs under your account.  You agree to notify us immediately at support@stamptraveltips.com if you suspect any unauthorized use of your account or access to your username or password.

 

5.        THIRD-PARTY SERVICES

From time to time this Site may contain links to third party websites, mobile sites or services not owned or operated by us, including to sites featuring companies, products, services or news that may be of interest or to pages that we maintain on YouTube, Facebook, Twitter or other social media sites (collectively “Third Party Site and/or Service”).  The inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval any Third Party Site and/or Service.  When you access or use a Third Party Site and Services, you do so at your own risk.  We assume no responsibility or liability for any information, products or services available on or through any Third Party Site and/or Service, or for any actions taken by you or others in connection therewith.  

Your use of this Site may also include the use of applications that are developed or owned by a third party. Your use of such third party applications as well as any Third Party Site and/or Service is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application and any Third Party Site and/or Service that you visit or use.  We assume no and do not have any responsibility or liability for any information, products or services available on or through any Third Party Site and/or Service, or for any actions taken by you or others in connection therewith.

Furthermore, Stamp Travel Tips reserves the right to display advertisements and sponsored content on our services. We may or may not directly identify advertisements and sponsored content.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

 

6.        USER CONTENT

[If you are a member of our Site, our Service allows you and other users to post or link and otherwise make content (referred to hereafter as “User Content”) available on our Site or through our Service. We will not be responsible for any charges whether data, email, text message, or voice call that you incur while using the Site or Service. You are responsible for all the User Content that you make available to the Site or through the Service, including its legality, reliability, and appropriateness.  By using the Site and Service, you understand that Stamp Travel Tips is not legally responsible for any User Content provided by your or others on the Site or using the Service. Users use the Site and/or Service at their own risk. If a user acts upon another user’s travel tip, recommendation, or “STAMP” provided through the Service, Stamp Travel Tips is not responsible for the outcome of that action in any regard.

When you post, link or otherwise make User Content available to our Site or through our Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your User Content on or through the Site and/or Service. We may format your User Content for display throughout the Site and/or Service, but we will not edit or revise the substance of your User Content itself.

We do not review, verify or authenticate any User Content you or others may post, link or make available on our Site or through our Service.  Such User Content may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any User Content available on the Site or through the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any User Content and/or the User Content you may post, link or otherwise make available on the Site or through the Service.

Aside from our limited right to your User Content, you retain all of your rights to User Content you post, link and otherwise make available on or through the Service.

You can remove the User Content that you posted by deleting it. Once you delete your User Content, it will not appear on the Site or through Service, but copies of your deleted User Content may remain in our system or backups for some period of time. We will retain web server content logs for a maximum of 90 days and then delete them.

Stamp Travel Tips is not a data storage and backup service. Therefore, we are  not liable or responsible for any loss of User Content that may occur when using the Site or Service. We reserve the right to suspend Service and/or your access to the Site at any time and for any reason (which may include but is not limited to maintenance, upgrades, geographical restrictions, and legal restrictions).

 

7.        YOUR CONDUCT

You may not post, link and otherwise make available on the Site or through the Service any of the following:

  • User Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
  • User Content that includes nude, partially nude, sexually suggestive, or hateful photos/ descriptive words;
  • User Content that is illegal or unlawful, that would otherwise create liability to us or others;
  • User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any person;
  • Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
  • Private information of any third party or individual (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers, and other private and confidential information); and
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code.

Also, you agree that you will not do any of the following in connection with the Site, Service or other users:

  • Use the Site or Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site and/or Service or that could damage, disable, overburden or impair the functioning of the Site and/or Service;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Site and/or Service;
  • Create an account or post any User Content if you are not over 13 years of age years of age; and
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Site and/or Service, users of the Site and/or Service, or third parties.

Stamp Travel Tips reserves the right to edit or delete any User Content that we find to be in violation of these Terms and restrictions. However, Stamp Travel Tips is not obligated to screen or monitor any User Content whatsoever, whether before and after such User Content is posted, linked or made available on the Site using the Service. As a result, Stamp Travel Tips is not liable for, and hereby disclaims any and all liability relating to  any User Content provided to the Site or otherwise available on the Site or using the Service. You are liable and legally responsible for all User Content, photos, and descriptions you provide, post, link to or otherwise make available on the Site or through the Service.

Any person using the Site or Service with an intention of recreating our content, database, or any other information without the prior written consent of Stamp Travel Tips is a violation of these Terms. It is a violation of these Terms for any person to use Stamp Travel Tips with the intention of data mining without prior written consent of Stamp Travel Tips.

 

8.        PROPRIETARY RIGHTS IN STAMP TRAVEL TIPS  AND MATERIALS

We put a lot of effort into creating the Site and the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your User Content). The Site, the Service and all property and materials used in connection with the Site and/or the Service (other than User Content) is owned by us or our licensors and is protected by U.S. and international copyright and other intellectual property laws. We only grant you the right to use the Site, and the Service in accordance with these Terms. Any other use of Stamp Travel Tips must have prior written consent.

Therefore, we and our licensors reserve all right, title and interest in and to the Site and the Service and all materials used in connection therewith (excluding User Content) including but not limited to all products, services, materials, information, and compilations of information available on or through the Site or using the Service, as well as any and all domains and sub-domains, the design, layout, graphics, programming code and “look and feel” of the Site, the copyrights, trademarks, service marks, and trade dress appurtenant thereto, all goodwill arising therefrom, and all other intellectual property and other proprietary rights of any nature throughout the world embodied therein.  You may not modify, reproduce, distribute, sell, or create derivative works based upon the Site or the Service, or post any User Content from the Site or using the Service to newsgroups, blogs, mailing lists or social networking sites, without our prior written consent

In addition, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Site or the Service; (ii) modifying or otherwise making any derivative uses of the Sight, the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Site or Service or any information contained therein; (v) reverse engineering, de-compiling or accessing the Site or Service in order to build a competitive product or service; or (vi) using the Site or Service other than for its intended purposes. If you violate any of the foregoing, we may terminate your use of the Site and/or Service and reserve all other rights and remedies available at law or in equity.

We own the trademarks of Stamp Travel Tips and any use of Stamp Travel Tips trademarks by a third party must receive prior written consent.

 

9.        HYPERLINKS AND THIRD PARTY CONTENT

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

We make no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to this Site or the Service. When you leave the Site and Service, you should be aware that these Terms and our policies no longer apply.

 

10.      UNAVOIDABLE LEGAL STUFF

THE SITE AND THE SERVICE AND ANY OTHER SERVICE AND CONTENT (INCLUDING USER CONTENT) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL USE OF THE SITE AND/OR THE SERVICE IS AT YOUR OWN RISK”.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THE SITE OR THE SERVICE.  WE EXPRESSLY  DISCLAIM ANY AND ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY, ORAL OR WRITTEN) WITH RESPECT TO THE SITE, THE SERVICE AND/OR ANY CONTENT (INCLUDING USER CONTENT) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION,  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT.   WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE SITE OR THE SERVICE WILL BE TRUE, ACCURATE, COMPLETE, UP-TO-DATE, OR FREE FROM VIRUSES, MALICIOUS CODE, TYPOGRAPHICAL ERRORS OR ALTERATION BY THIRD PARTIES.  WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL  COMPANY OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST PROFITS, DAMAGE TO OR LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, THE SERVICE, AND/OR THE PRODUCTS, SERVICES OR INFORMATION AVAILABLE OR ADVERTISED ON THE SITE OR THROUGH THE SERVICE, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE THEREON, OR ANY FORCE MAJEURE EVENT OR OTHER OCCURRENCE OUTSIDE OF OUR REASONABLE CONTROL.  THE TOTAL CUMULATIVE LIABILITY OF THE COMPANY AND ITS LICENSORS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, THE SERVICE AND/OR THE PRODUCTS, SERVICES AND INFORMATION AVAILABLE OR ADVERTISED ON THE SITE OR THROUGH THE SERVICE SHALL NOT EXCEED THE FEES (IF ANY) PAID BY YOU TO US FOR ACCESS TO THE WEBSITE IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF THE FIRST SUCH CLAIM OR TEN DOLLARS ($10), WHICHEVER IS GREATER.  THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION.  THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THESE TERMS OF USE, AND SHALL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.  CERTAIN STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR TYPES OF DAMAGES, AND SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from (i)  any claim or demand from a third party relating to your use of the Site or Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms, and (ii) any User Content you may post or link to or otherwise make available on the Site or through the Service.

 

11.      COPYRIGHT COMPLAINTS

We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers.

 

12.      MISCELLANEOUS

(a)       Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the Illinois without regard to conflicts of law principles.

(b)       Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Illinois located in Chicago, Illinois in connection with any such dispute including any claim involving the Site or Service. You further agree that you will not commence against the other a class action, class arbitration or other representative action or proceeding with respect to the Site or the Service.

(c)       Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Site and/or Service. We reserve the right to terminate access to the Site and/or Service by individual or third party at any time.  Additionally, we reserve the right to terminate any username at any time.

(d)       Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the access to and use of the Site and the Service and, supersede any and all prior agreements between you and the Company relating to your access to and/or use of the Site and/or Service.

12.      FEEDBACK

Please let us know what you think of the Site and Service, these Terms and, in general, Stamp Travel Tips App. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Stamp Travel Tips App you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions. In no event will the Company be liable for or be required to provide any compensation or recognition to any individual or group as a result of development and integration of any suggestion or feedback.

 

Questions & Contact Information

Questions or comments about the Service may be directed to us at the email address support@stamptraveltips.com