Terms & Conditions
The Site allows Members to create and share their own itineraries. In this Agreement we refer to all of this Content provided by Users as “User Content”.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content only to the extent necessary to provide the Site and Services to Users, including to display User Content in the manner requested by the User to operate the Site and Services.,
- In order for us to make the User Content you contribute available on the Site for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement.
For example, if you upload an itinerary, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
- Therefore, by contributing User Content to the Site or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place even after termination of your Membership and account.
Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
This license also grants us the right to sublicense that User Content to other Users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used.
- We may from time to time change the manner in which User Content can be used by the Service, and if we do so any license you have granted to us under Section 3(2) shall automatically be extended to new uses permitted by the Service, and any licenses previously granted to us for uses no longer permitted by the Service shall continue in accordance with Section 3(4). If you contribute User Content to the Site, it is your responsibility to check the Site from time to time to review how we permit User Content to be used.
- You may at any time, on written notice to us, terminate your use of the Site and this Agreement in the manner provided below, and upon such termination your license to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service. For example, if at the time of your termination any User Content you have contributed to the Site as an artist is used in a Story, or has been printed by a Member for their personal use, or is used by us in promotional materials, those uses may continue until they cease. In particular, if at the time of your termination your User Content has been sublicensed by us to a third party for printing, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Also, if you choose to terminate, while it is not our usual practice, we may retain a copy of the applicable User Content for archival purposes. Finally, if your use of the Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately.
- StampedTribe reserves the right to remove Content from the Site at any time, without notice, for any reason, or for no reason, in its sole discretion.
- You represent and warrant to StampedTribe that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement
- You own all intellectual property of your own original content you contribute. You must not upload or contribute any content not originally created by you, or any content which is not properly licensed to you by someone else for uploading or contributing
- Indemnification by Customer. Customer will defend STAMPEDTRIBE and its Affiliates against any claim, demand, suit or proceeding made or brought against STAMPEDTRIBE by a third party alleging (a) that any Customer Data or Customer’s use of Customer Data with the Services, (b) a Non-STAMPEDTRIBE Application provided by Customer, or (c) the combination of a Non-STAMPEDTRIBE Application provided by Customer and used with the Services, infringes or misappropriates such third party’s intellectual property rights, or arising from Customer’s use of the Services or Content in an unlawful manner or in violation of the Agreement, the Documentation, or Order Form (each a “Claim Against STAMPEDTRIBE”), and will indemnify STAMPEDTRIBE from any damages, attorney fees and costs finally awarded against STAMPEDTRIBE as a result of, or for any amounts paid by STAMPEDTRIBE under a settlement approved by Customer in writing of, a Claim Against STAMPEDTRIBE, provided STAMPEDTRIBE (a) promptly gives Customer written notice of the Claim Against STAMPEDTRIBE, (b) gives Customer sole control of the defense and settlement of the Claim Against STAMPEDTRIBE (except that Customer may not settle any Claim Against STAMPEDTRIBE unless it unconditionally releases STAMPEDTRIBE of all liability), and (c) gives Customer all reasonable assistance, at Customer’s expense. The above defense and indemnification obligations do not apply if a Claim Against STAMPEDTRIBE arises from STAMPEDTRIBE’s breach of this Agreement, the Documentation or applicable Order Form.