Traveldudes of Service
Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the "Services" or “Traveldudes”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (in your profile you can choose what personal information is visible for others). You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Traveldudes and are not a person barred from receiving services under the laws of Germany or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Traveldudes provides are always evolving and the form and nature of the Services that Traveldudes provides may change from time to time without prior notice to you. In addition, Traveldudes may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Traveldudes on the Services are subject to change. In consideration for Traveldudes granting you access to and use of the Services, you agree that Traveldudes and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Traveldudes cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Traveldudes be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license is you authorizing us to make your content available to the rest of the world and to let others do the same.
You agree that this license includes the right for Traveldudes to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Traveldudes for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. These rules exist to enable an open ecosystem with your rights in mind. But what’s yours is yours – you own your Content (and your photos are part of that Content).
Such additional uses by Traveldudes, or other companies, organizations or individuals who partner with Traveldudes, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Traveldudes will not be responsible or liable for any use of your Content by Traveldudes in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License To Use the Services
Traveldudes gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Traveldudes as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Traveldudes, in the manner permitted by these Terms.
7. Traveldudes Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Traveldudes and its licensors. The Services are protected by copyright, trademark, and other laws of Germany and foreign countries. Nothing in the Terms gives you a right to use the Traveldudes name or any of the Traveldudes trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Traveldudes, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of the Services
Except as permitted through the Services, these Terms, you have to use the Traveldudes API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services. We encourage and permit broad re-use of Content. The Traveldudes API exists to enable this.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Traveldudes’s computer systems, or the technical delivery systems of Traveldudes’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Traveldudes (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Traveldudes (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Traveldudes is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright Policy
Traveldudes respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Traveldudes will also terminate a user’s account if the user is determined to be a repeat infringer.
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Traveldudes as follows. You may end your legal agreement with Traveldudes at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Traveldudes when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Traveldudes Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Traveldudes’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
11. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Traveldudes and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Traveldudes Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Traveldudes ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Traveldudes Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Traveldudes Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Traveldudes Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Traveldudes Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Traveldudes ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Traveldudes ENTITIES EXCEED THE GREATER OF FIFTY EURO (€50.00) OR THE AMOUNT YOU PAID Traveldudes, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Traveldudes ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of Traveldudes to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the country of Germany without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Cologne, Germany, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at Traveldudes.org/tos. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Traveldudes, Melvin Böcher, Südstr. 13, 42499 Hückeswagen, Germany. If you have any questions about these Terms, please contact us. Effective: July 01, 2014
Traveldudes instantly connects people everywhere to what’s most meaningful to them. Any registered user can send and share a post to the public by default and can include other content like photos, videos, and links to other websites. What you say on Traveldudes may be viewed all around the world instantly.
Information Collection and Use
We collect and use your information below to provide our Services and to measure and improve them over time.
Information Collected Upon Registration: When you create or reconfigure a Traveldudes account, you provide some personal information, such as your name, username, password, and email address. Some of this information, for example, your username, is listed publicly on our Services, including on your profile page and in search results. Some Services, such as search, public user profiles and viewing lists, do not require registration.
Additional Information: You may provide us with profile information to make public, such as a short biography, your location, your website, or a picture. You may provide information to customize your account, such as a cell phone number. We may use your contact information to send you information about our Services or to market to you. You may use your account settings to unsubscribe from notifications from Traveldudes. You may also unsubscribe by following the instructions contained within the notification or the instructions on our website. We may use your contact information to help others find your Traveldudes account, including through third-party services and client applications. You may choose to upload your address book so that we can help you find Traveldudes users you know. We may later suggest people to follow on Traveldudes based on your imported address book contacts, which you can delete from Traveldudes at any time. If you email us, we may keep your message, email address and contact information to respond to your request. If you connect your Traveldudes account to your account on another service in order to cross-post between Traveldudes and that service, the other service may send us your registration or profile information on that service and other information that you authorize. This information enables cross-posting, helps us improve the Services, and is deleted from Traveldudes within a few weeks of your disconnecting from Traveldudes your account on the other service. Providing the additional information described in this section is entirely optional.
Posts, Following and other Public Information: Our Services are primarily designed to help you share information with the world. Most of the information you provide us is information you are asking us to make public. This includes not only the posts you share and the metadata provided with posts, such as when you submit, but also the lists you create, the people and keywords you follow, the posts you mark as favorites or share, and many other bits of information that result from your use of the Services. Our default is almost always to make the information you provide public for as long as you do not delete it from Traveldudes, but we generally give you settings to make the information more private if you want. Your public information is broadly and instantly disseminated. For instance, your public user profile information and public posts may be searchable by search engines and are immediately delivered our APIs to a wide range of users and services. When you share information or content like photos, videos, and links via the Services, you should think carefully about what you are making public.
Location Information: You may choose to publish your location in your posts and in your Traveldudes profile. You may also tell us your computer or mobile device to send us location information. We may use and store information about your location to provide features of our Services, such as posts with your location, and to improve and customize the Services, for example, with more relevant content like local trends, stories, ads, and suggestions for people to follow.
Links: Traveldudes may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Log Data: Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your Traveldudes account to authenticate to a third-party website or application, or visit a third-party website that includes a Traveldudes button or widget. Traveldudes uses Log Data to provide our Services and to measure, customize, and improve them. If not already done earlier, for example, as provided below for Widget Data, we will either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after 18 months.
Third-Parties: Traveldudes uses a variety of third-party services to help provide our Services, such as hosting our various blogs and wikis, and to help us understand the use of our Services, such as Google Analytics. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address. Third-party ad partners may share information with us, like a browser cookie ID or cryptographic hash of a common account identifier (such as an email address), to help us measure ad quality and tailor ads. For example, this allows us to display ads about things you may have already shown interest in.
Information Sharing and Disclosure
We do not disclose your private personal information except in the limited circumstances described here.
Your Consent: We may share or disclose your information at your direction, such as when you authorize a third-party web client or application to access your Traveldudes account.
Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public posts, the people you follow or that follow you, or the number of users who clicked on a particular link (even if only one did).
Modifying Your Personal Information
If you are a registered user of our Services, we provide you with tools and account settings to access or modify the personal information you provided to us and associated with your account.
You can also permanently delete your Traveldudes account. In that case your account will be deactivated and then deleted. When your account is deactivated, it is not viewable on Traveldudes.org.
Our Policy Towards Children
Our Services are not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at firstname.lastname@example.org. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.
EU Safe Harbor Framework
Traveldudes complies with the U.S.-E.U. and U.S.-Swiss Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, please visit the the Wikipedia website about Data Protection Directive.
Changes to this Policy
Our goal is to provide a service that allows you to discover and receive content from sources that interest you as well as to share your content with others. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor and will not censor user content, except in limited circumstances described below.
Content Boundaries and Use of Traveldudes
In order to provide the Traveldudes service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with Traveldudes. These limitations comply with legal requirements and make Traveldudes a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.
- Impersonation: You may not impersonate others through the Traveldudes service in a manner that does or is intended to mislead, confuse, or deceive others.
- Trademark: We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others may be permanently suspended.
- Private Information: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
- Violence and Threats: You may not publish or post direct, specific threats of violence against others.
- Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.
- Unlawful Use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
- Misuse of Traveldudes Badges: You may not use badges, such as but not limited to the Promoted or Verified Traveldudes badge, unless provided by Traveldudes. Accounts using these badges as part of profile photos, header photos, background images, or in a way that falsely implies affiliation with Traveldudes may be suspended.
Abuse and Spam
Traveldudes strives to protect its users from abuse and spam. User abuse and technical abuse are not tolerated on Traveldudes.org, and may result in permanent suspension. Any accounts engaging in the activities specified below may be subject to permanent suspension.
- Serial Accounts: You may not create multiple accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the Traveldudes Rules is cause for permanent suspension of all accounts.
- Targeted Abuse: You may not engage in targeted abuse or harassment. Some of the factors that we take into account when determining what conduct is considered to be targeted abuse or harassment are:
- if you are sending messages to a user from multiple accounts;
- if the sole purpose of your account is to send abusive messages to others;
- if the reported behavior is one-sided or includes threats
- Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than six months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:
- the number of accounts created
- creating accounts for the purpose of preventing others from using those account names
- creating accounts for the purpose of selling those accounts
- using feeds of third-party content to update and maintain accounts under the names of those third parties
- Invitation spam: You may not use Traveldudes.org's address book contact import to send repeat, mass invitations.
- Selling usernames: You may not buy or sell Traveldudes usernames.
- Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
- Spam: You may not use the Traveldudes service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
- If you have followed and/or unfollowed large amounts of users in a short time period, particularly by automated means (aggressive following or follower churn);
- If you repeatedly follow and unfollow people, whether to build followers or to garner more attention for your profile;
- If your updates consist mainly of links, and not personal updates;
- If a large number of people are blocking you;
- If a large number of spam complaints have been filed against you;
- If you post duplicate content over multiple accounts or multiple duplicate updates on one account;
- If you post multiple unrelated updates to a topic using # or keywords, trending or popular topic, or promoted trend;
- attempt to bring attention to a service or link;
- If you add a large number of unrelated users to lists in an attempt to bring attention to an account, service or link;
- If you repeatedly create false or misleading content in an attempt to bring attention to an account, service or link;
- Randomly or aggressively favoriting posts through automation or manually in an attempt to bring attention to an account, service or link;
- Randomly or aggressively sharing accounts through automation or manually in an attempt to bring attention to an account, service or link;
- If you repeatedly post other users' account information as your own (bio, posts, url, etc.);
- If you post misleading links (e.g. affiliate links, links to malware/click jacking pages, etc.);
- If you add links to your posts for SEO purposes;
- If you use posts for self-advertising and/or promotion of your brand and/or services;
- Creating multiple misleading accounts in order to gain followers;
- Selling followers;
- Purchasing followers;
- Using or promoting third-party sites that claim to get you more followers (such as follower trains, sites promising "more followers fast," or any other site that offers to automatically add followers to your account);
- Pornography: You may not use obscene or pornographic images in either your profile photo, header photo, or user background.
Your account may be suspended for Terms of Service violations if any of the above is true. Accounts created to replace suspended accounts will be permanently suspended.
Accounts engaging in any of these behaviors may be investigated for abuse. Accounts under investigation may be removed from Search for quality. Traveldudes reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.
We may revise these Rules from time to time; the most current version will always be find here.
According to § 28 BDSG it is not allowed to use or forward my personal data for commercial use. Provider of this service and website is:
Tel: +49 (0)2192-8780110