Welcome to the Terms of Service for the WannaTravel website. This is an agreement (“Agreement”) between WannaTravel, LLC (“WannaTravel”), the owner and operator of WannaTravel.com (the “Site”), and you (“you” or “your” or “user(s)”), a user of the Site and the service (“Service”) provided by the Site.
Throughout this document, the words “WannaTravel,” “us,” “we,” and “our,” refer to our company, WannaTravel, LLC and our website, WannaTravel.com our Service, WannaTravel, as is appropriate in the context of the use of the words. Your ability to submit or transmit any information through our Site or Service will be referred to as “Content” throughout this Agreement.
WannaTravel is a travel exploration site which allows a user to search travel destinations. We help travelers and travel experts find and catalog interesting places or destinations in the regions of their choice through our Service. Additionally, we offer large database of attractions, resorts, and other travel related resources that users may find interesting and exciting.
Our Service is to be used for general planning and travel exploratory purposes. Although we strive to provide the most accurate destination depictions and information possible, we cannot guarantee such accuracy or that any use of our Service will result in any desired results for you. In some instances we may use third party data which we believe is generally accurate, but which may contain errors. Please do not rely on our Service at the risk of your safety or the safety of others. You understand that Service does not show what is actually taking place in front of you. Any photos or messages are merely visualizations of data from our Service, and may not reflect actual circumstances.
By posting Content you represent and warrant that such Content is accurate to the best of your knowledge and does not contain anything that is unlawful, defamatory, obscene, invasive, threatening, harassing, offensive or indecent or that violates the Terms of Service. You alone are responsible for your Content, and once published, it cannot always be withdrawn. You assume all risks associated with your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by WannaTravel.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WannaTravel with respect thereto, and agree to indemnify and hold WannaTravel, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
We may use your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against WannaTravel and its users any claims and assertions of moral rights or attribution with respect to your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your Content.
If you reside in the EU or other countries that recognize unalienable moral rights, you grant us the broadest license that is legally allowed under the applicable law.
By submitting any Content to our Service you understand that this Content may be viewable by the public. You agree that you are solely responsible for any Content or information posted. Therefore, it is recommended that any Content you store or submit to our Service be tasteful and up to community standards.
When using our Service, you are responsible for your use of WannaTravel, and for any use of WannaTravel made using your device. You also agree that your use of WannaTravel is for personal non-commercial use. You agree not to access, copy, or otherwise use WannaTravel, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by WannaTravel. Examples of inappropriate uses of WannaTravel include but are not limited to:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but WannaTravel reserves the right to suspend or terminate any account at any time without notice or explanation.
We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the site will work as advertised, or that it will give you the desired results.
WannaTravel is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, or federal laws regarding your use of our Site and Service. Service is void where prohibited.
The design of the WannaTravel Service along with WannaTravel created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to WannaTravel, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. WannaTravel reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.
Our Site and Service are offered “as-is”, including any errors, bugs or other technical issues. You agree that while using our Site and Service, your results may vary and you may not achieve any desired results. We expressly disclaim all warranties either express or implied. Our Site and Service may not be fit for a particular purpose and may not work or be applicable where you reside. We make no representations or warranties as to the reasonable skill and care invested in our Site or Service, satisfactory quality of our Site or Service, merchantability of our Site or Service or that our Site or Service is non-infringing. Furthermore, we do not warrant that the functions contained in the Site or Service will meet any requirements or needs you may have, that the Site or Service will operate error free or in an uninterrupted fashion, that any defects or errors in the Site or Service will be corrected, or that the Site or Service is compatible with any particular platform. WannaTravel is not obligated to provide you access to our Site and Service. In the event of any problem with the Site or Service, you agree that your sole remedy is to cease using the Site or Service.
In no event shall WannaTravel, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from (i) your use or inability to use the software, website, or our services errors, mistakes, or inaccuracies of content, (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site or Service, (iii) any interruption, misinformation, incomplete information, or cessation of transmission to or from our software to you, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Site or Service by any third party, (v) any failure of any third party information listed on our Site and Service, including any inaccuracies, failures or disruptions whether intentional or unintentional or (vi) any errors or omissions in our Site or Service for any loss or damage of any kind incurred as a result of your use of our Site or Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver of liability that conflict with the above then our liability is limited to the greatest extent possible by law. Specifically, to the extent that an applicable jurisdiction requires it, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor, you hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our software is contingent on your agreement with this and all other sections of this agreement. You agree that to the extent that the disclaimers of our liability contained in this agreement are determined to be unenforceable and we are determined to be liable to you, our total liability to you shall be limited to no more than US$100.00 or the total amount we received from you in connection with your use of our Site, App, and Service within the last six months, whichever is greater.
You agree to defend, indemnify and hold harmless WannaTravel, LLC its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the WannaTravel Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
At WannaTravel we allow users to create Content which is user-generated and respect the fundamental right to speak freely. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently upload their Content to our Service, we are not liable for any defamatory Content posted on our website if published by a third party. We are a passive service that only hosts Content generated by users; we do not alter or produce any Content submitted. Although we may choose to edit or delete any clearly defamatory or illegal Content, we are not required to, and we reserve all defenses for such Content made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws of the European Union, any other foreign country, the United States or any state.
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please fill out this form or send us a message which contains:
You must sign this notification and send it to our Copyright Agent, or by mail to Agent of (address). Although, the EU does not have a formalized copyright notification procedure, please use the procedure set forth above if you are a resident of the EU.
WannaTravel and its Services may only be used by persons 13 years and older. If you are under 13 please stop using our Site and please do not submit any information to us. By using our Site, you represent and warrant that you are at least 13 years old.
This Agreement shall be governed by the laws in force in the state of Colorado. The offer and acceptance of this contract is deemed to have occurred in the state of Colorado.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Denver, Colorado and you irrevocably consent to the venue of such court and submit to its jurisdiction over you.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are 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, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement 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 this Agreement are deemed to conflict with each other’s operation, WannaTravel shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate or suspend service, your account without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Cancellation may result in the immediate deletion of any Content that you have submitted to WannaTravel. Although, your Content may not be accessible we may keep such Content for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our absolute discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
The communications between you and WannaTravel use electronic means, whether you visit the Site or Service or send WannaTravel e-mails, or whether WannaTravel posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from WannaTravel in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that WannaTravel provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about WannaTravel must be addressed to our agent for notice and sent via certified mail to: Agent of WannaTravel (Address).
Lastly, California users are also 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 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.