Welcome, Wanderers! We hope you will enjoy WanderMark.com and our other services. By using them, you agree to the following legal terms.
Last updated: November 1, 2009
Our services such as WanderMark.com and downloadable applications (collectively, the "Services") are operated by Wander Mobile LLC ("WML"). We provide the Services subject to your compliance with these terms and conditions set forth in this agreement (the "Terms"). These Terms also include our Privacy Policy at http://WanderMark.com/privacy.html. The Terms govern the relationship between WML and you, the visitor and/or member ("you"), with respect to your use of the Services. If you do not accept the Terms, you may not use the Services.
You acknowledge that your use of the Services constitutes your agreement to be bound by the Terms, and you understand and agree that WML will treat your use of the Services as acceptance of the Terms.
You may not use the Services if you are not 13 years old and of legal age to form a binding contract with us. Your use of the Services is not permitted if prohibited by law.
We may disable your access to the Services for any reason, including, for example, violation of these Terms. WML reserves the right to refuse service to anyone at any time without notice for any reason.
We may make changes to these Terms from time to time.You understand and agree that if you use the Services after the date on which the updated Terms were made available, we will treat your use as acceptance of the updated Terms.
We may change the Services or stop providing the Services at any time in our sole discretion without prior notice. WML disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services.
We currently have not set any general bandwidth or storage limits, but we may, in our discretion, set such limits in the future.
We currently do not charge you for basic Services we provide, but we may, in our discretion, charge fees for use of certain Services in the future.We will notify you before we do so.
Third parties, such as mobile phone carriers and Internet service providers, will charge you fees for data transmissions (such as mobile messaging, Internet access and roaming). You are solely responsible for such fees and we are not liable for any third party charges you may incur.
Some Services may be supported by advertising revenue and may display advertisements and promotions, the content of which may be based on information you store or transmit via the Services.
Some of the Services may require registration or membership. You agree that you will keep your contact information accurate and up-to-date, you will not provide any false personal information, and you will not create an account for someone else without permission.
You are solely responsible for the use of the Services through your username and password and you will keep your username and password secure.
You agree that you will not engage in any activity that could (a) restrict or inhibit any visitor or member from using the Services or (b) disrupt the Services or any servers of or networks related to the Services.
You agree not to attempt to access the Services through any means other than the interface(s) we provide.
You agree not to duplicate, copy, sell, trade, resell or exploit the Services for any commercial purpose without our permission. You agree that you will not reverse engineer, decompile or disassemble any portion of the Services.
No spam or malicious code. You may not use the Services to transmit "spam" messages or other unsolicitied commercial communications, and you may not transmit viruses, trojan horses or other malware.
No impersonations or misrepresentations. You may not imply that any statements you make are endorsed by us and you may not impersonate others in any manner intended to mislead or confuse others.
No unlawful conduct. You may not use the Services for any dangerous or unlawful purpose. We may report any such suspected activity to the appropriate authorities.
No threats or hateful content. You may not publish direct threats of violence against any person or group of people. You may not publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity.
No obscene or harmful content. Content that displays nudity, sexually graphic material, or material that may be deemed explicit should be made private (visible only to you or a limited group. You may not use the Services to display, promote, store or distribute child pornography, material that is harmful to minors, promotes pedophilia, incest or beastiality, or any other material deemed obscene under applicable law.
No private or confidential information. You may not publish people's private and confidential information.
You understand that all material which you may access through the Services, including text, data, software, photographs and other images, video, audio and other material (collectively, the "Content"), is the sole responsibility of the party from which such content originated. You acknowledge that we are not responsible for the Content and you may nonetheless may be exposed to materials that are inaccurate, deceptive, harmful, mislabled, otherwise inappropriate, or in violation of the above Community Rules.Any reliance on Content available through our Services will be at your own risk.
If violations of the Terms come to our attention, we may remove the offending content, terminate your account, and/or take other appropriate actions.We reserve the right to remove or refuse to distribute any Content, including, without limitation, content that violates the Terms. We reserve the right to access, read, preserve, and disclose any information we reasonably believe is necessary to comply with law, enforce these Terms, or otherwise ensure the viability and integrity of the Services. We are not responsible or liable for the exercise or non-exercise of these rights.
WE CLAIM NO OWNERSHIP OR CONTROL OVER ANY CONTENT SUBMITTED, POSTED, OR DISPLAYED BY YOU ON OR THROUGH THE SERVICES. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Services. By submitting, posting or displaying any Content on or through our Services, you grant us a worldwide, non-exclusive, royalty-free license (with right to sublicense) to use, copy, reproduce, publish, distribute, publicly perform, publicly display, digitally perform, reformat, translate, and excerpt (in whole or in part) such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Services or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such Content.
You may remove your Content at any time. If you choose to remove your Content, the license granted above will automatically expire and your Content will no longer be displayed or stored by us; provided, however, that we may retain archived copies of your Content for a limited time.These Terms will otherwise remain in force with respect to your prior use of the Services.
You may not post, transmit, or share Content on or through the Services that you did not create or that you do not have permission to post.By submitting Content through the Services, you represent and warrant that you own the rights to such Content or have permission and authority to do so.
It is our policy to respond to clear notices alleging copyright infringement. See our Copyright Policy, below.
Nothing in the Terms gives you a right to use any of WML's proprietary rights, including without limitation WML's trade names, trademarks, service marks, logos, domain names, or other brand features of the Services.
You acknowledge that, as between you and WML, WML owns all right, title and interest in and to the Services, including all intellectual property rights (the "WML Rights"), except as set forth above with respect to the Content.Subject to the Terms, WML grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use any software or interface provided by WML to you as part of the Services. You agree that your use of any such interface or software is subject to these Terms and that you will keep intact any rights notices included in or provided through such software or interface.
Software provided by us may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and develop the Services and may include different or new features, bug fixes, or other changes. You agree to receive such updates and to permit us to deliver them to you as part of your use of the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.IN PARTICULAR, WML DOES NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WML OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
WML FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WML SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER OR NOT WML HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT WML'S WARRANTY OR LIABILITY FOR LOSSES TO THE EXTENT THAT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. FOR EXAMPLE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You acknowledge and agree that we are not responsible for the availability or content of external sites or resources, and do not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability or content of those external sites or resources.
We encourage you to display Content from our Services on other sites.However, pages that do so must provide a link back to WanderMark.com or the applicable Service.
You agree to hold harmless and indemnify WML and its subsidiaries and affiliates (if any), officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney's fees, of every kind and nature.
The Terms constitute the whole legal agreement between you and WML and govern your use of the Services (but excluding any services which WML may provide to you under a separate agreement that explicitly excludes these Terms), and completely replace any prior agreements between you and WML in relation to the Services.
You agree that WML has the right but not the obligation to provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if WML does not exercise or enforce the Terms, this will not be a waiver and that all applicable rights or remedies will still be available to WML.
If any provision of these Terms is deemed invalid by a court of appropriate jurisdiction, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with WML under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and WML agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Cruz, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that WML shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
It is our policy to respect the intellectual property rights of others.If you believe that your copyrighted work is accessible through any of our Services in violation of your copyright, please provide us with the following:(a) Identify the item you claim has been infringed upon. (b) Identify the URL or other specific location on our Service that contains the material that you claim infringes right. (c) A statement that you have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. (d) A statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner. (e)Sign the notification.(f) Include your name, mailing address, telephone number and email address.
Submit your notification to copyright@wandermobile.com. We may contact the user(s) responsible for the allegedly infringing content to notify such user(s) of the removal.