Welcome to MobilyTrip (the “Service”). This Service is composed of both the website (www.mobilytrip.com) and all related mobile applications (included, but not limited to, iPhone application). It is provided to allow customers to store their travel journals, find travel information and for no other purposes. The terms “we”, “us”, “our” and “MobilyTrip” refer to the Service. The term “you” refers to the customer visiting the Website and/or contributing content on this Website, both through the mobile application and the website.
This Service is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Service in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, you are not authorized to use this site. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement in accordance with the Terms and Conditions herein and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Use of the service
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a MobilyTrip account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our website. (iv) possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein.
MobilyTrip does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Copying, transmission, reproduction, republication, posting or redistribution of the Service Content or any portion thereof is strictly prohibited without the prior written permission of MobilyTrip. To request permission, you may contact MobilyTrip by using our contact form.
Users of the Service will not incur any charges for using the Site in accordance with these Terms and Conditions. However, the Service contains links to third-party websites which are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on the website. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where MobilyTrip provides details of charges for the Service, such information is provided for convenience and information purposes only. MobilyTrip in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites.
The content and information on this website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by MobilyTrip in connection with the Website or the services
Reviews, comments and use of other interactive areas
We appreciate hearing from you. Please be aware that by submitting public content to this Website by a mobile application, electronic mail, postings, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant MobilyTrip and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that MobilyTrip may choose to provide attribution of your comments or reviews at our discretion. You further grant MobilyTrip the right to pursue at law any person or entity that violates your or MobilyTrip’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
MobilyTrip does not edit or control the User Messages posted to or distributed on this Service including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. MobilyTrip nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If MobilyTrip provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish publicly through the Service any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, state, national or international law;
Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including MobilyTrip;
Unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters," political campaigning, advertising, contests, raffles, or solicitations;
Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Private information of any non-commercial third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content or links to content that, in the sole judgment of MobilyTrip, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose MobilyTrip or its affiliates or its users to any harm or liability of any type.
MobilyTrip takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MobilyTrip liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, MobilyTrip is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although MobilyTrip has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, MobilyTrip reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by MobilyTrip or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release MobilyTrip, and its licensees, successors and assigns, from any claims that you could otherwise assert against MobilyTrip by virtue of any such moral rights.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. MobilyTrip urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the Government, the European Union (EU) and destination country governments prior to booking travel to international destinations.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, MOBILYTRIP DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The information, software, products, and services published on this website may include inaccuracies or errors. MobilyTrip do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and any other travel products displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.),
MobilyTrip make no representations of any kind about the suitability of the information, software, products, and services contained on this website (site content) or any portion thereof for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by MobilyTrip. All such information, software, products, and services are provided "as is" without warranty of any kind. MobilyTrip disclaim all warranties and conditions that this website, its servers or any email sent from MobilyTrip, are free of viruses or other harmful components. To the maximum extent permitted under applicable law MobilyTrip hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
MobilyTrip also expressly disclaims any warranty or representation as to the accuracy or proprietary character of the site content.
Nothing in this agreement shall exclude or limit MobilyTrip's liability for (i) death or personal injury caused by negligence; (ii) fraud; or (iii) wilful default or gross negligence (iv) any other liability which cannot be excluded under applicable law.
Subject to the foregoing, you use the site at your own risk and in no event shall MobilyTrip be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of the Service or with the delay or inability to access, display or use the Service (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if MobilyTrip has been advised of the possibility of such damages.
These terms and conditions and foregoing liability disclaimer, do not affect mandatory legal rights that cannot be excluded under applicable law.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of MobilyTrip.
You agree to defend and indemnify MobilyTrip and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of the Service.
Links to third-party sites
This Website may contain hyperlinks to websites operated by parties other than MobilyTrip. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on MobilyTrip to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
Software available on this website
Unless otherwise specified, the materials on the Website are presented solely to provide information regarding and to promote MobilyTrip’s services, websites, partners and other products available.
Any software that is made available to download from the MobilyTrip websites ("Software"), any mobile appplication developed by MobilyTrip and available on the AppleStore and Android Market, is the copyrighted work of MobilyTrip. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by MobilyTrip, and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Copyright and trademark notices
All contents of this Website are: ©2011 MobilyTrip. All rights reserved. MobilyTrip is not responsible for content on websites operated by parties other than MobilyTrip. MOBILYTRIP, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of MobilyTrip and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MobilyTrip or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MobilyTrip and may not be copied, imitated or used, in whole or in part, without the prior written permission of MobilyTrip. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MobilyTrip.
Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
Notice and Take-Down Policy for illegal content
If you have any complaints or objections to material or content including User Messages posted on this Site, or if you believe that material or content posted through this Service infringes a copyright that you hold, please contact us immediately by using our contact form. MobilyTrip will make all reasonable endeavours to remove illegal content within a reasonable time.
MobilyTrip may change, add or delete these Terms and Conditions or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Site. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions.
MobilyTrip may change, suspend or discontinue any aspect of the MobilyTrip service at any time, including availability of any feature, database or content. MobilyTrip may also impose limits on certain features and services or restrict your access to all or parts of the Site or any other MobilyTrip web site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms and Conditions or of any law or regulation and where it decides to discontinue providing a service.
YOUR CONTINUED USE OF MOBILYTRIP NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and MobilyTrip as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and MobilyTrip with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and MobilyTrip with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Site may not always be updated on a periodic or regular basis and consequently is not required to register as editorial product under any relevant law.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.