Welcome to Wander App Inc.
Last updated: February 5, 2019
The goal of WanderApp is to create a safe and personal community of influencers and content creators.
Please read these Terms of Service carefully before using the website and mobile application operated by WanderApp.
The following Terms govern the use of Service. As used herein, the Application is defined to include the Service as well as all components thereof and all updates, patches, fixes, modifications and enhancements thereto, including releases of new versions, whether provided to you via download, automatically without additional consent or action on your part or otherwise, and any and all accompanying documentation, files and materials. The Service is owned and operated by WanderApp and is offered subject to your acceptance without modification of all of the Terms contained herein and all other operating rules, policies and procedures that may be published from time to time by WanderApp (collectively, the “the Agreement”).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service platform, you agree to become bound by the terms and conditions of these Terms. If you do not agree to all the terms and conditions in these Terms, then you should not access or use the Service.
Your WanderApp Account
Users are either invited by the WanderApp team or need to apply and be approved by our team to join the Application. Each user of the Service is required to create an account. In creating such an account and agreeing to these Terms, the user agrees that each such user account may only be used by the individual person who created and maintains the account, and any additional users (even if associated with the original individual who created a user account) must create their own account(s) and apply or be inviting to join the Application to access and utilize the Application. Users will need to specify their “Area of Influence” from the list provided by the Application, your personal information and a personal bio for your profile. Users have the option of requesting their collaboration to be filmed or photographed by cinematographers approved by our team. If a User makes such a request then we will connect you directly with a vendor to provide such services that a User shall negotiate and contract directly with.
Your WanderApp user account will be available to you through the Application . We reserve the right to freeze or deny access to any account that we believe in our sole discretion is not maintained in accordance with these Terms. You are responsible for maintaining the security of your login information to your account and agree to not provide this information to any unauthorized users. You agree to immediately notify WanderApp of any unauthorized uses of your account, the WanderApp platform or any other breaches of security. We 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. To the extent that you cancel your account with WanderApp, all content maintained by WanderApp on its servers in conjunction with your account will be deleted by us.
Responsibility of Users/Contributors
If you make (or allow any third party to make) material available by means of the Application (all such material to be hereinafter referenced to as “Content”), you are entirely responsible for the Content of, and any harm resulting from, that Content, regardless of whether the Content in question constitutes text, graphics, pictures, images, data files, photographs, links, designs, media, an audio or video file, or any other like materials which are user generated content information or are to be used in a mobile application.
By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but limited to the copyright, patent, trademark or trade secret rights, of any third party;
- You have fully complied with any third-party licenses relating to the Content used by you to create and organize experiences, and have done all things necessary to successfully pass through the end users any required terms;
- The Content does not contain or install any viruses, malware or any other files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware;
- The Content is not spam, is not machine generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts or mislead recipients as to the source of the material;
- The Content is not unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- Your account is not named in a manner that misleads your readers into thinking that you are another person or company.
WanderApp allows you to connect with other social media Influencers and requesting their collaboration be filmed by a cinematographer. The Service platform connects users through unique experiences by allowing you to create, plan and organize collaborations with other social media Influencers. Users can post, link, store, share, upload, access other users and otherwise make available certain information, text, graphics, pictures, images, data files, photographs, links, designs, an audio or video file, or any other like materials to be used in a mobile application
Content Posted on Other Websites and Apps
WanderApp has not reviewed, and cannot review, all of the material made available through the WanderApp website and apps to which myWanderApp.com link. We do not have any control over those non-WanderApp websites, webpages and apps, and we are not responsible for their contents, privacy policies or practices. By linking to a non-WanderApp website, webpage or app, We do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content that might exist on those websites, webpages and/or apps. WanderApp disclaims any responsibility for any harm resulting from, or in connection with your use of or reliance on any non-WanderApp websites, webpages and apps.
WanderApp owns all right, title and interest in and to the WanderApp platform including, without limitation, all intellectual and proprietary rights appurtenant thereto, nothing in these Terms shall be construed to transfer, convey, impair or otherwise adversely affect WanderApp’s ownership or proprietary rights therein or any other WanderApp information or materials, tangible or intangible, in any form and in any medium.
You may not use the Application to create inappropriate, violent, sexual or illegal experiences. WanderApp reserves the right to prohibit users from soliciting commercial services from other users or from positing inappropriate Content on other User’s cards. Users are also prohibited from screenshotting any Content or any part of the Application, including publicly exposing the experiences which are being planned for, or that have been completed by other users. If WanderApp determines or believes, in our sole discretion, that you have violated or attempted to violate these terms and conditions based on these Terms, your ability to use and access the Application may be temporarily or permanently revoked, with or without notice.
Data Collection and Use
You hereby agree that WanderApp, our affiliates, and our respective successors and assigns, may collect and use certain technical information associated with your use of the Application, including, without limitation, any information provided in connection with any support or technical services for the Application.
Changes to Terms
We may at any time and from time to time modify, discontinue, temporarily or permanently, the Application, or any portion thereof, with or without notice. As part of WanderApp’s platform, you may from time to time receive updates to the WanderApp which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancement and other improvements, or an entirely new version of the Application. You agree that WanderApp may deliver such updates to you as part of the Service, which you shall install them as required. You further agree that WanderApp shall not be liable to you or any third-party for such updates, modification, or discontinuance of the Application.
Disclaimer of Warranties; Limitation of Liability
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL WANDERAPP, OUR , OFFICERS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, BUSINESS AND PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS, AND CONTRACTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, 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 THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
General Representation and Warranty
You represent and warrant that your use of the Service will be in strict accordance with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
You agree to defend WanderApp, our subsidiaries, affiliates and/or respective successors and assigns, officers, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, and contractors (the “WanderApp Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the WanderApp Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms, infringement, misappropriation or any violation of the rights of any other party, violation or non-compliance with any law or regulation, the breach or violation of any term or condition of these Terms, any use, alteration or export of the Application or its contents or otherwise in connection with these Terms. WanderApp reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with us upon our request.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
WanderApp reserves the right to terminate or suspend your access to our Service at any time for any reason, including in the event WanderApp believes or has reason to believe that you have failed to comply with these Terms. If WanderApp terminates your right to use the Application, you must stop all use of the Application.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply. For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the WanderApp product (“claim”), you agree that it will be resolved exclusively in the Los Angeles Superior Court located in Los Angeles County. You also agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org or
7190 W Sunset Blvd #5C
Los Angeles, CA 90046