Terms and Conditions

 

Sonders & Beach Master Use Terms and Conditions

 

Sonders & Beach US Corporation (“Sonders & Beach,” “we,” or “us”) provides its registered users (“User”, “you”) our travel-related online service through mobile software applications (each application, an “App”) available at https://itunes.apple.com/it/app/wimbify-lgbt-travel-app/id1012161666?mt=8 (“Site”). The Sonders & Beach Apps and Site are collectively referred to herein as the “Service”. This Master Use Terms and Conditions along with the Additional Terms (defined below), as such terms and policies may be updated from time to time (collectively, the “Terms”, governs your use of the Apps and the Site).

By downloading an App, visiting the Site or otherwise accessing or using the Service, you agree that you have read, understood, and agree to be bound these the Terms. If you do not agree, you may use the Service.

Use of the Service

You are solely responsible for the use of the Service. By using the Service you acknowledge that your use of the Service is solely at your own risk. Your use of the App or any other downloadable software components provided by Sonders & Beach is subject to these Terms and any Additional Terms provided by us.

Additional Terms

In addition to these Terms, the following additional terms apply to your use of the Service. By using Service, you agree to be bound by these additional terms (including any age restrictions applicable to use of a particular App or feature of the Service), as applicable, which are incorporated herein by reference (collectively the “Additional Terms”):

  • Privacy Policy, which describe our policies with respect to the collection, use, and disclosure of personal information from you; and
  • EULA, which governs your use of our App;
  • Any additional terms or conditions we may supply from time to time.

In the event of a conflict between the terms and condition in this document and the terms in any of the Additional Terms, the Master Use Terms and Conditions will control.

Account Information & Responsibilities of Registered Users

In order to use our Service, you are required to register as a User of our Service by setting up a Sonders & Beach account or through your facebook account.

In order to register as a User, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. If you register as a Sonders & Beach User, you will receive an account and you will be allowed to save and personalize Sonders & Beach content, and post ratings and user reviews. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You will be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. Sonders & Beach is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your account by email to app@wimbify.com. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN LOSSES OR LOSSES INCURRED BY SONDERS & BEACH AND OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT. You may cancel your account at any time.

If you violate the Terms herein, we may, at our sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that we believe is appropriate.

Reviews Are Owned by Sonders & Beach

Any and all Content that you provide for commenting (“Reviews“) on the Service shall be owned exclusively and in perpetuity by Sonders & Beach. Such exclusive ownership means that Sonders & Beach and its affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. We are under no obligation to give credit or pay any consideration to you for your Reviews.

Limited License; Personal, Business, and Non-Commercial Use Limitation

As a registered User, you are hereby granted a non-exclusive license to access and use the content on our Service, but only while accessing the Service. You are also granted a limited license to print copies of any content posted on the Service, but only for your personal use within the Service. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the App, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use by you of any of the content for profit is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited.

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the Service.

Permission to use the Service terminates automatically if you breach any of the terms and conditions of this Agreement.

You agree that you are only authorized to visit, view, and retain a copy of pages of our Service for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the Service for any commercial use, or for any purpose other than as described in this Agreement. You also agree not to deep-link to any of our Service for any purpose, unless specifically authorized by Sonders & Beach.

Third Party Services

From time to time, Sonders & Beach uses services provided by persons or entities other than us (“Third-Parties“). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third-Parties site, you do so at your own risk. Any link from our App or Site to a Third-Party website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party websites to which you might link from our App or Site, or which may download or connect with through our Site or App. If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.

Posting Content on Our Service

Sonders & Beach reserves the right, but not the obligation, to refuse to post or to remove any User generated content if it contains or features any of the following unacceptable content:

1) Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech (e.g., racist/discriminatory speech);

2) References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., food poisoning, foreign objects in food, etc.);

            3) Messages commenting on other users;

            4) Content that contains personal attacks or describes physical confrontations and/or sexual harassment;

5) Content that are advertising or are commercial in nature, or that are inappropriate based on the applicable subject matter;

6) Language that violates the standards of good taste or the standards of this Mobile Application, as determined by Sonders & Beach in its sole discretion.

7) Content determined by Sonders & Beach to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity;

8) Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;

9) Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data, or personal information.

Reporting

If you see objectionable content or have any questions about these Terms, please contact Sonders & Beach at app@wimbify.com.

Offline Conduct

Although Sonders & Beach cannot monitor the conduct of its users off the Service, it is a violation of the Terms to use any information obtained from our Site or App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

 

Unauthorized Use of the Service

Illegal and/or unauthorized uses of the Service, including, but not limited to, unauthorized framing of or linking to the App or unauthorized use of any robot, spider, or other automated device on the App, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Violation of the Terms

You agree that monetary damages may not provide a sufficient remedy to Sonders & Beach for violations of the Terms herein and/or the Additional Terms, and you consent to injunctive or other equitable relief for such violations.

DISCLAIMERS AND LIMITATIONS

(a)        Disclaimer. THE SONDERS & BEACH MOBILE APPLICATION CONTAINS, FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. SONDERS & BEACH MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURED, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SONDERS & BEACH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

(b)        Limitations. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SONDERS & BEACH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. No arbitration or other claim under this Agreement may be brought by either party against the other more than one (1) year after the cause of action arises. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason of any event beyond its reasonable control, including any act of God, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications.

(c)        Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SONDERS & BEACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SONDERS & BEACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF SONDERS & BEACH TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO FIVE (5) DOLLARS.

Indemnity

You agree to indemnify, defend, and hold harmless Sonders & Beach, its agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of the Terms herein, or any warranty you provide herein, or otherwise arising in any way out of your use of the Service. Sonders & Beach reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Sonders & Beach in asserting any available defenses.

 

Changes to this Agreement

Sonders & Beach reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement, the Service and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of our Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of the Service.

Modification/Termination of Service

In the event of termination, you will still be bound by your obligations under the Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Sonders & Beach shall not be liable to you or any third-party for any termination of your access.

Dispute Resolution.

YOU AND SONDERS & BEACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sonders & Beach agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Miscellaneous.

(a) Governing Law. These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents regardless of your country of origin or where you access the Services, and without regard to conflict of law principles or the United Nations Convention for the International Sale of Goods.

(b) Jurisdiction and Venue. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Sonders & Beach agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for the purpose of litigating all such claims or disputes.

(c) Entire Agreement. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and Sonders & Beach, and supersedes any and all prior agreements, negotiations, or other communications between you and Sonders & Beach, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties.

(d) Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.

(e) Compliance with Laws. You agree to abide by all applicable laws in your use of the Service, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions.

(f) Assignment. You may not assign these Terms without the prior written consent of Sonders & Beach, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. Sonders & Beach may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns.

(g)  Waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Sonders & Beach’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.

  1. h) Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

California Resident Privacy Rights

From time to time, Sonders & Beach may share your personal information to third parties who are not affiliated to Sonders & Beach for marketing purpose. If you a California resident, the state’s privacy law allows you to opt-out such sharing of your personal information. If you choose to opt-out, you may notify us by sending us with your selection to app@wimbify.com or via fax to +1 415-757-3499, or to send your request to us at: Sonders&Beach US Corp, 201 Spear Street, Suite 1100 – San Francisco, CA 94105.

Effective as of [February, 2015]

Last Updated on [April, 2016]