Terms

TERMS OF USE

 

Last revised March 30, 2017

 

 

Welcome to Travellers, operated by Bartholomäus Katzmarzyk (“Travellers”, “we” and “us”).

 

By creating a Traveller account or by using the Travellers app (“Travellers app”), whether through a mobile device, mobile application or computer (collectively: the “Service”) you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated by reference into this Agreement and available in the Service (this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, you are not allowed to use the Service.

 

1.Contractual components. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. This Agreement includes Travellers’s (i) Privacy Policy and (ii) Terms of Use.

 

2.Applicable law. This Agreement shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.

 

3.Changes. We may, at any time and for any reason make changes to this Agreement. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on traveller-s.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us by ceasing to use the Services and leaving Travellers.

 

4.Eligibility. You must be at least 18 years of age to create an account on Travellers and use the Service. By creating and account and using the Service, you represent and warrant that you can form a binding contract with Travellers, you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition, and you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

 

5.Creating an Account on Travellers. In order to use Travellers, you must have or create a Facebook account and sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile, your public Facebook pictures and information about Facebook friends you might share in common with other Travellers users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

 

6.Term and Termination. This Agreement will remain in full force and effect while you use the Service and/or have a Travellers account. You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service. Travellers may terminate or suspend your account at any time without notice if Travellers believes that you have breached this Agreement in its sole discretion. After your account is terminated, this Agreement will terminate, except that some provisions may still apply if required by law.

 

7.Non-commercial Use by Users. The Service is for personal use. Without permission by Travellers users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by Travellers. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose except with Travellers’s express consent (such as for promoted profiles or other advertisements), which Travellers may provide or deny in its sole discretion. Travellers may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service.

 

8.Account Security. You are responsible for maintaining the confidentiality of your Facebook login credentials you use to sign up for Travellers, and you are solely responsible for all activities that occur under those credentials. You agree to immediately notify Travellers of any disclosure or unauthorized use of your login credentials at help@Traveller-s.com.

 

9.Your Interactions with Other Users.

a.YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT TRAVELLERS CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. TRAVELLERS ALSO DOES NOT VERIFY THE STATEMENTS OF ITS USERS. TRAVELLERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. TRAVELLERS RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

 

b.Travellers is not responsible for the conduct of any user. As noted in and without limiting Sections 16 and 18 below, in no event shall Travellers, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

 

10.Proprietary Rights. Travellers owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of Travellers and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of Travellers or, if such property is not owned by Travellers, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

 

11.Spirit & Soul Clause. The use of Travellers App is free of charge. However, the use of Travellers App isn’t free. In order to use Travellers App, you are required to exchange your soul as compensation for the use of Travellers. By using Travellers App you authorize us to access, use and sell certain ‘soul and spirit information’ as well as your sell in toto (“soul”). Travellers may use your soul in a variety of manners, including but not limited to:

 

-Access your soul;

-Change your soul’s information;

-Wrestle with the devil using your soul as a shield;

-Sell your soul;

-Trade your soul;

-Abandon your soul.

 

Travellers may use your soul in every possible way although there is one restriction: Travellers is not allowed to sell your soul or trade your soul to the devil.

 

It is possible to use Travellers without accepting this ‘spirit & soul’ clause by simply writing an email (no content or subject needed) to:

saveyoursoul@traveller-s.com

Please be aware, that you need to write that email before you start using Travellers App.

 

12.Content Posted by You in the Service.

 

a.You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively: “post”) on the Service or transmit to other users, including text messages, chat, videos, photographs, or profile text, whether publicly posted or privately transmitted (collectively: “Content”). You may not post as part of the Service, or transmit to Travellers or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.

 

b.You understand and agree that Travellers may, but is not obligated to, monitor or review any Content you post as part of a Service. Travellers may delete any Content, in whole or in part, that in the sole judgment of Travellers violates this Agreement or may harm the reputation of the Service or Travellers.

 

c.By posting Content as part of the Service, you grant to Travellers a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones.

 

d.In addition to the types of Content described in Section 10(a) above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:

 

-promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

-advocates harassment or intimidation of another person;

-requests money from, or intended to defraud, other users of the Service;

-spams or solicits Travellers’s users;

-promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;

-promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, images, audio or video files or links to them;

-contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

-contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

-provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;

-provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;

-contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

-impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

-provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

-disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; and

-solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.

 

e.Travellers reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.

 

f.You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Travellers users).

 

13.Applicable law clause. Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Travellers may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of Travellers or any other person.

 

14.Prohibited Activities. Travellers reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way Travellers regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

 

-impersonate any person or entity.

-post any Content that is prohibited by Section 10.

-“stalk” or otherwise harass any person.

-express or imply that any statements you make are endorsed by Travellers without our specific prior written consent.

-use the Service in an illegal manner or to commit an illegal act.

-access the Service in a jurisdiction in which it is illegal or unauthorized.

-use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

-collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.

-interfere with or disrupt the Service or the servers or networks connected to the Service.

-transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

-forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).

-modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.

-post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.

 

15.Modifications to Service. Travellers reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Travellers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, Travellers reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.

 

16.Copyright Policy. Notice and Procedure for Making Claims of Copyright Infringement. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Notice of claims of copyright infringement should be provided to Travellers’s (info@traveller-s.com).

Travellers will terminate the accounts of repeat infringers.

 

17. Liability. We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence. The provisions of this Section 9 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.

 

18.Disclaimer. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.

 

19.Links. The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that Travellers is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service are solely between you and such third party. You further acknowledge and agree that Travellers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

 

20.Indemnity by You. You agree to indemnify and hold Travellers, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. Travellers reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Travellers in connection therewith.

 

21.Notice. Travellers may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

You, the buyer, may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, please send an email to info@traveller-s.com

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