“the App” and “our App” means the Trotjot software application for mobile phones and tablet computers.
“Advertiser” means an advertiser who has been accepted to place an advertisement or listing on or through the App.
“Subscriber” means a subscriber to the Services through this App.
“Content” means anything an end user, subscriber or Advertiser submits to be included on the App, including but not limited to all material, links, words and images.
“Services” means services available through our App including but not limited to photo curation, storage, and travel journal services.
“We”, “our” and “us” means Trotjot Pty Ltd and Trotjot.
“You” and “your” means each of the end user, subscriber or Advertiser to our services (as relevant).
You are using this App subject to our End User License Agreement (“EULA”) and by using the App, agree to the abide by the EULA at all times.
By using this App, you authorize us to use, re-use and to grant others the right to use and re-use your Content and any reproduction or similar, in any form of media or technology for any purpose related to the App.
You agree and acknowledge that the App, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the App.
Unless otherwise specified, the App and associated services are for your personal and own business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the App, which are not your own intellectual property.
You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.
Our App may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited.
You have the sole responsibility of (a) activities that occur under your account, (b)the veracity and accuracy of all the content and information that you submit, (c)your conduct in the use of the Services and interaction with other users and (d) maintaining the confidentiality and secrecy of your password. Trotjot is not responsible for the conduct of any user.
In case of a breach of copy rights, intellectual property rights, or any dispute arising with other users of the app or any third party due to content or Information posted on Trotjot or use of the Service, you are solely liable to all fees, royalties, damages and any other monies payable. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users or third party.
International users must abide by local laws.
Through the use of Trotjot Service you understand that you may be exposed to content and material that violates the acceptable use policy, and while we prohibit such conduct and content, you understands and agrees that Trotjot does not endorse and cannot be responsible for the Content posted within the Service.
We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, store or remove any or all User Content from the Service.
We reserve the right to modify, suspend or terminate the Service or your access to the Service for any reason, without notice, at any time, at our sole discretion and without any liability to you.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Trotjot or any third party.
Though we may terminate your account or you may delete your Account, you understand that Trotjot may retain information and User Content for a reasonable period of time for backup, archival, legal and/or audit purposes. On termination of your Account, or upon your deletion of the Account or of particular pieces of Content from the Services, Trotjot shall make reasonable efforts to make such Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Content may not be entirely removed.
Trotjot doesn't claim any ownership in the users content, however by using the Trotjot Service the user grants a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, sublicense, modify, delete from, add to, publicly perform, publicly display, reproduce, distribute, telecommunicate to the public, prepare adaptations and derivative works of, incorporate into other works and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Trotjot Services.
We may display advertisements and promotions in conjunction with the users content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice.
If you provide us with any feedback or suggestions, or choose to send us content, information, ideas, suggestions, or other materials, including support inquiries (“Feedback”), you hereby assign to us all rights to use any such content, information, ideas, suggestions, Feedback or other materials. You understand and agree that we will have the right to use any such content, information, ideas, suggestions, Feedback or other materials, in any manner we deem appropriate and for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you. We will treat any such Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
The Trotjot Services and Content are protected by copyright, trademark and other laws and Trotjot owns and retains all rights in the Trotjot Content and the Trotjot Services. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Trotjot trademarks, logos and other brand features.
The Trotjot name and logo are trademarks of Trotjot, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Trotjot, except in accordance with our brand guidelines, available here (link)
Trotjot grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Software, solely for your personal use to access the service.
You must not abuse, harass, threaten, impersonate or intimidate other users or violate their privacy or infringe their rights. You must not advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment.
You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Trotjot.
You may not send unsolicited communications, promotions or advertisements, or spam or promote or advertise products or services other than your own without appropriate authorisation.
The Service may provide functionality that connects the Service to third party applications, websites, features or such, for example the feature on the Service that enables you to share content with third party applications and websites. You use these at your own risk and Trotjot does not control any of these third party services or any of their content. You expressly acknowledge and agree that Trotjot is in no way responsible or liable for any such third-party services or features.
By linking to a non-Trotjot Website and mobile Applications or webpage, Trotjot does not represent or imply that it endorses such Website and mobile Applications or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Trotjot disclaims any responsibility for any harm resulting from your use of non-Trotjot Websites and mobile Applications and webpages.
Any Content posted within the Service will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Trotjot is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Trotjot in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Trotjot, and Trotjot will not be liable for any use or disclosure of any Content you provide.
Our Services also provide you with features like photo thumbnails, previews, sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
You understand that to provide you with the Services, we may store, process and transmit your Content and information in Australia and locations around the world - including those outside your country. Information may also be stored locally on the devices you use to access the Services. You consent to such transfers through the use of the Service.
Although the Site and other Trotjot Services are normally available, there will be occasions when the Site or other Trotjot Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Trotjot. THE SERVICES ARE PROVIDED "AS IS."
Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
Copyright : We respect the intellectual property of others and ask that you do too. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Trotjot to any registration requirement within such jurisdiction or country.
We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Trotjot cannot ensure the security of any information you transmit to Trotjot or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
The Trotjot Services contain Content of Users and other Trotjot licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Trotjot Services
By using our Services, you agree to comply with this Acceptable Use Policy (‘Policy’).
‘Unacceptable Use’ includes but is not limited to the following:
• unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others;
• storage, posting, display, transmission, advertising of or otherwise making available child pornography;
• downloading and/or storing materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so;
• storing material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws;
• storing, sharing or making available adult-oriented, pornography and sex-related merchandising , including sites that may infer sexual content of any kind or providing links to adult content elsewhere; and
• providing storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or is otherwise objectionable.
This Acceptable Use definition and Policy is not designed to be an exhaustive list of permitted and non-permitted uses and practices. You should use your best judgement in all cases and contact us if you are unsure.
APP PHOTO STORAGE DISCLAIMER
Use of this App is at your own risk and [Trotjot Pty Ltd] is not liable for any loss, damage or disclosure of any personal information that may result from its use. The App accesses the minimum permissions required to enable the App to function and these permissions are detailed when a version of the App is installed. Software bugs will be fixed on a best endeavors basis and can be reported via the App stores.
We use a third party service provider to help provide our services including storage of your Content. We cannot guarantee the App service will be available at all times nor that do we warrant that any Content you may store or access through our App service will not be subject to inadvertent damage, corruption or loss. We are at no time responsible for any direct, indirect, special or consequential loss resulting from your use of our App and Services.
SYSTEM AND NETWORK ABUSE
• unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
• interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting;
• distributing or hosting destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information;
• any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic;
• interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user’s terminal session, via any means, locally or by Internet;
• any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner;
• any form of avoidance of system restriction; and
• any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords.
We reserve the right to terminate your Services without notice for any breach of this Policy.
MODIFICATION OR TERMINATION OF APP
We reserve the right at any time and from time to time to modify or discontinue the App, either temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App.
From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions and at such time you may choose to accept or not.
Your use of the App and any of our services is at your sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App services will meet your requirements or be available on an uninterrupted, secure or error-free basis.
By using this App or our services, you agree that we are not liable for any inaccuracy, error or failure of the software. In addition, we are not liable for any loss or damage arising from any download or your use of this App, including any viruses, system failure, consequential, indirect, incidental, special or direct loss or damage to your systems.
In all cases, our liability is limited to the amount paid by you to us in the last six (6) months for any service.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us.
You are solely responsible for obtaining permission before reusing any copyrighted material that is available on our site and App. Any unauthorized use of the materials appearing on our site and App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
We may amend our Terms and Policy at any time, and will always make the Terms and Policy available on the website. You need to ensure you review our Terms and Policy from time to time. It is your responsibility to ensure you are familiar with this Policy and that you contact us if you have doubt or concern about what is and is not acceptable.
You may contact us with any questions about Acceptable Use by sending us an email at firstname.lastname@example.org