TERMS AND CONDITIONS


MANISH ENTERPRISES, INC. DBA (“Travomi”) provides the content and services available through our Mobile application (“Mobile Site”)subject to the terms and conditions of use set forth below, the Privacy Policy, andany other terms and conditions that may exist otherwise in the app or in related agreements (the “Terms”). Mobile App is referred to as the “app.”


Acceptance of Terms

By accessing or using the app, you are agreeing to these Terms and Conditions andconcluding a legally binding contract Travomi. Do not access or use the Site if youare unwilling or unable to be bound by the Terms.


Right to Modify Terms

Travomi reserves the right, at its sole discretion, to change, modify, add or removeany portion of this Agreement, in whole or in part, at any time. Notification ofchanges in the Agreement will be posted in the app. Your continued use of andaccess to the app constitutes your acceptance of any amendments or modifications tothe Terms.


Accuracy of Advice

Travomi does not represent or endorse the accuracy or reliability of any advice,opinion, statement, or other information displayed or distributed through the app.You acknowledge that any reliance upon any such opinion, advice, statement,memorandum, or information shall be at your sole risk.


Using the Site

To access or use the app, you must be 18 years or older and have the requisitepower and authority to enter into these Terms. You may not access or use the app if you are a competitor of ours or if we have previously banned you from the app orclosed your account.


We grant you permission to use the app subject to the restrictions in these Terms. Your use of the app is at your own risk, including the risk that you might beexposed to Content that is offensive, indecent, inaccurate, objectionable, orotherwise inappropriate.


You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.


Business Account Creation

In order to claim your business’ listing on the Travomi and use the associatingaccount features, you must create an account on the app. In creating such anaccount, you represent that all information provided is accurate and that you arethe owner or authorized agent of the business. You are entirely responsible formaintaining the security of, updates submitted by, and all of the app activitiesthat occur in connection with, your account. Impersonation of businesses or businessowners through the submission of false account information is prohibited and maysubject such users to civil liability for any economic damages incurred by Travomi or other third parties.


We reserve the right to suspend access to or close your account at any time for anyor no reason. You agree to notify us immediately of any unauthorized use of youraccount by sending an email to admin@travomi.com.


Changes to Site

Travomi may change, suspend or discontinue any aspect of the app at any time,including the availability of any app feature, database, or content. Travomi may alsoimpose limits on certain features and services or restrict your access to parts orthe entire app without notice or liability.


Limited Use License

Travomi grants you a limited, revocable, and non-exclusive license to access and makepersonal, non-commercial use of the Site. This limited license does not include theright to:

  • frame or enclose the app or any portion thereof;
  • republish, distribute, or license the app or any content thereon; and/or
  • create any derivative works based upon either the app or any content thereon.

  • This limited license may be terminated immediately upon any unauthorized use by youof the app or any and/or all of Travomi’s content.


    Content and Communications

    By posting messages, uploading files, inputting data or engaging in any other formof publicly-viewable communication (individually or collectively “Your Content”) tothe app, you hereby grant to Travomi a perpetual, worldwide, irrevocable,unrestricted, non- exclusive, royalty free license to use, copy, license,sublicense, adapt, distribute, display, publicly perform, reproduce, transmit,modify, edit and otherwise exploit Your Content, in all media now known or hereafterdeveloped. You hereby waive all rights to any claim against Travomi for any alleged oractual infringements of any proprietary rights, rights of privacy and publicity,moral rights, and rights of attribution in connection with Your Content. 
You aloneare responsible for Your Content, and once published, it cannot always be withdrawn.You assume all risks associated with Your Content, including anyone's reliance onits quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content asdescribed herein. You may not imply that Your Content is in any way sponsored orendorsed by Travomi.


    Mobile Site

    Download of the Mobile Site for mobile platforms and devices (“Devices”) is forpersonal use only. You may not use the Mobile Site on any Device that you do not own.You agree that by downloading the Mobile Site you are granted a license to use, butdo not otherwise acquire any ownership rights in, the downloaded code or third partycontent. You will not modify, publish, transmit, participate in the transfer orsale, create derivative works, or in any way exploit any of the content, in whole orin part, found on the Mobile Site, other than Your Content. You will not make anychanges to any content that you are permitted to download under this Agreement, andin particular you will not delete or alter any proprietary rights or attributionnotices in any content, other than Your Content.


    We may automatically check the version of the Mobile Site installed on your Deviceand, if applicable, provide updates that may include but are not limited to, bugfixes, patches, enhanced functionality, plug-ins and new versions of the Mobile Site(“Updates”). By installing the Mobile Site, you authorize the automatic download andinstallation of Updates and agree to manually download and install Updates asrequired. We reserve the right to temporarily disable or permanently discontinue anyand all functionality of the Mobile Site at any time without notice or liability.


    Intellectual Property Rights

    The app is protected by copyright as a collective work and/or compilation, pursuantto U.S. copyright laws, international conventions, and other copyright laws. You maynot modify, reproduce, distribute, create derivative works or adaptations of,publicly display or in any way exploit any of the app in whole or in part except asexpressly authorized by us. Except as expressly and unambiguously provided herein,we do not grant you any express or implied rights, and all rights in and to the app are retained by us.


    All information and content contained on the app, including but not limited totrademarks, graphics, images, and logos are protected by US and internationalintellectual property laws, and are owned or controlled by Travomi or the partycredited as the provider of the content. You will abide by any and all additionalcopyright notices, information, or restrictions contained in any content on the app. Copying or storing of any content other than for personal noncommercial use isexpressly prohibited without the prior written permission from Travomi or thecopyright holder identified in the individual content’s copyright notice.


    In addition, the software and source code of the Mobile Site(collectively referred to as the “Code”) are protected as a by copyright work, pursuant to U.S. laws and international conventions and treaties. Use, such as but not limited to, reverse engineering, redistribution, copying, storing, or derivation, of any Code is strictly prohibited.


    Sweepstakes; Contests; Promotions

    Travomi may promote, via the app, sweepstakes, contests or other types of promotions that will be governed by special rules in addition to these Terms. Your participation in such promotions constitutes acceptance of all applicable terms.


    Restrictions

    We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion. You agree not to, and will not assist, encourage, or enable others to use the app to:

  • Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or beingcompensated to write or remove a review; or mislead Travomi and the Travomi usercommunity by rating reviews incorrectly and by clicking on the wrong buttons when validating and verifying a business.
  • Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the app’s search results or any third party website;
  • Solicit personal information from minors, or submit or transmit pornography; or
  • Transmit any computer viruses, worms, defects, Trojan horses or other items of a
destructive nature (collectively, “Viruses”);
  • Violate the security of any computer network, crack passwords or security
encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the app or the app’s content; or
  • Violate any applicable law.

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You also agree not to, and will not assist, encourage, or enable others to:

  • Violate the Terms;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the app or the app’s content (other than Your Content), except as expressly authorized by Travomi;
  • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the app or any of the app’s content;
  • Reverse engineer any portion of the Mobile application;
  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the app or on any materials printed or copied from theapp;
  • Record, process, or mine information about other users;
  • Access, retrieve or index any portion of the app for purposes of constructing or 
populating a searchable database of business reviews;
  • Reformat or frame any portion of the app;
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Travomi’s technology infrastructure or otherwise make excessive traffic demands of the app;
  • Attempt to gain unauthorized access to the app, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other 
means;
  • Use any device, software or routine that interferes with the proper working of the app, or otherwise attempt to interfere with the proper working of the app;
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the app, features that prevent or restrict the use or copying of the app’s content, or features that enforce limitations on the use of the app.

The restrictions above only apply to the extent permissible under applicable law. We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to return any of Your Content to you under any circumstances.


Third Party Links

The app may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the app. Links to and from app to other third party sites, maintained by third parties, do not constitute an endorsement by Travomior any of its subsidiaries or affiliates of any third party resources, or their contents. If you decide to access any of the third party sites linked to the app, you do so entirely at your own risk. All such websites are subject to the policies and procedures of the owner of such websites. Because we have no control over such websites or resources or the individuals who make such contributions, you acknowledge and agree that Travomi is not responsible for the availability of such websites or resources or any contributions, neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the content of any contributions and 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 on any such content, goods or services available on or through any such websites or resource.


Digital Millennium Copyright Notice

Pursuant to the Digital Millennium Copyright Act (“DMCA”), if you believe that specific content on the app infringes upon your copyrighted materials, please provide Travomi with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the allegedly infringing material is located on the app, including the URL’s of the particular web pages;
  • Your address, telephone number, and email address;
  • A written statement by you that you have a good faith belief that the use on the app is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are the copyright owner or authorized to act on thecopyright owner’s behalf.

Travomi’s Designated Agent for copyright claims can be contacted as follows:


Manish Enterprises Inc.

TRAVOMI DMCA NOTICE

Admin


1951 Monterey St.

San Luis Obispo, CA 93401


Disclaimer of Warranties

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE YELP ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER SITELICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE APP. BY ACCESSING OR USING THE APP, YOU REPRESENT THAT YOUHAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU AREGIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.


The app, including all content, software, functions, materials and information made available on or accessed through the app, is provided “as is.” To the fullest extent permissible by law, Travomi and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever for the content on the app or the materials, information and functions made accessible by the software used on or accessed through the app, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the app or any linked site. Further, Travomi and its subsidiaries and affiliates disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. Travomi does not warrant that the functions contained in the app or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the app or Travomi’s server(s) that makes it available is free of viruses or other harmful components. Travomi and its subsidiaries and affiliates shall not be liable for the use of the app, including, without limitation, the content and any errors contained therein.


Indemnification

You hereby agree to indemnify, defend and hold Travomi, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Travomi reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Travomi.


Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN THE STATE OF CALIFORNIA, THE County of San Luis Obispo.


Entire Agreement

This Agreement constitutes the entire agreement between Travomi and you with respect to your use of the app. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.