WE TRAVEL EARTH TERMS OF SERVICE
Last Updated: August 2017
The mission of We Travel Earth is to connect users and sellers of business services who are have a passion for travel (together, the “Service”). We are the face of travel. We are Travel. As you live it, as you dream it, as you feel it. We are a community of real people who are elevating the way we collectively experience our beautiful Earth, on our terms, our rules, our ways. As a Community, we share our experiences, thoughts, ideas, secrets, memories, and our dreams. WE ARE “The Travel Evolution…” To achieve our mission, We Travel Earth’s website assists members in connecting and sharing their travel passions, including actively providing engaging prospective service providers to aid in fulfilling travel dreams. We also assist service providers in marketing their companies and services to our member community. The terms “we”, “us”, “our” refer to We Travel Earth, a Wyoming Limited Liability Company, 30 North Gould Street, Suite 10445, Sheridan, WY 82801. The term “you”, “users”, “members”, “travel ambassadors” “buyers”, Subject Matter Experts, (SMEs), or “service provides” refers to individuals and companies who visit the We Travel Earth website, (“Website”), and/or contribute content to We Travel Earth via the Website, email, telephone, or otherwise.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the Terms. In that case, the terms “you” or “your” shall also refer to such entity, and its affiliates, as applicable. If you do not have such authority, or you do not accept all of these Terms, do not use the Services or provide information to We Travel Earth.
Be sure to return to this page periodically to review the most current version of the Terms. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access to or use of the Services signifies your acceptance of the updated or modified Terms.
We retain the right at our sole discretion to deny access to anyone to the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
You must be 18 years of age or older in order to use the Services, including to register for an account, use the Website, post, submit reviews, blogs or other User Content (defined below).
As part of your use of the Services, you may have the opportunity to create a We Travel Earth account. You are responsible for your account and agree to provide, upon registration, and at all times maintain, accurate, current, and complete information. We Travel Earth reserves the right, in its sole discretion, to refuse to keep accounts for, or provide Services to, any individual, at any time. We Travel Earth reserves the right to suspend or terminate your account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for ensuring the confidentiality and security of your account information, including your username and password. You will immediately notify We Travel Earth of any unauthorized use of your account. We Travel Earth cannot and will not be liable for any loss or damage arising from your failure to properly comply with this section.
Your Use of the Services. As a condition of your use of the Services, you agree to do the following:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary; and
- Review and comply with notices sent by We Travel Earth concerning the Services.
Your Responsibility For the Content You Submit
The Services may enable you to provide, submit, post, upload, or otherwise make available via the Website, email, telephone, online survey, or otherwise, (collectively, “submit”), content of any nature such as community posts, wall or page posts, reviews, comments, messages, and any other content, (collectively, “User Content”), that may or may not be viewable by other users.
You acknowledge and agree that you are solely responsible for all User Content you generate or submit. Once User Content is submitted, it cannot be withdrawn. Any User Content you submit must be accurate and up to date. You agree that you have all required rights to submit, use, or disseminate such User Content without violating any third party rights.
You assume all risk for any User Content you submit, including anyone’s reliance upon such User Content. You may expose yourself to liability if you submit user content that is false, misleading, defamatory, violates any third-party right or contractual restriction or contains unlawful material. You agree that you will indemnify, defend, and hold harmless We Travel Earth for all claims resulting from User Content that you submit, including but not limited to claims alleging defamation. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
You further acknowledge and agree that we reserve the right, in our sole discretion, to reject, move, edit, or remove any User Content that is contributed to the Services for any reason or no reason, but we do not assume the obligation. For example, we may remove a post if we, in our sole discretion, as an example believe it is objectionable in nature or that the content violates a third parties right. We Travel Earth has no obligation to retain or provide you copies of the User Content.
Your Risk in Using User Content
You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Content and that you must evaluate and bear all risks associated with your use of or reliance on User Content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise and any ranking on the Services does not constitute or imply endorsement or recommendation thereof by We Travel Earth. User Content and rankings consist of opinions of third parties and may contain inaccuracies. We Travel Earth makes no assurances regarding the quality, accuracy, or reliability of any User Content, reviews or rankings on the Services offered. You also understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable.
From time to time, We Travel Earth may provide incentives to encourage users to submit content, such as posts, blogs, reviews, rankings, photos, videos, and the like. Any such incentives are not dependent on whether the content is positive or negative.
We Travel Earth is under no obligation to enforce the Terms on your behalf. You may notify We Travel Earth if you believe another user has violated the Terms; however, We Travel Earth reserves the right, in its sole discretion to investigate violations of and enforce the Terms.
We Travel Earth’s License to User Content
When you submit User Content on or through your use of the Services, you grant us a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, transferrable and sub-licensable license, subject to these Terms, to use the User Content for any purpose, including to use, publish, reformat, copy, distribute, reproduce, modify, edit, adapt, publicly perform, translate, and create derivative works from such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for providing, promoting and redistributing part or all of the Services, (and derivative works thereof), in any media formats and through any media channels, without any further consent, notice and/or compensation of any kind, to you or to any third parties.
We Travel Earth and its licensees may publicly display advertisements and other information adjacent to or included with User Content. You are not entitled to any compensation of any kind, for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Any and all of your feedback about the Services, such as suggestions for corrections, updates, alterations, changes, or modifications to the Services will be the property of We Travel Earth and you hereby assign any rights in such feedback to We Travel Earth, without payment, or any other form of compensation to you.
In using the Services, you agree you will not, nor will you assist or encourage others to:
- You agree not to provide false information, of any kind, for example, submitting any inaccurate, fake, false, or defamatory information in your user profile/ company profile, posts, blogs, reviews, comments, or any User Content;
- Provide compensation or receive compensation in exchange for writing or requesting the removal of content, except for incentivized reviews that comply with our We Travel Earth Policies. This includes blackmailing, or threatening to leave negative posts unless certain demands are met;
- Submit, email, transmit, or otherwise make available or initiate any content that:
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships, (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights, privacy rights, rights of publicity, or any other intellectual or proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Contains software viruses, worms, or any other computer code, files or programs that could interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of We Travel Earth or any user or provider of We Travel Earth;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on We Travel Earth, (excluding User Content submitted by you), except as permitted in these Terms, or as expressly authorized, in writing, by We Travel Earth;
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on the Services;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any underlying intellectual property used to provide the Services, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from We Travel Earth to provide any service that is competitive, in We Travel Earth’s sole discretion, with We Travel Earth or to create a searchable database of any form of content available on We Travel Earth;
- Collect, use, copy, download, or transfer any information, including, but not limited to, personal information obtained from We Travel Earth except as expressly permitted in these Terms or as the owner of such information may expressly permit;
- Record, process or mine information about other users;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” “spider,” or index any web pages or any other portion of the Services;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of We Travel Earth’s Services or content except as expressly permitted by We Travel Earth.
- Attempt to or actually override any security component included in or underlying We Travel Earth;
- Attempt to gain unauthorized access to the Services, user accounts, providers or We Travel Earth systems or networks through hacking, password mining or any other means;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on We Travel Earth’s infrastructure;
- Post reviews or blogs on services and/or products offered by your current employer or by direct competitors of your current employer’s services or products, or on any products or services for which you have a conflict of interest;
- Threaten, harm, or harass others, and/or
- Create, generate, or log in using an alias that masks your true identity.
Ownership and Intellectual Property
As it pertains to the relationship between you and We Travel Earth, you own the User Content you submit. We Travel Earth owns all content other than User Content, including all features, graphics, design, code, compilation of User Content, Website, aggregate reviews and ratings, and all other components of the Services. The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, We Travel Earth and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. All trademarks, service marks, logos, trade names and any other proprietary designations of We Travel Earth used herein are trademarks or registered trademarks of We Travel Earth and may not be copied, imitated or used, in whole or in part, without the prior written permission of We Travel Earth. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
We Travel Earth respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that User Content has been copied in a way that constitutes copyright infringement, please provide We Travel Earth with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which should be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our contact information for notice of alleged copyright infringement or other legal notices regarding User Content appearing on the Service is:
We Travel Earth
30 North Gould Street, Suite 10445
Sheridan, WY 82801 USA
Please note that we will send a copy of your notice to the person who provided the allegedly illegal content and a link to your published notice may be displayed on We Travel Earth in place of the removed content.
We reserve the right to remove User Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.
Sponsorships, Advertising & Incentivized Reviews or Reviews
Sponsorships, Advertising, Reviews, or Incentivized Reviews allow companies to further promote their profile on We Travel Earth by becoming a sponsor. Sponsors, Advertisers, or Companies may be required to meet other requirements, depending on the level of sponsorship they wish to purchase. Sponsorships, Advertising, Reviews, or Incentivized Reviews does not affect a company’s ranking on We Travel Earth. Sponsorships, Advertising, Reviews, or Incentivized Reviews does not guarantee any amount of traffic, business, sales, leads or otherwise.
If you purchase a Sponsorship, Advertising, Review, or Incentivized Review or any other service that we offer for a fee, either on a one-time or subscription basis, you agree to pay the applicable fees as set forth at the time of purchase as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts as described in the Advertising Agreement. By purchasing a subscription, of any kind, you are expressly agreeing that we, or any payment agents of ours, are authorized to charge you a recurring fee on a monthly basis as set forth in the Advertising Agreement and any ensuing Invoice, (if Any), and any other charges you may incur in connection with your use of the Services, including any applicable taxes, to be charged to the payment method you provided. The applicable fee(s) will be billed at the beginning of your Sponsorship, Advertising, Review, or Incentivized Review subscription and each month thereafter unless and until you cancel your subscription or your payment method fails or expires.
If you want to use a different payment method or if there is a change in payment method, please, you must contact us at mailto:bzenk@WeTravelEarth.com to update your billing information. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your subscription, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Failure to pay in a timely manner may result in the termination of your Sponsorship, Advertising, Review, or Incentivized Review subscription and/or application of late payment fees. Late payment fees of up to $200, or more, may be applied on invoices 30 days past due.
Your obligation to pay fees continues until you cancel your Sponsorship, Advertising, Review, or Incentivized Review subscription or the end of the period. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Sponsorship, Advertising, Review, or Incentivized Review Sponsorship at any time by contacting us here. We Travel Earth’s refund policy is described in the Advertising Agreement. We do not guarantee refunds for dissatisfaction.
We Travel Earth reserves the right to restrict, suspend, or terminate your access to the Services or Sponsorship, Advertising, Review, or Incentivized Review subscription at any time without prior notification or liability, with or without cause including, (without limitation), due to: (1) your breach of the Terms; or (2) failure to pay applicable fees.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PROVIDE THE SERVICES AND ALL INFORMATION CONTAINED THEREIN ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK.
WE TRAVEL EARTH MAKES NO CLAIMS WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE COMPANIES POSTED, REVIEWED, ADVERTISED, THEIR SERVICES OFFERED, OR THEIR PERFORMANCE THEREIN. WE TRAVEL EARTH DOES NOT ENDORSE ANY COMPANY, VENDOR, SERVICE, OR PRODUCT DEPICTED IN THE SERVICES AND DOES NOT ADVISE USERS TO SELECT ANY PARTICULAR COMPANY ON THE BASIS OF ITS STATUS, PREVELANCE, REVIEWS, RATINGS, CLAIMS, OR FREQUENCY OF APPEARANCE ON OUR SITE. SERVICES ON WE TRAVEL EARTH CONSIST OF THE OPINIONS OF THE INDIVIDUAL AND SHOULD NOT BE CONSTRUED AS STATEMENTS OF FACT. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF QUALITY, ACCURACY, OR RELIABILITY OF USER CONTENT. YOUR PURCHSE OR USE OF, AND THE QUALITY AND PERFORMANCE OF, ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES PROVIDED, ENDORCED, OR REVIEWED BY USERS, OR THE LIKE, ON THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
WE TRAVEL EARTH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS. WE TRAVEL EARTH DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS, ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES IN THE SERVICES OR IN THE INFORMATION IN OR DESCRIPTION OF THE SERVICES, (INCLUDING, WITHOUT LIMITATION, COMPANY PROFILES, PORTFOIO IMAGES AND DESCRIPTIONS, REVIEWS, DIRECTORY AND RESEARCH DATA, AND THE LIKE). WE TRAVEL EARTH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR ANY INFORMATION CONTAINED THEREIN FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION OR OFFERING OF ANY INFORMATION ABOUT A PRODUCT OR SERVICE OR COMPANY OTHER THAN WE TRAVEL EARTH DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WE TRAVEL EARTH.
IF YOU ARE DISSATISFIED OR HARMED BY WE TRAVEL EARTH OR ANYTHING RELATED TO WE TRAVEL EARTH, YOU MAY CLOSE YOUR WE TRAVEL EARTH ACCOUNT, STOP USING THE SERVICES, AND TERMINATE THESE TERMS AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
WE TRAVEL EARTH DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE TRAVEL EARTH DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE TRAVEL EARTH DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON WHATSOEVER.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE TRAVEL EARTH BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, PROPERTY DAMAGE, ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, OR ANY ACT OF GOD, EVEN IF WE TRAVEL EARTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THESE TERMS, (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO SUCH CLAIM IN THE CALENDAR YEAR IN WHICH SUCH CLAIM AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold We Travel Earth harmless from and against any and all third party claims, liabilities, demands, settlements, damages, losses, and expenses of any kind, (including, but not limited to, reasonable attorneys’ fees and costs), arising out of or relating, in any way to (1) your failure to comply with these Terms, including, without limitation, your submission of User Content or (2) your use of the Services or any activity in which you engage on, or through, We Travel Earth.
Choice of Law
These Terms or any claim, cause of action or dispute (“claim”) arising out of or related to the Terms shall be governed by the laws of the State of Colorado, USA, regardless of your country of origin or where you access We Travel Earth, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and We Travel Earth agree that all claims arising out of, or related to, these Terms must be resolved exclusively by a state or federal court located in the State of Colorado, except as otherwise agreed by the parties.
Links to Third-Party Sites
Entire Agreement & Severability
You agree that these Terms constitute the entire, complete and exclusive agreement between you and We Travel Earth regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.
If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
Waiver of Rights and Injunction
Our failure to act with respect to a breach of the Terms by you, or others, does not waive our right to act with respect to that breach, or subsequent similar, or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions shall be deemed legally binding unless documented in a physical writing hand signed by a duly appointed officer of We Travel Earth.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Assignment of Rights
You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, We Travel Earth for any third party that assumes our rights and obligations under the Terms.
For answers to your questions, Contact us here. Or, you can write to us at:
We Travel Earth
30 North Gould Street
Sheridan WY. 82801