PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
We (the folks at Accomplsh) run a travel content aggregation and distribution platform called Wanderling.co and would love for you to use it. Wanderling.co's basic service is free. Our service is designed to give you the information you need to organize your next adventure or, if you've already had some amazing travel experiences, share your stories and tips with the Wanderling community and beyond. We encourage you to express yourself freely. However, be responsible in what you share on our platform. If you find content on the Wanderling.co website that you believe violates these Terms of Service, please contact us at firstname.lastname@example.org.
Your Wanderling.co Account and Website. If you create an account on Wanderling.co, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Accomplsh of any unauthorized uses of your account or any other breaches of security. Accomplsh will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you submit content, post material to Wanderling.co, post links on Wanderling.co, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Wanderling.co, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. By submitting Content to Wanderling.co for inclusion on our website, you grant Accomplsh a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your content. This license allows Accomplsh to make publicly-posted content available to third parties selected by Accomplsh (through the Wanderling Feed, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, Accomplsh will use reasonable efforts to remove it from Wanderling.co, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Accomplsh has the right (though not the obligation) to, in Accomplsh's sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in Accomplsh's reasonable opinion, violates any Accomplsh policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Wanderling.co to any individual or entity for any reason. Accomplsh will have no obligation to provide a refund of any amounts previously paid.
Advertisements. Accomplsh reserves the right to display advertisements on the frame surrounding your content.
You may be required to sign up for an account, and select a password and user name (“Wanderling User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Wanderling User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Accomplsh);
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(e) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(f) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(g) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(h) Copies or stores any significant portion of the Content;
(i) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
For all User Submissions, you hereby grant Accomplsh a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services] (each of the foregoing, a “Public User Submission”), then you grant Accomplsh the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Wanderling.co users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Accomplsh’s business for any purpose, provided that Accomplsh will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Wanderling.co account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available)] to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Accomplsh’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Accomplsh, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Accomplsh has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Accomplsh does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. 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. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Accomplsh disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Wanderling.co links, and that link to Wanderling.co. Accomplsh does not have any control over those non-Wanderling.co websites, and is not responsible for their contents or their use. By linking to a non-Wanderling.co website, Accomplsh does not represent or imply that it endorses such website. 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. Accomplsh disclaims any responsibility for any harm resulting from your use of non-Wanderling.co websites and webpages.
As Accomplsh asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Wanderling.co violates your copyright, you are encouraged to notify Accomplsh in accordance with Accomplsh's Digital Millennium Copyright Act ("DMCA") Policy. Accomplsh will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Accomplsh will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Accomplsh or others. In the case of such termination, Accomplsh will have no obligation to provide a refund of any amounts previously paid to Accomplsh.
This Agreement does not transfer from Accomplsh to you any Accomplsh or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Accomplsh. Accomplsh, Wanderling.co, the Wanderling.co logo, and all other trademarks, service marks, graphics and logos used in connection with Wanderling.co or our Services, are trademarks or registered trademarks of Accomplsh or Accomplsh's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Accomplsh or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Accomplsh may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Wanderling.co account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided "as is." Accomplsh and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Accomplsh nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will Accomplsh, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Accomplsh under this agreement during the twelve (12) month period prior to the cause of action. Accomplsh shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Accomplsh, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Accomplsh’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms are governed by and will be construed under the laws of the State of New Jersey, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Ocean County, New Jersey, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Ocean County, New Jersey. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND ACCOMPLSH ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This Agreement constitutes the entire agreement between Accomplsh and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Accomplsh, or by the posting by Accomplsh of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Accomplsh may assign its rights under this Agreement without condition. You and Accomplsh agree there are no third party beneficiaries intended under these Terms.