The following Terms of Service (“TOS”) is a legally binding, non-exclusive agreement (“Agreement”) between you (“Contributor”) and Tripster. Please read the TOS carefully and be sure you understand it fully. The TOS describes and controls your legal relationship with Tripster, the rights you are granting to Tripster in any content or other media together with any associated keywords, metadata and/or titles submitted by you to Tripster (collectively, “Content”), and the uses Tripster may make of the Content.
By submitting Content to Tripster, you agree to all the terms in this Agreement.
Overview
Contributor understands that Tripster provides travel and travel-related services online through its website Tripster.com. To support the services provided and enhance its user experience, Tripster invites Contributors to share their own experiences, provide research, writings, photos, video, and other media, and submit these, collectively as Content, to Tripster in trade for consideration. This Content, if accepted, will be used to optimize the performance and operation of Tripster’s website and services.
Ownership of Content
Contributor grants to Tripster a worldwide, exclusive right to index, analyze, categorize, archive, reproduce, prepare derivative works incorporating, publicly display, advertise and market any Content submitted by you and published by Tripster for any reasonable business purpose.
Additionally, you grant Tripster a worldwide, non-exclusive right to use your name, display name, and Content in connection with Tripster’s marketing and promotional activities.
Contributor agrees any Intellectual Property Rights in published Content will become the sole and exclusive property of Tripster. Contributor agrees not to challenge the validity of Tripster’s ownership in such Intellectual Property Rights and waives any moral rights, rights of paternity, integrity, disclosure, and withdrawal or inalienable rights under applicable law in and to the submitted Content.
Independent Contractor Relationship
Contributor is (a) not an agent of Tripster; (b) not authorized to make any representation, contract, or commitment on behalf of Tripster; (c) not entitled to any of the benefits that Tripster makes available to its employees, such as group insurance; and (d) solely responsible for any expense related to performance under this agreement.
Contributor has the right to be employed by, contract with, or otherwise perform similar services for other individuals or entities. In doing so, Contributor will not make use of, or disclose, directly or indirectly, any confidential or proprietary information of Tripster. Under this Agreement, Contributor is not required to deliver any Content, and may elect to produce or not produce Content at their own free will.
Consideration
Contributor may submit Content for consideration as per the Contributor Guidelines. Contributor understands that Tripster is not required to publish or provide consideration for a submission. However, upon publication of Content, at Tripster’s sole discretion, Tripster will provide the following consideration:
For your first 20 published posts, you will earn a travel credit equivalent to ½ cent (USD) per unique view for the first 90 days of each publication.
For each published post beyond 20, you will earn a travel credit equivalent to 1 cent (USD) per unique view for the first 90 days of each publication.
Additionally, you have the opportunity to earn:
For Contributors with 20 or fewer published posts, collectively:
A travel credit equivalent to $100.00 (USD) if Tripster publishes at least 5 of your posts between the first and last day each calendar month.
For Contributors with greater than 20 published posts, collectively:
A travel credit equivalent to $150.00 (USD) if Tripster publishes at least 5 of your posts between the first and last day of each calendar month.
For Contributors with greater than 50 published posts, collectively:
A travel credit equivalent to $250.00 (USD) if Tripster publishes at least 5 of your posts between the first and last day of each calendar month.
Travel credits are deposited into a consumer account on Tripster.com and may be used for any activities, live theater, and places to stay made available and otherwise purchasable on Tripster.com. The travel credit has no cash value and may not be redeemed for cash. The travel credit must be associated with an account owned by the Contributor and while the credits themselves are not transferable, the Contributor may elect to use credits to secure travel purchases for other persons.
Travel credits are valid for 2 years from issuance and whether used or unused, rights granted to Tripster in this agreement are not waived.
Confidentiality
Contributor agrees that during the term of this agreement, which is from the date of registration through 1 year after last submission, and except as authorized in writing by Tripster, Contributor (a) will not use or permit the use of any Confidential Information in any manner or for any purpose not expressly set forth in these Terms; and, (b) will not disclose or publish any Confidential Information to any third party without first obtaining Tripster’s express written consent on a case-by-case basis.
“Confidential Information” means all information related to this agreement if otherwise not publicly available, including without limitation (i) trade secrets, inventions, ideas, processes, computer source and object code, formulas, data programs, other works of authorship, know-how, improvements, discoveries, developments, designs, and techniques; (ii) information regarding products or plans for research and development, marketing and business plans, budgets, financial statements, contracts, prices, suppliers, and customers; and, (iii) information designated by Tripster, either in writing or orally, as Confidential Information.
Representations and Warranties
Contributor hereby represents and warrants that (a) the Content submitted will be an original work of Contributor; (b) neither the Content nor any element thereof will infringe or misappropriate the Intellectual Property Rights of any third party; (c) Contributor will not grant, directly or indirectly, any rights or interest whatsoever in the Content to third parties; (d) Contributor has full right and power to submit Content without the consent of any third party; (e) Contributor has complied with all laws and regulations applicable to the actions of this Agreement; (f) Contributor is solely responsible for the acquisition and payment of any and all third-party clearances, permissions, fees, and licenses related to Content including any copyrighted or trademarked materials and the use of any names, likenesses or biographical materials; and, (g) Contributor shall ensure Content contains factually correct statements.
Disclaimer of Warranties
Other than the Warranties expressly stated herein, Tripster disclaims all other warranties, expressed or implied, including implied warranties of merchantability, accuracy, fitness for particular purpose, arising by statute or otherwise in law or from a course of dealing or usage or trade.
Exclusions and Limitations Liability
In no event shall Tripster be liable to Contributor for any special, indirect, consequential, incidental or punitive damages pursuant to this Agreement, including but not limited to, loss of profits, loss of business opportunities, or loss of goodwill, even if advised of the possibility of such damages. Notwithstanding any other provision of this Agreement, in no event will Tripster be liable to Contributor for any action or claim related to the services provided, whether based on contract, tort, negligence or any other theory of liability.
Arbitration Agreement
Contributor and Tripster agree and acknowledge that they will utilize final and binding arbitration to resolve all disputes that may arise out of or relate to this Agreement and Contributor’s relationship with Tripster, including retroactively requiring the use of arbitration for any dispute that may have arisen from the time that Contributor began providing Content to Tripster. Both Tripster and Contributor agree that any claim, dispute, and/or controversy that either Contributor may have against Tripster (or its owners, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) or Tripster may have against Contributor, arising from, related to, or having any relationship or connection whatsoever with Contributor’s contractual relationship with Tripster, including the classification of Contributor as an independent contractor shall be submitted to and determined exclusively by binding arbitration. This Arbitration Agreement is governed by the Federal Arbitration Act, and Writer acknowledges that this Agreement evidences a transaction in commerce. Included within the scope of this Arbitration Agreement are all disputes, whether based on tort, contract, statute (including, but not limited to, any claims of discrimination and harassment, whether they be based on the Nevada Fair Employment Practices Act, Title VII of the Civil Rights Act of 1964, as amended, or any other state or federal law or regulation), equitable law, or otherwise (excluding workers compensation, state disability insurance and unemployment insurance claims). Claims may be brought before an administrative agency but only to the extent applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission, the U.S. Department of Labor, and the National Labor Relations Board. Nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. Disputes that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the coverage of this Agreement.
The location of any arbitration proceeding shall be within the contiguous United States of America, under the laws of the United States. The parties shall bear their respective costs for legal representation at any such arbitration, except to the extent attorney’s fees are explicitly provided by law. Further, the parties shall split, evenly, any costs associated with arbitration.