Last updated October 26, 2023
AGREEMENT TO TERMS
The content provided on the Site is not intended for distribution to or use by any individual or organization in any jurisdiction or country where such distribution or use would violate the law or regulations, or would subject us to any registration requirements within that jurisdiction or country. Consequently, individuals accessing the Site from other locations do so of their own accord and are solely responsible for complying with local laws, to the extent that local laws are applicable.
The Site is designed for users who are at least 18 years of age. Individuals under the age of 18 are not allowed to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
If you are eligible to use the Site, you are granted a limited license to access and utilize the Site, and to download or print a portion of the Content to which you have obtained proper access, solely for your personal, non-commercial purposes. All rights not expressly granted in relation to the Site, Content, and Marks are reserved by us.
If you provide information that is false, inaccurate, not up-to-date, or incomplete, we retain the right to suspend or terminate your account and reject any present or future access to the Site (or any part thereof).
Your access and use of the Site must be in line with the intended purpose for which we provide it. The Site may not be utilized for any commercial activities unless they are explicitly endorsed or approved by us.
As a user of the Site, you commit not to engage in the following:
USER GENERATED CONTRIBUTIONS
The Site may invite you to participate in discussions, contribute to blogs, engage in message boards, join online forums, and utilize other interactive features, offering you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or share content and materials with us or on the Site. This content may encompass text, writings, video, audio, images, photographs, graphics, comments, suggestions, personal information, or other materials, collectively referred to as “Contributions.” Please be aware that Contributions may be visible to other Site users and accessible via third-party websites. Consequently, any Contributions you submit should not be considered confidential or proprietary. When you create or make Contributions available, you hereby assert and guarantee that:
- The creation, distribution, transmission, public display, performance, and the access, downloading, or copying of your Contributions will not infringe upon the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
- Your Contributions are truthful, accurate, and not misleading.
- Your Contributions are not unsolicited or unauthorized advertisements, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are free from obscenity, lewdness, lasciviousness, vulgarity, violence, harassment, libel, slander, or any other objectionable content, as determined by us.
- Your Contributions do not engage in ridicule, mockery, disparagement, intimidation, or abuse of any individual.
- Your Contributions do not advocate for the violent overthrow of any government, nor do they incite, encourage, or threaten physical harm against another.
- Your Contributions do not breach any applicable law, regulation, or rule.
- Your Contributions do not infringe upon the privacy or publicity rights of any third party.
- Your Contributions do not include content that seeks personal information from individuals under the age of 18, nor exploit minors in a sexual or violent manner.
- Your Contributions do not violate any laws concerning child pornography or the protection of minors’ health and well-being.
- Your Contributions do not contain offensive remarks connected to race, national origin, gender, sexual preference, or physical disability.
By sharing your Contributions on any part of the Site, you automatically grant, and you affirm and warrant that you have the legal right to grant us an unrestricted, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully paid, worldwide license to host, use, replicate, disclose, sell, republish, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (either in whole or in part), and distribute your Contributions, which may include your image and voice, for any purpose, whether commercial, promotional, or otherwise. This license also includes the ability to create derivative works from your Contributions or incorporate them into other works, as well as granting and authorizing sublicenses of the same. Such use and distribution may take place in various media formats and through multiple media channels.
This license covers any existing or future forms, media, or technologies and may involve the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, personal and commercial images, and more. You waive any moral rights related to your Contributions and confirm that such rights have not been asserted in your Contributions.
It is important to note that we do not claim ownership of your Contributions. You maintain full ownership of your Contributions and any associated intellectual property or proprietary rights. You are solely responsible for the statements or representations made in your Contributions on the Site, and you expressly agree to hold us harmless from any and all responsibility and to refrain from taking legal action against us concerning your Contributions.
We retain the exclusive right, at our sole discretion, to: (1) edit, redact, or otherwise modify any Contributions; (2) re-categorize Contributions for better placement on the Site; and (3) pre-screen or remove Contributions at any time and for any reason, without prior notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
On the Site, we may provide areas for you to leave reviews or ratings. When posting a review, you must adhere to the following criteria: (1) you should have firsthand experience with the subject of your review; (2) your reviews must not contain offensive language, profanity, or abusive, racist, offensive, or hate speech; (3) your reviews must not include discriminatory references related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not reference illegal activities; (5) you must not be affiliated with competitors when posting negative reviews; (6) you should not make legal conclusions; (7) you may not post false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We reserve the right to accept, reject, or remove reviews at our sole discretion. We are under no obligation to screen or delete reviews, even if others find them objectionable or inaccurate. Reviews do not represent our endorsement, and they do not necessarily reflect our opinions or the views of our affiliates or partners. We disclaim liability for any reviews or for any claims, liabilities, or losses resulting from reviews. By posting a review, you grant us an ongoing, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to reviews.
You acknowledge and consent that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) that you provide to us are not considered confidential and will become our exclusive property. We will possess full rights, including all intellectual property rights, and have the liberty to utilize and share these Submissions for any lawful purpose, whether commercial or otherwise, without the need for acknowledgment or compensation to you. By making these Submissions, you hereby waive any moral rights associated with them and guarantee that they are either original or that you have the proper authorization to submit them. You accept that no legal action can be taken against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
TERM AND TERMINATION
Should we terminate or suspend your account for any reason, you are prohibited from creating a new account under your name, a fictitious or borrowed name, or the name of any third party, even if you may be acting on behalf of that third party. In addition to terminating or suspending your account, we also maintain the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal, and injunctive remedies.
MODIFICATIONS AND INTERRUPTIONS
We retain the right to alter, amend, or delete the content of the Site at any time and for any reason, solely at our discretion and without prior notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue the entire Site or specific portions of it without notice at any time. We will not be held liable to you or any third party for any alterations, price adjustments, suspensions, or discontinuations of the Site.
These Terms are subject to and governed by the laws of California. Wayfinders Media and you both irrevocably consent to the exclusive jurisdiction of the courts of California to resolve any disputes that may arise in connection with these terms.
You consent to the exclusive jurisdiction of the California courts for the resolution of all disputes related to these Terms or the relationship established by this Agreement. Wayfinders Media also retains the right to initiate proceedings regarding the substance of the matter in the courts of the country where you reside or, if these Terms are entered into as part of your trade or profession, in the state where your principal place of business is located.
Information on the Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We maintain the right to rectify any errors, inaccuracies, or omissions and to modify or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE.
3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN.
4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.
5. BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ITEMS TRANSMITTED TO OR THROUGH THE SITE BY THIRD PARTIES.
6. ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
1. Your Contributions.
2. Your use of the Site.
5. Your violation of the rights of a third party, including intellectual property rights.
6. Any harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the above, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification when we become aware of it.
We will retain specific data that you transmit to the Site for the purpose of managing the Site’s performance, as well as data related to your use of the Site. While we regularly perform routine data backups, you are solely responsible for all data you transmit or that is associated with any activity you undertake using the Site. You agree that we shall not be held liable for any loss or corruption of such data, and you hereby waive any right to take legal action against us arising from any such loss or corruption of data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. By using the Site, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email or on the Site, fulfill any legal requirement for such communication to be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby relinquish any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature, delivery, or retention of non-electronic records, or require payments or the granting of credits by means other than electronic methods.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us remains unsatisfactorily resolved, you have the option to contact the Complaint Assistance Unit of the Division of Consumer Services within the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
To address a complaint regarding the Site or to obtain further information about using the Site, please reach out to us at:
rowan @ wayfindersmedia.com