Terms

* TERMS

LAST UPDATED MAY 31, 2018 HELLO! WELCOME TO INCRELABS INC TERMS OF SERVICE. PLEASE READ THIS CAREFULLY BEFORE USING OUR SITE, SERVICES, OR PRODUCTS. THIS IS A CONTRACT BETWEEN YOU AND INCRELABS. WE’VE TRIED TO BE FAIR AND STRAIGHTFORWARD. PLEASE FEEL FREE TO CONTACT US IF YOU HAVE ANY QUESTIONS OR SUGGESTIONS! ACCEPTING THE TERMS OF SERVICE PLEASE READ THESE TERMS OF SERVICE AND OUR COMMUNITY GUIDELINES (COLLECTIVELY, THE "AGREEMENT") CAREFULLY BEFORE USING WANDER (THE "APP") AND/OR THE OTHER DOMAINS, WEBSITES, PRODUCTS, APPLICATIONS, MOBILE APPLICATIONS, SERVICES, AND/OR CONTENT PROVIDED BY INCRELABS, INC. (ALL OF THOSE COLLECTIVELY WITH THE SITE, THE "SERVICES") ("WANDER," "WE," OR "US"). BY USING OR ACCESSING THE SERVICES, YOU ("SUBSCRIBER" OR "YOU") AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DON’T AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULDN'T, AND AREN'T PERMITTED TO, USE THE SERVICES. CHANGES TO THESE TERMS WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT BY (1) POSTING A REVISED AGREEMENT ON AND/OR THROUGH THE SERVICES AND (2) PROVIDING NOTICE TO YOU THAT THIS AGREEMENT HAS CHANGED, GENERALLY VIA EMAIL WHERE PRACTICABLE. MODIFICATIONS WILL NOT APPLY RETROACTIVELY. YOU ARE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY MODIFICATIONS TO THIS AGREEMENT. WE MAY SOMETIMES ASK YOU TO REVIEW AND TO EXPLICITLY AGREE TO (OR REJECT) A REVISED VERSION OF THIS AGREEMENT. IN SUCH CASES, MODIFICATIONS WILL BE EFFECTIVE AT THE TIME OF YOUR AGREEMENT TO THE MODIFIED VERSION OF THIS AGREEMENT. IF YOU DO NOT AGREE AT THAT TIME, YOU ARE NOT PERMITTED TO USE THE SERVICES. IN CASES WHERE WE DO NOT ASK FOR YOUR EXPLICIT AGREEMENT TO A MODIFIED VERSION OF THIS AGREEMENT, BUT OTHERWISE PROVIDE NOTICE AS SET FORTH ABOVE, THE MODIFIED VERSION OF THIS AGREEMENT WILL BECOME EFFECTIVE FOURTEEN DAYS AFTER WE HAVE POSTED THE MODIFIED AGREEMENT AND PROVIDED YOU NOTIFICATION OF THE MODIFICATIONS. YOUR USE OF THE SERVICES FOLLOWING THAT PERIOD CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. IF YOU DO NOT AGREE TO THE MODIFICATIONS, YOU ARE NOT PERMITTED TO USE, AND SHOULD DISCONTINUE YOUR USE OF, THE SERVICES. DESCRIPTION OF THE SERVICE THE SERVICE ALLOWS USERS TO VIRTUALLY TOUR AND EXPLORE LOCATIONS IN CERTAIN CITIES BY LISTENING TO LOCATION-AWARE AUDIO TOURS CREATED BY OTHER TRAVELERS. YOU ARE RESPONSIBLE FOR YOUR USE OF THE APP. WANDER IS NOT RESPONSIBLE FOR ANY OF THE EQUIPMENT THAT YOU MAY USE TO ACCESS THE APP (INCLUDING ANY EARPLUGS, EARPHONES, OR ANY OTHER LISTENING DEVICE, OR ANY MOBILE DEVICE OR ANY OTHER DEVICE USED TO ACCESS THE SERVICE). ALSO, WANDER IS NOT RESPONSIBLE ANYTHING YOU MAY ENCOUNTER WHILE USING THE APP (INCLUDING, BUT NOT LIMITED TO, PHYSICAL HAZARDS, TRAFFIC, AND OTHER PEOPLE). ACCORDINGLY, YOU MUST EXERCISE DUE CARE WHEN USING THE APP -- ALWAYS BE FULLY AWARE OF YOUR SURROUNDINGS AT ALL TIMES WHILE ON A WANDER TOUR OR OTHERWISE USING OUR APP. CREATING ACCOUNTS WHEN YOU CREATE AN ACCOUNT YOU MUST MAINTAIN THE SECURITY OF YOUR PASSWORD AND ACCEPT ALL RISK THAT SOMEONE MAY ACCESS YOUR ACCOUNT WITHOUT YOUR PERMISSION. IF YOU DISCOVER OR SUSPECT ANY SECURITY BREACHES, PLEASE LET US KNOW AS SOON AS POSSIBLE. YOU REPRESENT AND WARRANT TO US THAT ALL INFORMATION THAT YOU PROVIDE IN CONNECTION WITH YOUR ACCOUNT IS ACCURATE, TRUTHFUL, CURRENT AND COMPLETE. WANDER RESERVES THE RIGHT TO DENY ANY ACCOUNT AT OUR DISCRETION. RIGHT TO USE THE SERVICE SERVICE CHANGES AND LIMITATIONS: THE SERVICES CHANGE FREQUENTLY, AND THEIR FORM AND FUNCTIONALITY MAY CHANGE WITHOUT PRIOR NOTICE TO YOU. WE RETAIN THE RIGHT TO CREATE LIMITS ON AND RELATED TO USE OF THE SERVICES IN ITS SOLE DISCRETION AT ANY TIME WITH OR WITHOUT NOTICE. WANDER MAY ALSO IMPOSE LIMITS ON CERTAIN SERVICES OR ASPECTS OF THOSE SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY. WANDER MAY CHANGE, SUSPEND, OR DISCONTINUE ANY OR ALL OF THE SERVICES AT ANY TIME, INCLUDING THE AVAILABILITY OF ANY PRODUCT, FEATURE, DATABASE, OR CONTENT (AS DEFINED BELOW). WANDER MAY ALSO TERMINATE OR SUSPEND ACCOUNTS (AS DEFINED BELOW) AT ANY TIME, IN ITS SOLE DISCRETION. LIMITATIONS ON AUTOMATED USE: YOU MAY NOT, WITHOUT EXPRESS PRIOR WRITTEN PERMISSION, DO ANY OF THE FOLLOWING WHILE ACCESSING OR USING THE SERVICES: (A) TAMPER WITH, OR USE NON-PUBLIC AREAS OF THE SERVICES, OR THE COMPUTER OR DELIVERY SYSTEMS OF WANDER AND/OR ITS SERVICE PROVIDERS; (B) PROBE, SCAN, OR TEST ANY SYSTEM OR NETWORK (PARTICULARLY FOR VULNERABILITIES), OR OTHERWISE ATTEMPT TO BREACH OR CIRCUMVENT ANY SECURITY OR AUTHENTICATION MEASURES; (C) ACCESS OR SEARCH OR ATTEMPT TO ACCESS OR SEARCH THE SERVICES BY ANY MEANS (AUTOMATED OR OTHERWISE) OTHER THAN THROUGH OUR CURRENTLY AVAILABLE, PUBLISHED INTERFACES THAT ARE PROVIDED BY WANDER (AND ONLY PURSUANT TO THOSE TERMS AND CONDITIONS) OR UNLESS PERMITTED BY WANDER'S ROBOTS.TXT FILE OR OTHER ROBOT EXCLUSION MECHANISMS; (D) SCRAPE THE SERVICES, AND PARTICULARLY SCRAPE CONTENT (AS DEFINED BELOW) FROM THE SERVICES; (E) USE THE SERVICES TO SEND ALTERED, DECEPTIVE, OR FALSE SOURCE-IDENTIFYING INFORMATION, INCLUDING WITHOUT LIMITATION BY FORGING TCP-IP PACKET HEADERS OR EMAIL HEADERS; OR (F) INTERFERE WITH, OR DISRUPT, (OR ATTEMPT TO DO SO), THE ACCESS OF ANY SUBSCRIBER, HOST OR NETWORK, INCLUDING, WITHOUT LIMITATION, BY SENDING A VIRUS TO, SPAMMING, OR OVERLOADING THE SERVICES, OR BY SCRIPTED USE OF THE SERVICES IN SUCH A MANNER AS TO INTERFERE WITH OR CREATE AN UNDUE BURDEN ON THE SERVICES. REGISTRATION AND SECURITY YOU AGREE TO PROVIDE WANDER WITH ACCURATE, COMPLETE, AND UPDATED REGISTRATION INFORMATION, PARTICULARLY YOUR EMAIL ADDRESS. YOU ARE ALSO RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT PASSWORD AND FOR THE SECURITY OF YOUR ACCOUNT, AND YOU WILL NOTIFY WANDER IMMEDIATELY OF ANY ACTUAL OR SUSPECTED LOSS, THEFT, OR UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT PASSWORD. CONTENT AND SUBSCRIBER CONTENT DEFINITIONS: FOR PURPOSES OF THIS AGREEMENT: (1) THE TERM "CONTENT" MEANS A CREATIVE EXPRESSION AND INCLUDES, WITHOUT LIMITATION, VIDEO, AUDIO, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, ANIMATIONS, LOGOS, TOOLS, WRITTEN POSTS, REPLIES, COMMENTS, INFORMATION, DATA, TEXT, SOFTWARE, SCRIPTS, EXECUTABLE FILES, GRAPHICS, THEMES (AS DEFINED BELOW), AND INTERACTIVE FEATURES, ANY OF WHICH MAY BE GENERATED, PROVIDED, OR OTHERWISE MADE ACCESSIBLE ON OR THROUGH THE SERVICES; (2) THE TERM "SUBSCRIBER CONTENT" MEANS CONTENT THAT A SUBSCRIBER SUBMITS, TRANSFERS, OR OTHERWISE PROVIDES TO THE SERVICES. CONTENT INCLUDES, WITHOUT LIMITATION, ALL SUBSCRIBER CONTENT. YOUR RIGHTS IN SUBSCRIBER CONTENT: SUBSCRIBERS RETAIN OWNERSHIP AND/OR OTHER APPLICABLE RIGHTS IN SUBSCRIBER CONTENT, AND WANDER AND/OR THIRD PARTIES RETAIN OWNERSHIP AND/OR OTHER APPLICABLE RIGHTS IN ALL CONTENT OTHER THAN SUBSCRIBER CONTENT. SUBSCRIBER CONTENT LICENSE TO WANDER: WHEN YOU PROVIDE SUBSCRIBER CONTENT TO WANDER THROUGH THE SERVICES, YOU GRANT WANDER A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, SUBLICENSABLE, TRANSFERABLE RIGHT AND LICENSE TO USE, HOST, STORE, CACHE, REPRODUCE, PUBLISH, DISPLAY (PUBLICLY OR OTHERWISE), PERFORM (PUBLICLY OR OTHERWISE), DISTRIBUTE, TRANSMIT, MODIFY, ADAPT (INCLUDING, WITHOUT LIMITATION, IN ORDER TO CONFORM IT TO THE REQUIREMENTS OF ANY NETWORKS, DEVICES, SERVICES, OR MEDIA THROUGH WHICH THE SERVICES ARE AVAILABLE), AND CREATE DERIVATIVE WORKS OF, SUCH SUBSCRIBER CONTENT. THE RIGHTS YOU GRANT IN THIS LICENSE ARE FOR THE LIMITED PURPOSES OF ALLOWING WANDER TO OPERATE THE SERVICES IN ACCORDANCE WITH THEIR FUNCTIONALITY, IMPROVE THE SERVICES, AND DEVELOP NEW SERVICES. THE REFERENCE IN THIS LICENSE TO "CREAT[ING] DERIVATIVE WORKS" IS NOT INTENDED TO GIVE WANDER A RIGHT TO MAKE SUBSTANTIVE EDITORIAL CHANGES OR DERIVATIONS, BUT DOES, FOR EXAMPLE, ENABLE SAVING AND SHARING, WHICH ALLOWS WANDER SUBSCRIBERS TO REDISTRIBUTE SUBSCRIBER CONTENT FROM ONE WANDER GUIDES TO ANOTHER IN A MANNER THAT ALLOWS THEM TO ADD THEIR OWN TEXT OR OTHER CONTENT BEFORE OR AFTER YOUR SUBSCRIBER CONTENT. YOU ALSO AGREE THAT THIS LICENSE INCLUDES THE RIGHT FOR WANDER TO MAKE ALL PUBLICLY-POSTED CONTENT AVAILABLE TO THIRD PARTIES SELECTED BY WANDER, SO THAT THOSE THIRD PARTIES CAN SYNDICATE AND/OR ANALYZE SUCH CONTENT ON OTHER MEDIA AND SERVICES. NOTE ALSO THAT THIS LICENSE TO YOUR SUBSCRIBER CONTENT CONTINUES EVEN IF YOU STOP USING THE SERVICES, PRIMARILY BECAUSE OF THE SOCIAL NATURE OF CONTENT SHARED THROUGH WANDER’S SERVICES - WHEN YOU POST SOMETHING PUBLICLY, OTHERS MAY CHOOSE TO COMMENT ON IT, MAKING YOUR CONTENT PART OF A SOCIAL CONVERSATION THAT CAN’T LATER BE ERASED WITHOUT RETROACTIVELY CENSORING THE SPEECH OF OTHERS. YOU ALSO AGREE THAT YOU WILL RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND REPRESENT AND WARRANT THAT YOU HAVE ALL OF THE NECESSARY RIGHTS TO GRANT US THIS LICENSE FOR ALL SUBSCRIBER CONTENT YOU TRANSFER TO US. CONDUCT YOU MAY NOT DO ANY OF THE FOLLOWING IN CONNECTION WITH THE SERVICE: USE THE SERVICE IN ANY MANNER THAT COULD INTERFERE WITH, DISRUPT, NEGATIVELY AFFECT OR INHIBIT OTHER USERS FROM FULLY ENJOYING THE SERVICE OR THAT COULD DAMAGE, DISABLE, OVERBURDEN OR IMPAIR THE FUNCTIONING OF THE SERVICE; USE THE SERVICES FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE OR TO ENGAGE IN, ENCOURAGE OR PROMOTE ANY ACTIVITY THAT UNLAWFUL OR THAT VIOLATES THESE TERMS; OR CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY FILTERING, SECURITY MEASURES, RATE LIMITS OR OTHER FEATURES DESIGNED TO PROTECT THE SERVICE, ITS USERS, OR THIRD PARTIES. WANDER’S RIGHTS AS BETWEEN YOU AND WANDER, ALL INFORMATION, MATERIALS AND CONTENT OF THE SERVICE, INCLUDING TEXT, GRAPHICS, DATA, FORMATTING, GRAPHS, DESIGNS, HTML, LOOK AND FEEL, PHOTOGRAPHS, MUSIC, SOUNDS, IMAGES, SOFTWARE, VIDEOS, DESIGNS, TYPEFACES, SOURCE AND OBJECT CODE, FORMAT, QUERIES, ALGORITHMS AND OTHER CONTENT IS OWNED BY WANDER OR IS USED WITH PERMISSION. WANDER RESERVES ALL RIGHTS NOT EXPRESSLY SET FORTH IN THESE TERMS. FEEDBACK WANDER WILL OWN EXCLUSIVE RIGHTS, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, TO ANY FEEDBACK, SUGGESTIONS, IDEAS, OR OTHER INFORMATION OR MATERIALS THAT YOU PROVIDE REGARDING WANDER, WHETHER BY EMAIL, POSTING THROUGH THE APP, OR OTHERWISE ("FEEDBACK"). ANY FEEDBACK YOU SUBMIT IS NON-CONFIDENTIAL AND WILL BECOME THE SOLE PROPERTY OF WANDER. WANDER WILL BE ENTITLED TO THE UNRESTRICTED USE AND DISSEMINATION OF SUCH FEEDBACK FOR ANY PURPOSE, COMMERCIAL OR OTHERWISE, WITHOUT ACKNOWLEDGMENT OR COMPENSATION TO YOU. YOU WAIVE ANY RIGHTS YOU MAY HAVE TO THE FEEDBACK (INCLUDING ANY COPYRIGHTS OR MORAL RIGHTS). DO NOT SEND FEEDBACK TO WANDER IF YOU EXPECT TO BE PAID OR WANT TO CONTINUE TO OWN OR CLAIM RIGHTS IN YOUR FEEDBACK. WANDER ALSO HAS THE RIGHT TO DISCLOSE YOUR IDENTITY TO ANY THIRD PARTY WHO IS CLAIMING THAT ANY CONTENT POSTED BY YOU CONSTITUTES A VIOLATION OF THEIR INTELLECTUAL PROPERTY RIGHTS, OR OF THEIR RIGHT TO PRIVACY. FURTHER, YOU AGREE NOT TO SUBMIT ANY FEEDBACK THAT IS DEFAMATORY, ILLEGAL, OFFENSIVE, OR OTHERWISE VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR BREACHES ANY AGREEMENT BETWEEN YOU AND ANY THIRD PARTY. LOCATION INFORMATION THE SERVICE COLLECTS LOCATION INFORMATION AND IT WILL BE USED AND DISCLOSED AS SET FORTH IN THE PRIVACY POLICY. YOU ACKNOWLEDGE AND AGREE THAT BY ACCEPTING THESE TERMS OR USING THE SERVICE YOU AFFIRMATIVELY CONSENT TO WANDER’S COLLECTION, USE, DISCLOSURE AND STORAGE OF YOUR LOCATION INFORMATION. YOU MAY REVOKE YOUR CONSENT WITH RESPECT TO WANDER’S COLLECTION, USE, DISCLOSURE AND STORAGE OF YOUR LOCATION INFORMATION AT ANY TIME BY CONTACTING CONTACT@INCRELABS.COM AND DELETING THE APP FROM YOUR MOBILE DEVICE. PLEASE KNOW THAT IF YOU REVOKE YOUR CONSENT BY DOING ONE OF THE FOREGOING OR YOU DELETE OR DEACTIVATE YOUR ACCOUNT, WE MAY RETAIN CERTAIN INFORMATION AS REQUIRED BY LAW OR FOR LEGITIMATE BUSINESS PURPOSES. WE MAY ALSO RETAIN CACHED OR ARCHIVED COPIES OF INFORMATION ABOUT YOU FOR A CERTAIN PERIOD. IF YOU CONSENT TO OUR COLLECTION OF LOCATION INFORMATION AND YOU DO NOT SUBSEQUENTLY STOP THE COLLECTION OF THIS LOCATION INFORMATION, WANDER WILL CONTINUE TO COLLECT THIS LOCATION INFORMATION. IF YOU CONSENT TO OUR COLLECTION OF LOCATION INFORMATION, SUBSEQUENTLY STOP THE COLLECTION OF THIS LOCATION INFORMATION AND LATER CONSENT TO THE COLLECTION OF THIS LOCATION INFORMATION, WANDER WILL RESUME THE COLLECTION OF LOCATION INFORMATION. WANDER TAKES REASONABLE MEASURES TO PROTECT YOUR LOCATION INFORMATION FROM LOSS, THEFT, MISUSE AND UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION AND DESTRUCTION. THE SERVICE IS FOR YOUR USE AND TO COLLECT YOUR LOCATION INFORMATION. YOU MAY NOT USE THE SERVICE TO COLLECT ANOTHER INDIVIDUAL'S LOCATION INFORMATION. IF YOU VIOLATE ANY OF THIS RESTRICTION OR ANY OTHER RESTRICTION, YOU WILL HAVE BREACHED THESE TERMS, WHICH MAY SUBJECT YOU TO PROSECUTION AND DAMAGES. DISCLAIMERS YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WANDER DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE AND ALL THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WANDER KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (C) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. WANDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY WANDER OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WANDER, OR ITS AGENTS, VENDORS, TOUR LOCATIONS, PARTNERS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE (INCLUDING, THE APP AND ANY WANDER TOUR), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF WANDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF WANDER ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES, TOUR LOCATIONS, VENDORS AND INVESTORS WILL NOT EXCEED THE FEE FOR THE PARTICULAR WANDER 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). INDEMNIFICATION YOU WILL DEFEND, INDEMNIFY, AND HOLD WANDER AND ITS EMPLOYEES, AGENTS, VENDORS, TOUR LOCATIONS, PARTNERS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR THREATENED SUITS, ACTIONS, PROCEEDINGS (AT LAW OR IN EQUITY), CLAIMS, DAMAGES, PAYMENTS, DEFICIENCIES, FINES, JUDGMENTS, SETTLEMENTS, LIABILITIES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, COSTS, PENALTIES, INTEREST, AND DISBURSEMENTS) ARISING FROM OR RELATED TO ANY CONDUCT WITH RESPECT TO THE SERVICE OR VIOLATION (OR ALLEGED VIOLATION) OF THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY BY YOU OR ANY PERSON USING YOUR WANDER ACCOUNT. THIRD PARTY SOFTWARE THE SOFTWARE YOU DOWNLOAD CONSISTS OF A PACKAGE OF COMPONENTS, INCLUDING CERTAIN THIRD PARTY SOFTWARE PROVIDED UNDER SEPARATE THIRD PARTY LICENSE TERMS. YOUR USE OF THIS THIRD PARTY SOFTWARE IN CONJUNCTION WITH THE APP IN A MANNER CONSISTENT WITH THE TERMS OF THESE TERMS IS PERMITTED, HOWEVER, YOU MAY HAVE BROADER RIGHTS UNDER THE APPLICABLE THIRD PARTY LICENSE TERMS, AND NOTHING IN THESE TERMS IS INTENDED TO IMPOSE FURTHER RESTRICTIONS ON YOUR USE OF THIS THIRD PARTY SOFTWARE. CHANGES TO THE SERVICE WANDER RESERVES THE RIGHT IN OUR DISCRETION TO REVIEW, IMPROVE, CHANGE OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICE AND/OR ANY FEATURES, INFORMATION, MATERIALS OR CONTENT ON THE SERVICE WITH OR WITHOUT PROVIDING NOTICE TO YOU. WANDER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CHANGES OR DISCONTINUANCE OF THE SERVICE OR ANY PART OF THE SERVICE. CONSENT TO ELECTRONIC COMMUNICATIONS BY USING THE SERVICE, YOU AGREE THAT WE MAY COMMUNICATE WITH YOU ELECTRONICALLY REGARDING YOUR USE OF THE SERVICE AND THAT ANY NOTICES, AGREEMENTS, DISCLOSURES OR OTHER COMMUNICATIONS THAT WE SEND TO YOU ELECTRONICALLY WILL SATISFY ANY LEGAL COMMUNICATION REQUIREMENTS, INCLUDING THAT THE COMMUNICATIONS BE IN WRITING. TO WITHDRAW YOUR CONSENT FROM RECEIVING ELECTRONIC NOTICE, PLEASE NOTIFY US AT CONTACT@INCRELABS.COM. SUSPENSION AND TERMINATION WANDER MAY SUSPEND OR TERMINATE YOUR RIGHTS TO ACCESS OR USE THE SERVICE (INCLUDING THE APP) FOR ANY REASON OR FOR NO REASON AT ALL AND WITH OR WITHOUT NOTICE AT WANDER’S DISCRETION. SUSPENSION OR TERMINATION MAY INCLUDE RESTRICTING ACCESS TO AND USE OF THE APP. ALL OF THE TERMS OF THESE TERMS (EXCLUDING THE LICENSE GRANT) WILL SURVIVE ANY TERMINATION OR SUSPENSION. GOVERNING LAW; ARBITRATION PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH WANDER AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WANDER. THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF KOREA, WITHOUT RESORT TO ANY CONFLICT OF LAW PROVISIONS. IN THE EVENT OF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE (INCLUDING, THE APP OR WANDER TOUR), YOU AND WANDER AGREE TO CONSULT AND NEGOTIATE WITH EACH OTHER AND, RECOGNIZING YOUR MUTUAL INTERESTS, TRY TO REACH A SOLUTION SATISFACTORY TO BOTH PARTIES. IF WE DO NOT REACH SETTLEMENT WITHIN A PERIOD OF 60 DAYS, THEN EITHER OF US MAY, BY NOTICE TO THE OTHER DEMAND MEDIATION UNDER THE MEDIATION RULES OF THE REPUBLIC OF KOREA. WE BOTH GIVE UP OUR RIGHT TO LITIGATE OUR DISPUTES AND MAY NOT PROCEED TO ARBITRATION WITHOUT FIRST TRYING MEDIATION, BUT YOU AND WANDER ARE NOT REQUIRED TO ARBITRATE ANY DISPUTE IN WHICH EITHER PARTY SEEKS EQUITABLE AND OTHER RELIEF FROM THE ALLEGED UNLAWFUL USE OF COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND WANDER WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. IF SETTLEMENT IS NOT REACHED WITHIN 60 DAYS AFTER SERVICE OF A WRITTEN DEMAND FOR MEDIATION, ANY UNRESOLVED CONTROVERSY OR CLAIM WILL BE RESOLVED BY ARBITRATION IN ACCORDANCE WITH THE RULES OF THE REPUBLIC OF KOREA. THE LANGUAGE OF ALL PROCEEDINGS AND FILINGS WILL BE ENGLISH. THE ARBITRATOR WILL RENDER A WRITTEN OPINION INCLUDING FINDINGS OF FACT AND LAW AND THE AWARD AND/OR DETERMINATION OF THE ARBITRATOR WILL BE BINDING ON THE PARTIES, AND THEIR RESPECTIVE ADMINISTRATORS AND ASSIGNS, AND WILL NOT BE SUBJECT TO APPEAL. JUDGMENT MAY BE ENTERED UPON THE AWARD OF THE ARBITRATOR IN ANY COURT OF COMPETENT JURISDICTION. THE EXPENSES OF THE ARBITRATION WILL BE SHARED EQUALLY BY THE PARTIES UNLESS THE ARBITRATION DETERMINES THAT THE EXPENSES WILL BE OTHERWISE ASSESSED AND THE PREVAILING PARTY MAY BE AWARDED ITS ATTORNEYS' FEES AND EXPENSES BY THE ARBITRATOR. IT IS THE INTENT OF THE PARTIES THAT, BARRING EXTRAORDINARY CIRCUMSTANCES, ARBITRATION PROCEEDINGS WILL BE CONCLUDED WITHIN 90 DAYS FROM THE DATE THE ARBITRATOR IS APPOINTED. THE ARBITRATOR MAY EXTEND THIS TIME LIMIT ONLY IF FAILURE TO DO SO WOULD UNDULY PREJUDICE THE RIGHTS OF THE PARTIES. FAILURE TO ADHERE TO THIS TIME LIMIT WILL NOT CONSTITUTE A BASIS FOR CHALLENGING THE AWARD. CONSISTENT WITH THE EXPEDITED NATURE OF ARBITRATION, PRE-HEARING INFORMATION EXCHANGE WILL BE LIMITED TO THE REASONABLE PRODUCTION OF RELEVANT, NON-PRIVILEGED DOCUMENTS, CARRIED OUT EXPEDITIOUSLY. FOR ANY DISPUTES THAT ARE NOT HANDLED BY ARBITRATION, YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE LOCAL COURTS LOCATED IN SEOUL, SOUTH KOREA 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 OR THE USE OR THE SERVICE. GENERAL ENFORCEMENT OF THESE TERMS IS SOLELY AT WANDER’S DISCRETION. FAILURE TO ENFORCE ANY PART OF THESE TERMS IN SOME INSTANCES DOES NOT CONSTITUTE A WAIVER OF OUR RIGHT TO ENFORCE THE SAME OR OTHER PART OF THESE TERMS IN OTHER INSTANCES. IF ANY PROVISION OF THESE TERMS IS OR BECOMES UNLAWFUL, VOID OR OTHERWISE UNENFORCEABLE (INCLUDING THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS ABOVE), THEN THAT PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION, AND THE REMAINING PROVISIONS OF THESE TERMS WILL CONTINUE IN FULL FORCE AND EFFECT. AS USED IN THESE TERMS, "INCLUDING" MEANS "INCLUDING (WITHOUT LIMITATION)." THE SECTION HEADINGS THESE TERMS AND ARE FOR REFERENCE PURPOSES ONLY AND WILL NOT AFFECT THE MEANING OR INTERPRETATION OF THESE TERMS. THESE TERMS (AND THE OTHER POLICIES AND TERMS REFERRED TO ABOVE) MAKE UP THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING THE SERVICE, AND THEY SUPERSEDE ANY PRIOR AGREEMENTS THAT MAY HAVE BEEN MADE. WANDER CONTENT POLICY WHAT WANDER IS FOR: WANDER LOVES EVERYTHING INVOLVED WITH TRAVELING. WE WANT YOU TO FREELY USE WANDER TO CHANGE THE WAY YOU EXPERIENCE NEW CITIES AND SHARE YOUR EXPERIENCES WITH YOUR FELLOW TRAVELERS. WHAT WANDER IS NOT FOR: MALICIOUS SPEECH. DON'T ENCOURAGE VIOLENCE OR HATRED. DON’T MAKE VIOLENT THREATS OR STATEMENTS THAT INCITE VIOLENCE, INCLUDING THREATENING OR PROMOTING TERRORISM. ESPECIALLY DON’T DO SO ON THE BASIS OF THINGS LIKE RACE, ETHNIC ORIGIN, RELIGION, DISABILITY, GENDER, GENDER IDENTITY, AGE, VETERAN STATUS, OR SEXUAL ORIENTATION. IF YOU ENCOUNTER NEGATIVE SPEECH THAT DOESN’T RISE TO THE LEVEL OF VIOLENCE OR THREATS OF VIOLENCE, WE ENCOURAGE YOU TO DISMANTLE NEGATIVE SPEECH THROUGH ARGUMENT RATHER THAN CENSORSHIP. THAT SAID, IF YOU ENCOUNTER ANYTHING ESPECIALLY HEINOUS, TELL US ABOUT IT. HARM TO MINORS. BE THOUGHTFUL WHEN POSTING ANYTHING INVOLVING A MINOR. DON'T POST OR SOLICIT ANYTHING RELATING TO MINORS THAT IS SEXUALLY SUGGESTIVE OR VIOLENT. DON'T BULLY MINORS, EVEN IF YOU ARE ONE. BEING A TEENAGER IS COMPLICATED ENOUGH WITHOUT THE ANXIETY, SADNESS, AND ISOLATION CAUSED BY BULLYING. PROMOTION OR GLORIFICATION OF SELF-HARM. DON'T POST CONTENT THAT ACTIVELY PROMOTES OR GLORIFIES SELF-HARM. THIS INCLUDES CONTENT THAT URGES OR ENCOURAGES OTHERS TO: CUT OR INJURE THEMSELVES; EMBRACE ANOREXIA, BULIMIA, OR OTHER EATING DISORDERS; OR COMMIT SUICIDE RATHER THAN, E.G., SEEKING COUNSELING OR TREATMENT, OR JOINING TOGETHER IN SUPPORTIVE CONVERSATION WITH THOSE SUFFERING OR RECOVERING FROM DEPRESSION OR OTHER CONDITIONS. DIALOGUE ABOUT THESE BEHAVIORS IS INCREDIBLY IMPORTANT AND ONLINE COMMUNITIES CAN BE EXTRAORDINARILY HELPFUL TO PEOPLE STRUGGLING WITH THESE DIFFICULT CONDITIONS. WE AIM FOR WANDER TO BE A PLACE THAT FACILITATES AWARENESS, SUPPORT AND RECOVERY, AND WE WILL REMOVE ONLY THOSE GUIDES OR GUIDES THAT CROSS THE LINE INTO ACTIVE PROMOTION OR GLORIFICATION OF SELF-HARM. GORE, MUTILATION, BESTIALITY, OR NECROPHILIA. DON'T POST GORE JUST TO BE SHOCKING. DON'T SHOWCASE THE MUTILATION OR TORTURE OF HUMAN BEINGS, ANIMALS, OR THEIR REMAINS. UPLOADING SEXUALLY EXPLICIT CONTENT. YOU CAN UPLOAD ANYTHING IN A WANDER POST AS LONG AS IT'S LAWFUL AND FOLLOWS OUR OTHER GUIDELINES, BUT PLEASE DON'T USE WANDER'S UPLOAD FEATURE TO UPLOAD SEXUALLY EXPLICIT CONTENT. WE'RE NOT IN THE BUSINESS OF HOSTING ADULT-ORIENTED CONTENT. SPAM. DON'T SPAM PEOPLE. DON'T MAKE SPAMMY GUIDES, DON'T POST SPAMMY REPLIES, DON'T SEND PEOPLE SPAMMY MESSAGES. BE A REGULAR HUMAN. DON'T PUT TAGS ON YOUR GUIDES THAT WILL MISLEAD OR DECEIVE SEARCHERS. FOR EXAMPLE, DON'T OVERLOAD YOUR GUIDES WITH #BARELY #RELEVANT #TAGS. OF COURSE, MEANINGFUL USES OF TAGS ARE ALWAYS FINE (FOR EXAMPLE, IRONIC "PUNCHLINE" TAGS THAT ADD MEANING OR CONTEXT TO A POST). DON'T PUT DUBIOUS CODE IN YOUR GUIDES, LIKE USING JAVASCRIPT TO CAUSE REDIRECTS OR INJECT UNWANTED ADS IN GUIDES. DON'T USE DECEPTIVE MEANS TO GENERATE REVENUE OR TRAFFIC, OR CREATE GUIDES WITH THE PRIMARY PURPOSE OF AFFILIATE MARKETING. SPAM DOESN'T BELONG ON WANDER. MASS REGISTRATION OR AUTOMATION. DON'T REGISTER ACCOUNTS OR POST CONTENT AUTOMATICALLY, SYSTEMATICALLY, OR PROGRAMMATICALLY. COPYRIGHT OR TRADEMARK INFRINGEMENT. RESPECT THE COPYRIGHTS AND TRADEMARKS OF OTHERS. IF YOU AREN'T ALLOWED TO USE SOMEONE ELSE'S COPYRIGHTED OR TRADEMARKED WORK (EITHER BY LICENSE OR BY LEGAL EXCEPTIONS AND LIMITATIONS SUCH AS FAIR USE), DON'T POST IT. INTELLECTUAL PROPERTY IS A TRICKY ISSUE, SO NOW IS AS GOOD A TIME AS ANY TO EXPLAIN SOME ASPECTS OF THE PROCESS WE USE FOR HANDLING COPYRIGHT AND TRADEMARK COMPLAINTS. WE RESPOND TO NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT AS PER OUR TERMS OF SERVICE. PARTIES ASSERTING A TRADEMARK INFRINGEMENT CLAIM SHOULD IDENTIFY THE ALLEGEDLY INFRINGING WORK AND THE LEGAL BASIS FOR THEIR CLAIM, AND INCLUDE THE REGISTRATION AND/OR APPLICATION NUMBER(S) PERTAINING TO THEIR TRADEMARK. EACH CLAIM IS REVIEWED BY A TRAINED MEMBER OF OUR TRUST AND SAFETY TEAM. IF WE REMOVE MATERIAL IN RESPONSE TO A COPYRIGHT OR TRADEMARK CLAIM, THE USER WHO POSTED THE ALLEGEDLY INFRINGING MATERIAL WILL BE PROVIDED WITH INFORMATION FROM THE COMPLAINANT'S NOTICE (LIKE IDENTIFICATION OF THE RIGHTS HOLDER AND THE ALLEGEDLY INFRINGED WORK) SO THEY CAN DETERMINE THE BASIS OF THE CLAIM. WE ALWAYS WANT TO MAKE SURE THERE IS ROOM IN ANY COPYRIGHT OR TRADEMARK COMPLAINT FOR BOTH PARTIES TO MAKE THEIR CASE. WITH REGARD TO COPYRIGHT CLAIMS, THE POSTING USER CAN FILE A COUNTER-NOTIFICATION WITH US, AS DESCRIBED IN OUR TERMS OF SERVICE. COUNTER-NOTIFICATIONS THAT WE DETERMINE TO BE VALID WILL RESULT IN RESTORATION OF THE CONTENT AT ISSUE FOLLOWING THE REQUIRED WAITING PERIOD. WITH REGARD TO TRADEMARK CLAIMS, THE POSTING USER CAN SEND US AN APPEAL EXPLAINING THEIR SIDE OF THE SITUATION, ALONG WITH ANY RELEVANT MATERIALS WE SHOULD LOOK AT. A SUCCESSFUL TRADEMARK APPEAL WILL ALSO RESULT IN RESTORATION OF THE CONTENT AT ISSUE. CONFUSION OR IMPERSONATION. DON'T DO THINGS THAT WOULD CAUSE CONFUSION BETWEEN YOU OR YOUR GUIDE AND A PERSON OR COMPANY. DON'T IMPERSONATE ANYONE. HARASSMENT. DON'T ENGAGE IN TARGETED ABUSE OR HARASSMENT. IF SOMEONE BLOCKS YOU, DON'T ATTEMPT TO CIRCUMVENT THE BLOCK FEATURE OR OTHERWISE TRY TO COMMUNICATE WITH THEM. PRIVACY VIOLATIONS. DON'T USE WANDER TO DECEPTIVELY OBTAIN PERSONAL INFORMATION. DON'T POST CONTENT THAT VIOLATES ANYONE'S PRIVACY, ESPECIALLY PERSONALLY IDENTIFYING OR CONFIDENTIAL INFORMATION LIKE CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS, OR UNLISTED CONTACT INFORMATION. ABSOLUTELY DO NOT POST NON-CONSENSUAL PORNOGRAPHY—THAT IS, PRIVATE PHOTOS OR VIDEOS TAKEN OR POSTED WITHOUT THE SUBJECT'S CONSENT. DISRUPTIONS, EXPLOITS, OR RESOURCE ABUSE. OUR SERVERS, AND THE VALIANT ENGINEERS BEHIND THEM, WORK HARD FOR YOU. DON'T ATTEMPT UNAUTHORIZED USE, DISRUPTION, OR EXPLOITATION OF WANDER OR OUR OTHER PRODUCTS AND SERVICES, OR OTHERWISE ABUSE WANDER'S RESOURCES. UNLAWFUL USES OR CONTENT. DON'T USE WANDER TO CONDUCT ILLEGAL BEHAVIOR, LIKE FRAUD OR PHISHING. THAT SHOULD BE PRETTY OBVIOUS TO YOU, A DECENT HUMAN BEING. IF WE CONCLUDE THAT YOU ARE VIOLATING THESE GUIDELINES, YOU MAY RECEIVE A NOTICE VIA EMAIL. IF YOU DON'T EXPLAIN OR CORRECT YOUR BEHAVIOR, WE MAY TAKE ACTION AGAINST YOUR ACCOUNT. WE DO OUR BEST TO ENSURE FAIR OUTCOMES, BUT IN ALL CASES WE RESERVE THE RIGHT TO SUSPEND ACCOUNTS, OR REMOVE CONTENT, WITHOUT NOTICE, FOR ANY REASON, BUT PARTICULARLY TO PROTECT OUR SERVICES, INFRASTRUCTURE, USERS, AND COMMUNITY. WE RESERVE THE RIGHT TO ENFORCE, OR NOT ENFORCE, THESE GUIDELINES IN OUR SOLE DISCRETION, AND THESE GUIDELINES DON'T CREATE A DUTY OR CONTRACTUAL OBLIGATION FOR US TO ACT IN ANY PARTICULAR MANNER. ENFORCEMENT OF WANDER'S CONTENT POLICY OUR TEAM REVIEWS USER REPORTS FOR POLICY VIOLATIONS. IF THE USER DOES NOT VIOLATE OUR POLICIES, WE WILL NOT TAKE ANY ACTION AGAINST THE USER. IF WE FIND THAT THE USER DOES VIOLATE OUR CONTENT POLICIES, WE TAKE ONE OR MORE OF THE FOLLOWING ACTIONS BASED ON THE SEVERITY OF THE VIOLATION: -DELETE THE OFFENDING OR PROBLEMATIC CONTENT -REMOVE AND BAN THE USER FROM WANDER SERVICES -REPORT THE USER TO LAW ENFORCEMENT