Terms of Service

These Terms of Service ("Terms") govern your access to and use of Trepup's website. Please go through these Terms in detail, and contact us if you have any questions or require any clarifications. By accessing or using our website, you agree to be bound by these Terms and by our Privacy Policy.
1. Using Trepup
a. Can you use Trepup?
You may use our website only if you are eligible to enter into a valid agreement with Trepup, and comply with these Terms and all laws that may be applicable to you. You must be at least 13 years old and not otherwise prohibited from using the website. When you create your Trepup account, you must provide us with accurate and up-to-date information. If you open an account on behalf of a company, organization, or any other entity, then for the purposes of these Terms (a) "you" shall include you and the entity you are acting on behalf of, and (b) you represent and warrant that you have been authorized to grant the necessary permissions and licenses provided in these Terms as well as creating a binding obligation on the entity.
b. Your right to use Trepup
Subject to your continued acceptance and adherence to these Terms and our policies, we hereby grant to you a limited, non-exclusive, personal, non-assignable, non-sublicensable, and revocable license to access and/or use our website. Some of our products or services may include software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade the website, and these Terms will continue to apply to such upgrades. We may provide all or parts of the website either free-of-cost or charge a fee or a combination of the two, and reserve the right to introduce, increase, reduce, or abolish any such fee for any part or all of the website. You understand that at times the website may not be available due to upkeep and maintenance purposes or for reasons beyond Trepup’s control for which Trepup shall not be bound to give you any notice. All content and information on the website may be changed or updated without notice.
2. Content
a. Content posted by you
Trepup allows you to post content, including photos, comments, links, and other information. Anything that you post or otherwise make available on our website is referred to as user content ("User Content"). You are solely responsible for the User Content you post to Trepup and agree to ensure that it complies with these Terms, applicable laws, and our policies, and does not infringe any copyright or other intellectual property right of any entity or person. We reserve the right to remove or alter User Content for any reason, including for violation of these Terms, applicable laws, or our policies.
b. Ownership and usage of your content
You grant to Trepup and its users a royalty-free, non-exclusive, freely transferable, sublicensable, worldwide license to use, display, reproduce, share, store, modify, create derivative works, and distribute your User Content for the purposes of operating, developing, providing, and using our website. Nothing in these Terms shall otherwise restrict any other rights that Trepup may have with respect to User Content.
c. Deletion of your content
Following termination or deactivation of your account, we may still retain your User Content for a reasonable period of time for backup, archival, or audit purposes. In addition, Trepup and its users may retain and continue to use, display, reproduce, share, store, modify, create derivative works, and distribute any of your User Content that other users have shared or stored through Trepup. You understand and agree that even if you deactivate your account or remove some User Content, it may still appear in online searches.
d. Feedback you provide
Your feedback is valuable to us and we are always interested in learning from you the ways we can make Trepup better. If you choose to submit comments, ideas, or feedback, you agree that we are free to use or reject them without any restriction, acknowledgment, or compensation to you. By accepting your submission, Trepup does not waive any rights to use similar or related feedback previously known to Trepup, or developed by its employees, or obtained from sources other than you and you hereby allow Trepup to use the same.
3. Copyright Policy
Trepup has incorporated and implemented a copyright policy in accordance with the Digital Millennium Copyright Act.
4. Third-Party Links, Sites, and Services
Our website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned, sponsored, controlled, or in any way affiliated to Trepup. We do not endorse, recommend, or assume any responsibility for any third-party websites, information, materials, products, or services, and recommend that you review their terms of service before accessing or using them. You access any third-party website, service, or content at your own risk and you agree that Trepup will have no liability arising from your use of or access to them.
5. Security
Your security is of prime importance to us. While we work to protect the security of your account and User Content, Trepup cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We request you to notify us immediately if you learn of any breach or of any compromise or unauthorized use of your account.
6. Disclaimers
The website and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
TREPUP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Trepup takes no responsibility and assumes no liability for any User Content. User Content of the website is for general information purposes only and does not constitute any advice or opinion. Trepup gives no assurance or warranty whatsoever regarding the accuracy, authenticity, timeliness, or applicability of any of the content. You understand and agree that you may be exposed to User Content that is erroneous, offensive, unsuitable for children, or otherwise unsuited to your purpose.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TREPUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL TREPUP'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
8. Indemnity
You agree to indemnify and hold harmless Trepup and its affiliates, officers, directors, employees, and agents, from and against any claims, disputes, demands, proceedings, suits, liabilities, damages, losses, costs, taxes, and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, proceedings, or suits brought by third parties), in any way related to (a) your access to or use of our website, (b) your User Content, or (c) your breach of any of these Terms or the Privacy Policy or any other policies.
9. Termination
Trepup may without notice or cause terminate or suspend this license at any time. Upon termination, you agree to be bound by Sections 2 and 6-12 of these Terms, which shall survive such termination.
10. Governing Law and Jurisdiction
These Terms shall be governed by the laws of Switzerland.
Our website is controlled, developed, and operated in accordance with the laws of Switzerland, and we make no representations that they are suitable or available for use in other locations.
11. Arbitration
For any dispute you have with Trepup, you agree to first contact us and attempt in good faith to resolve the dispute with us amicably. If we have not been able to amicably resolve the dispute, we both agree to refer the dispute arising out of or in connection with or relating to these Terms by binding arbitration before an arbitral tribunal consisting of one arbitrator appointed in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the notice of arbitration is submitted in accordance with these rules ("Swiss Rules"). The arbitration proceedings shall be carried out in accordance with the Swiss Rules. The seat of arbitration shall be Zurich and the governing law of arbitration shall be Swiss Law and any statutory amendment or reenactment thereof for the time being in force. The arbitration proceedings shall be conducted in the English language. The award rendered by the arbitrator may include costs of arbitration, including reasonable attorneys' fees and other costs for expert and other witnesses. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the website. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, IT IS HEREBY AGREED THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TREPUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12. General Terms
a. Revision of Terms
Trepup reserves the right to revise these Terms at any time. If we believe that a revision is material, we may notify you. We further reserve the right to determine the most appropriate manner of providing notifications to you, and you agree to receive notices electronically if we so choose. You are advised to review the Terms periodically. Your continued access or use of the website once a revision becomes effective will mean that you accept the revised Terms and agree to be bound by them. If you do not agree to the revised Terms, please stop using the website.
b. Assignment
These Terms, and any rights and licenses granted hereunder, are personal to you and may not be transferred or assigned by you. Any attempted transfer or assignment shall be null and void. Trepup will be entitled to freely assign these Terms, rights, obligations, or licenses granted hereunder.
c. Severability
These Terms, together with the Privacy Policy and any other agreements you may enter into with Trepup in connection with the website, shall constitute the entire agreement between you and Trepup concerning the website. If any provision of these Terms is deemed invalid, then the validity, legality, and enforceability of the remaining provisions will not be affected and only that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
d. Waiver
Failure or delay to assert any right of provision under these Terms shall not be construed as a waiver by Trepup of any of its rights hereunder. A specific waiver of a term in these Terms shall not be deemed as a continuing waiver of such term or any other terms.
Effective: 1 January 2017
Terms of Service
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