June 12 2021
This memorandum contains both Terms of Service and Privacy Policy. Please review it carefully in its entirety.
These Terms of Service and Privacy Policy ("Terms and Policy") apply to your access and use of the mobile application (the "App") and all other products and services (collectively the "Service") of Wayfarer Journey Corp ("Wayfare" “We” “Us” “Ours”).
BY DOWNLOADING THE APP USING REGISTERING BROWSING CONTENT SUBMITTING CONTENT TO OR OTHER ACCESS AND/OR USE THE SERVICE YOU AGREE TO THESE TERMS AND POLICY BELOW. If you do not wish to agree to all of these Terms and Policy provisioned in this memorandum please terminate your use of the App and Service immediately.
You need to be at least 13 years of age to use the Service. If you are between the ages of 13 and 18 a parental consent to these Terms and Policy to Wayfarer Journey is required before your use of the Service. If you are under 13 years of age you may not use the Service.
Wayfarer Journey reserves the right to change these Terms and Policy at any time. You may be notified by the updated date at the top of this document. Occasionally we will notify the changes made to Terms and Policy by email or other means on the Service. Please make sure you check for changes to these terms periodically. Any change to these Terms and policy becomes immediately effective following their posting. Your continued use of the Service after changes made to these Terms and Policy indicate your acceptance to those changes. If do not wish to agree to any changes to these Terms and Policy please immediately terminate your use of the Service.
Further these Terms and Policy will also govern any upgrades or new versions of the App and/or Service that may replace and/or supplement the original App and/or Service. If the upgrade or new version is not accompanied by a Terms and Policy these Terms and Policy will govern.
Description of Service
Wayfarer provides you access to location-based audio content and other information.Registering as a User
In order to use the Services you may be required to register a user account with Wayfarer Journey. By registering you warrant that all information provided by you is truthful accurate current and complete. Wayfarer Journey may collect the information you provide as described in our Privacy Policy located at the second section of this document. Wayfarer Journey reserves the right in granting or rejecting user accounts at our discretion. You accept full responsibility for any and all use of your account regardless if you authorized such access or use or not. You also accept full responsibility that all use of your account is in full compliance with these Terms and Policy.Despite our best efforts to protect your personal data you must fully accept the risk of potential security breach imposed by third parties. In such cases you agree to indemnify Wayfarer Journey of all your losses or damages incurred as a result of such security breach.
Your Right to Use the Service
If you fully accept and comply with these Terms and Policy Wayfarer Journey grants you non-commercial personal limited nonexclusive nontransferable and revocable license to access and use the Service. When you download the App you are given the right to download use and access one copy of the App at the priced listed.You also fully accept that the Service contain copyrighted material trademarks and other proprietary information including but not limited to text URL animation software images audio video graphics music and the rights to the contents of the Services under the United States copyright laws and other laws are owned controlled or Licensed or otherwise made legal to use by Wayfarer Journey. While you are granted a license to use access view or display the Service you may not modify reproduce copy frame interfere disrupt alter disclose publish transmit translate publicly display publicly perform sell or participate in the sale create derivative works license sublicense rent transfer assign disassemble decompile or reverse engineer any of the content or software of the Service or in any other way exploit the content or the Service in whole or in part. You further agree to not attempt to gain unauthorized access to the Service and its related systems or networks.
Wayfarer Journey reserves the right to terminate the license granted to you upon your violation of any provisions listed in these Terms and Policy policies listed within the third party application store or marketplace where you downloaded the App or a tour discretion. If you wish to terminate the license granted by Wayfarer Journey please delete and destroy any copies of the App and terminate your use of the Service.
Equipment and Internet Data
You are solely responsible to provide maintain and manage the equipment necessary for the use or access to the Service including but not limited to your mobile devices tablet devices computers ear plugs ear phones head phones chargers auxiliary jack blue tooth devices USB cords and any other hardware or software needed to use and access the Services.In addition you further agree that you are solely responsible for providing and managing the Internet connection and data and all their related fees incurred as the result of your use or access to the Service. Although Wayfarer Journey’s App can be used offline you hereby acknowledge that the App may access the Internet data on your device during your access or use to the App or while the App is in the background state of your mobile device. You further acknowledge that if you do not wish to use any Internet connection or Internet data you may turn off your mobile device’s access to the Internet or data by managing it under setting provided on your device. For specific instruction on how to turn off your device’s Internet and data usage please consult your device’s manufacturer. You assume all responsibility for all data fees during your use or related to your use or access to the Service.
Submitting Content
Wayfarer Journey may allow you or third parties to submit content or material to the Service. Any content or material submitted to the Service by you will be owned by you. And you agree to assume the full responsibility and indemnify Wayfarer Journey harmless to the fullest extent allowed by law regarding all matters related to content or materials submitted by you.You also hereby acknowledge that by submitting content or material to the Service you automatically grant Wayfarer Journey the royalty-free worldwide universal transferrable perpetual irrevocable non-exclusive right and license to use reproduce store broadcast publicly perform publicly display publically promote advertise create derivative works from distribute translate transmit reproduce modify edit reformat adapt license sublicense sell or participate in the sale copy transfer assign disassemble decompile such content and material in whole or in part and to incorporate it in other works in any form without compensation. You also agree to allow us to use your name along with the content and material submitted by you.
If you are a resident of the European Union or other countries that recognize unalienable moral rights you hereby grant Wayfarer Journey the broadest license legally allowed under the applicable law.
Modification and Availability
Wayfarer Journey reserves the right to alter update or remove the App and Service any time or demand that you do so. You acknowledge that Wayfarer Journey does not warrant that the App and Service will always and continuously be working or accessible. Wayfarer Journey further disclaims that the App and Services will always work as advertised or to your satisfaction.Your Conduct
You hereby agree to do the following in connection with the Service:Wayfarer Journey’s Rights
You hereby acknowledge that all information data materials content graphics text graphs designs look and feel HTML photographs images sounds music audio video sources and object codes algorithms logos trademarks service marks are owned by or licensed by Wayfarer Journey and are subject to copyright and other intellectual property rights under United States and that of other nations or international conventions. Wayfarer Journey reserves all rights not expressly set forth in these Terms and Policy.Payments and Refunds
Wayfarer Journey distributes the App through the App Store Google Play and/or other third party marketplace. Payments for the App and all in-app purchase products are due at the time of download or purchase via the third party marketplace from which you made the purchase or download. Any refunds request for refunds or disputes shall be processed through the same third party marketplace.Representations and Warranties
You hereby acknowledge that Wayfarer Journey is not responsible for anything you may encounter while using the App including but not limited to physical and natural hazards traffic accidents and any forms of delay danger damages or losses. You further acknowledge that Wayfarer Journey’s App and Service only provide you with information and you solely rely on yourself for your own safety and the safety of others around you and to be fully aware of your surroundings at all times during the use of the App or Service.Disclaimer
YOU HEREBY EXPRESSLY AGREE THAT THE USE OF SERVICE IS AT YOUR SOLE RISK. WAYFARER JOURNEY AND ITS EMPLOYEES MANAGERS INVESTORS OFFICERS DIRECTORS PARTNERS OWNERS THIRD PARTY PROVIDERS LICENSORS CONTRACTORS OR AGENTS (“COVERED PARTIES”) GIVE NO WARRANTY (EXPLICIT OR IMPLIED) THAT THE SERVICE WILL BE ERROR FREE UNINTERUPTED OR TO YOUR SATISFACTION; NOR DO THE COVERED PARTIES WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR FROM THE ACCURACY COMPLETENESS OR RELIABILITY OF INFORMATION CONTAINED THEREIN TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WAYFARER JOURNEY AND COVERED PARTIES FURTHER DISCLAIM THAT THE SERVICE WILL BE FREE FROM ANY HARMFUL COMPONENTS INCLUDING WITHOUT LIMITATION VIRUSES MALWARE FAILURE SECURITY BREACH BY THIRD PARTIES INACCURATE INFORMATION OR DATA INTERRUPTION DELETION DELAY IN OPERATION OR TRANSMISSION OF INFORMATION IN THE SERVICE. WAYFARER JOURNEY FURTHER DISCLAIMS ITS WARRANTY THAT YOUR USE OF THE APP AND SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. FURTHER WAYFARER JOURNEY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY FITNESS SUITABLE FOR ANY PURPOSE NON-INFRINGEMENT CONDITION OF TITLE AND CUSTOM. IN NO EVENT WILL COVERED PARTIES BE LIABLE FOR ANY DAMAGES CLAIMS OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. YOU HEREBY AGREE TO ASSUME ALL RISK FOR ANY DAMAGES CLAIMS OR INJURIES.
YOU FURTHER AGREE TO NOT RELY ON THE SERVICE FOR SAFETY (YOUR OWN AND OTHERS). YOU UNDERSTAND THAT ALTHOUGH WAYFARER JOURNEY STRIVES TO PROVIDE ACCURATE DATA AND UNINTERRUPTED SERVICE, THE APP AND SERVICE MAY CONTAIN ERRORS, MISTAKES, AND FAILURES. IN ADDITION, THE APP AND SERVICE DOES NOT KNOW WHAT IS TAKING PLACE IN FRONT OF YOU. YOU ALSO HEREBY EXPRESSLY ACKNOWLEDGE THAT ALL LOCATIONS, MAPS, MAP ROUTES, DIRECTION, NAVIGATION, TOUR HIGHLIGHTS, AND ALL INFORMATION, DATA, MATERIALS, CONTENT, AUDIO, VIDEO ARE ONLY APPROXIMATES AND ARE PROVIDED “AS-IS” AND “WITH FAULTS”.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WAYFARER JOURNEY AND COVERED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO A) YOUR USE OR INABILITY TO USE THE APP AND/OR SERVICE; B) ERRORS, MISTAKES, OMISSIONS, OR ANY INACCURACY OF INFORMATION, CONTENT, OR DATA; C) ANY VIRUSES, MALWARE, FAILURES, BUGS IN THE TRANSMISSION OF INFORMATION; D) ANY SERVICE SECURITY BREACH BY THIRD PARTIES; E) ANY MISTAKES, OMISSIONS, FAILURE, OR ERRORS IN THIRD-PARTY CONTENT; F) ANY LOSS OF PROPERTY INCLUDING BUT NOT LIMITED TO PHYSICAL LOSSES, DEATH, AND/OR ANY AND ALL OTHER TYPES OF DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THESE TERMS AND POLICY, YOUR USE OF THE SERVICE (INCLUDING THE APP AND ANY WAYFARER JOURNEY TOUR), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, OMISSIONS WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF WAYFARER JOURNEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW WAYFARER JOURNEY TO LIMIT OUR LIABILITY, SUCH AS THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WAYFARER JOURNEY’S LIABILITY SHALL BE LIMITED TO THE SMALLEST EXTENT POSSIBLE BY LAW IN YOUR PARTICULAR JURISDICTION.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF WAYFARER JOURNEY AND COVERED PARTIES WILL NOT EXCEED THE PURCHASING PRICE FOR THE PARTICULAR WAYFARER JOURNEY TOUR FROM WHICH THE LOSS OR DAMAGES AROSE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING BUT NOT LIMITED TO ANY FEES ASSOCIATED WITH YOUR DEVICE AND/OR INTERNET DATA USAGE).
Indemnity
You agree to defend, indemnify, and hold harmless Wayfarer Journey and its officers, directors, owners, employees, contractors, investors, and agents from and against any and all claims, damages, payments, deficiencies, fines, obligations, losses, liabilities, costs, debt, judgments, settlements, and expenses (including but not limited to attorney’s fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service, violation of these Terms and Policy, your violation of any third-party right including but not limited to any copyright, property, or privacy. This indemnification obligation will survive these Terms and Policy and your use of the App and Service.
Third-Party Software
The App and Service may contain certain third-party software, plugins, or Application Programming Interface (collectively “Third-Party Software”) that require separate terms of agreement. You agree to use the Third-Party Software in conjunction with the App in a manner consistent with these Terms and Policy.
Changes to the Service
Wayfarer Journey reserves the right in our discretion to review, amend, improve, change, or discontinue these Terms and Policy from time to time with or without notifying you. Further, Wayfarer Journey reserves the right to change, modify, or discontinue any features, materials, content, or data in the App and Service at our discretion, also with or without notifying you. You acknowledge that Wayfarer Journey is not liable to you or any third party for any changes, alterations, or discontinuance of the Service in whole or in part.
Export Control
You represent and warrant that (a) you do not reside in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist-supporting" country and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Electronic Communications
You agree that Wayfarer Journey may communicate with you electronically for all purposes. You agree that electronic communication will satisfy any legal communication requirements, including that the communications be in writing. You further agree to contact Wayfarer Journey if you wish to withdraw your consent from receiving electronic notice. The email address for such notification to Wayfarer Journey is [email protected].
Choice of Law
This Agreement shall be governed by the laws of the state of Hawaii and the United States of America.
Suspension and Termination
Wayfarer Journey may suspend or terminate your rights to access or use the Service for any reason or for no reason at all at our discretion. Although Wayfarer Journey will strive to provide you with a timely explanation in most cases, we reserve the right to do so with or without notifying you. Suspension or termination may include restricting access to and use of the App and Service. If you wish to terminate the use of the App and/or Service, please do so by deleting or destroying the App that you have downloaded and ceasing to use the Service.
Deleting the App will result in the immediate deletion of all content included in the App that you downloaded. Wayfarer Journey reserves the right to keep any content submitted by you to our Service, including your username, password, first name, last name, zip code, and all other information provided by you with your permission (explicit or implicit) for commercial, internal, and legal purposes. All of the terms in these Terms and Policy (excluding the license grant) will survive any termination or suspension.
Forum of Dispute
You agree that in the event of any controversy or claims arising out of or relating in any way to these Terms and Policy, prior to commencing any litigation against Wayfarer Journey, you or your representatives shall consult and negotiate with Wayfarer Journey in a timely manner and attempt in good faith to reach a settlement of such dispute.
In the event that you and Wayfarer Journey are unable to resolve the matter(s) in dispute amicably within sixty (60) days, either you or Wayfarer Journey may give notice of the dispute to the other party, and the parties shall submit all matters still in dispute to mediation by a mediator in the City and County of Los Angeles, California.
The mediation shall be conducted under such procedures as you and Wayfarer Journey may agree. All costs and expenses of mediation, including attorney fees of the prevailing party, shall be paid by the non-prevailing party.
In the event that you and Wayfarer Journey are unable to resolve the matter in dispute through mediation, the unresolved dispute shall be resolved by arbitration in accordance with the rules of the American Arbitration Association (AAA) before a single arbitrator selected by Wayfarer Journey in Los Angeles, California. However, you and Wayfarer Journey agree to not proceed to arbitration without first resolving it through mediation.
The arbitration shall be conducted under such procedures as both you and Wayfarer Journey may mutually agree or, failing such agreement, under the arbitration rules of AAA. The arbitrator shall render a written opinion, including findings of fact and law, and the award and/or determination of the arbitrator shall be binding on you and Wayfarer Journey and will not be subject to appeal. All costs and expenses of arbitration shall be paid by the non-prevailing party.
For any disputes that are not handled by mediation and arbitration, you agree that any action at law or in equity arising out of or relating to these Terms and Policy shall be filed only in the state and federal courts located in Los Angeles, California. And you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms and Policy or the use of the App and Service.
Force Majeure
You agree that Wayfarer Journey is not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our control, including but not limited to acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, power outage, failure or delay of your device’s signal and service integrity to the global positioning system (GPS), failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Severability
In the event that a provision of these Terms and Policy is found to be unlawful, conflicting with another provision of these Terms and Policy, or otherwise unenforceable, these Terms and Policy will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms and Policy are deemed to conflict with each other’s operation, Wayfarer Journey shall have the sole right to elect which provision remains in force.
Non-Waiver
Enforcement of these Terms and Policy is solely at our discretion. Wayfarer Journey reserves all rights permitted to us under these Terms and Policy as well as under the provisions of any applicable law. Wayfarer Journey’s non-enforcement of any particular provision(s) in these Terms and Policy or any applicable law should not be deemed as our waiver of the right to enforce that same provision under the same or different circumstances at any time.
Assignment
You may not assign your rights and/or obligations under these Terms and Policy to any other party without obtaining written consent from Wayfarer Journey. Wayfarer Journey may assign our rights and/or obligations under these Terms and Policy to any other party at our discretion with or without notifying you.
California Users
Pursuant to California Civil Code Section 1789.3, any inquiries to Wayfarer Journey must be addressed via email to [email protected]. Further, under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd. Suite S-202 Sacramento, California 95834, or by telephone at (800) 952-5210.
Information Provided by You
To use or access the App and Service you may be required to provide certain information explicitly such as your name email browser location username password and zip code when you sign up via email and/or other information you submit by permission when you sign up via Facebook or Google or interact with us via Twitter and other social media services. Information we obtained from these social media services is in accordance with the authorization procedures determined by these services.Further Wayfarer Journey may collect additional information such as your location browser and other information when you contact us give feedback fill out a form contact customer support communicate with us via third party means such as social media services or otherwise communicate with us.
Information Collected Automatically By Wayfarer Journey
Whenever you use our App or Service Wayfarer Journey may collect information from you such as your IP address usage and interactions with the Service query information location referring URL browser operating system device type version unique identifiers mobile network information cookie information data transferred date and time duration of usage pages viewed and the page you visited before navigating to the Service purchase history and other information.Cookies and Tracking
Wayfarer Journey may use a variety of technology such as cookies and web beacons to collect information from you for the purpose of improving our Service analytics and understanding how you interact or use the Service.
Use of Information
Wayfarer Journey may use information about you for the following purposes including but not limited to:Third Party Access to Your Information
Wayfarer Journey may share information about you or as otherwise described in these Terms and Policy third parties in the following ways including but not limited to:
Without limitation of the generality of the foregoing you hereby grant your authorization to Wayfarer Journey to use third party services for the purposes of information collection providing Service to you and analytics.
Terms of Use and Privacy Policy of Third Parties
Wayfarer Journey may use third party services including but not limited to social media services App Store Google Play as an integral part of the Service. You acknowledge that Wayfarer Journey does not screen maintain monitor or protect the securities of these third parties services. Wayfarer Journey is not responsible for the information about you collected by any third party. You agree to review their Terms of Service and Privacy Policy and acknowledge their information collection practices of you.
Third Party Analytics
Wayfarer Journey may use third party analytics services that use cookies web beacons and other technologies and methods to collect your information arising from or in connection to your use of the Services. Wayfarer Journey and other third parties may use information provided by such analytics services to improve correct gather data modify and upgrade our Service.
Law Enforcement
You agree that Wayfarer Journey may disclose your information to authorities if compelled to by a court order according to the U.S. law or the laws of other countries and convention. Additionally Wayfarer Journey may disclose your information with law enforcement or third parties if we reasonably believe that you have breached these Terms and Policy or for any other legal purposes.
Your Choices
You agree that once information is submitted by you or collected by Wayfarer Journey you will be unable to opt out of our data collection practices. In the event that you wish to review change access or remove any of your information provided by you or collected by Wayfarer Journey please contact us at [email protected]. You further agree that Wayfarer Journey may keep archived copies of your information as required by law of for legitimate business purposes.
You may choose to remove or reject cookies on our Services by changing your browser setting. You may remove permission to receive push notification and alerts from Wayfarer Journey by on your mobile device. You may opt out receiving promotional unsolicited communications such as emails texts messages from Wayfarer Journey by unsubscribing from or unfollowing us.
Children’s Online Privacy Protection Rule (COPPA)
Please review our Terms of Use in section I for Wayfarer Journey’s compliance with COPPA.
California Privacy Rights
California Civil Code Section 1798.83 also known as the “Shine The Light” law permits our users who are California residents to request and obtain from us once a year and free of charge information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age reside in California and have a registered account with the Site or our mobile application you have the right to request removal of unwanted data that you publicly post on the Site or our mobile application. To request removal of such data please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site or our mobile application but please be aware that the data may not be completely or comprehensively removed from our systems.
Ongoing Amendments
Wayfarer Journey reserves the right to change this Privacy Policy at any time. You may be notified by the updated date at the top of this document. Occasionally we may notify the changes made to this Privacy Policy by email or other means on the Service. Please make sure you check for changes to these terms periodically. Any change becomes immediately effective following its posting. Your continued use of the Service after changes made to this Privacy Policy indicate your acceptance to those changes. If do not wish to agree to any changes please immediately terminate your use of the Service.
Contact Us
If you have any questions or concerns for this Privacy Policy please email us at [email protected].