This agreement has been written in English (US). In the event that any translated version of this agreement conflicts with the English version, the English version controls. This Statement outlines the rights and responsibilities of Wander Girl, LLC, hence forth known as “Wander Girl,” “us,” or “we’” and outlines our Terms of Service and Data Policy. Please note that Section 15 contains certain changes to the general terms for users outside the United States.
Date of creation: August 24, 2018.
Statement of Terms of Service Overview
This Statement of Terms of Service (“Statement” or “Terms”) derives from the Wander Girl’s focus and principles, and is our terms of service that governs our relationship with users, contributors and others who interact with Wander Girl, which includes Wander Girl Groups. By using our Platform or accessing the Wander Girl Groups, you agree to this Terms of Service, as updated from time to time in accordance with Section 12 below.
As Wander Girl develops and provides more Services, we may ask you to review and accept supplemental Terms that apply to your interaction with a new, or specific, product, or service. In the event that those supplemental terms conflict with this Statement, the supplemental terms associated with the product, or service govern with respect to your use of such product or service to the extent of the conflict. We will work to prevent such conflicts, and if they do ever occur, please notify us so that we can remedy those specific conflicts.
1. Membership and Requirements
1.1 Wander Girl will be a woman only niche social network, and membership with Wander Girl is restricted to females only. With this in mind, Wander Girl welcomes women of all ethnicities, religions, faiths, sexual orientations, and countries of origin, and strives to create a safe and welcoming environment where all women can come together, meet new people, try new experiences, and live a fulfilling life.
1.2 Discrimination of any of Wander Girl’s members will not be tolerated, and Wander Girl reserves the right to suspend or revoke the membership of any member that engages in discriminatory practices. Wander Girl is intended to be a welcoming and supportive environment, and discrimination goes against our core values.
1.3 Wander Girl reserves the right to conduct a basic background check of members with the personal information provided by members purely for the purpose of confirming a member’s identity. The purpose of this background check is so that we can better provide as safe and secure an environment as possible for Wander Girl’s members to grow and thrive in.
2.1 Wander Girl is dedicated to bringing women together and our Groups are a critical aspect of this focus. Any member (Member, Contributor, or Advertiser) my form a group, but all persons must adhere to the rules laid out in the following paragraphs.
2.1.1 Member Groups: Standard members may form an open or closed (closed meaning that the creator’s/moderator’s permission must be granted prior to admission) group focused on interests, travel, activities, or geographic location. The specific focus of the group can be determined by the group’s creator, and that focus may grow as the group develops. It is crucial that a group’s founder accurately identify applicable group parameters so that members looking for groups with interests similar to theirs can easily find them.
2.1.2 Contributor Groups: Contributor groups must be open groups so that members with similar interests may gain knowledge from and interact with relative professionals in a given area of travel, activity, or general interest. These groups should focus on sharing experiences and knowledge based on their personal area of expertise. If an advertiser is paired up in a contributor’s group, it is designed to provide customized products or services geared towards the focus of that contributor’s group, and will be as noninvasive as possible.
220.127.116.11 Note that while membership in Wander Girl is restricted to women, we may have male contributors based on specialized knowledge or skill sets. We strive to provide female contributors in every area whenever possible, but we do not want to deny our members with the best information available due to our inability to find female contributors. If a member knows of a potential female contributor in a specified field, please notify Wander Girl. If you do choose to refer a potential contributor to Wander Girl, Section 4, paragraph 4 applies.
2.1.3 Business Groups: Wander Girl encourages advertisers to form Business Groups for the purpose of providing specialized information and recommendations to our members as potential customers. Business Groups are designed to provide the personal interaction between a potential business and likely customers. We support developing a personal relationship between our members and small businesses because it fosters the types of long term relationships vital to the growth of small businesses and the types of service we at Wander Girl wish to help foster.
18.104.22.168 Note that joining an advertiser’s Group creates no requirement to engage in any type of financial transaction of a product or service. While membership in Wander Girl is restricted to women and we go out of our way to find female owned small businesses to partner with, we will allow businesses to advertise with us that are male owned so that we can provide our members with the most comprehensive information and options possible. Additionally, if a member knows of a potential female contributor in a specified field, please notify Wander Girl. If you do choose to refer a potential contributor to Wander Girl, Section 4, paragraph 4 applies.
2.2 Wander girl encourages membership in Groups to bring people together in both the virtual world as well as the real world. While we work to ensure that our members provide accurate personal information, we cannot guarantee people will represent themselves in an honest and truthful manner. Because of this, Wander Girl’s members must conduct their due diligence to ensure they are safe when physically meeting other members for activity or travel-based interactions with other members.
3. Privacy and Personal Data
3.1 Your privacy and the protection of your personal information/data is of the utmost importance to us. Wander Girl will never voluntarily share any of your personal data or content with any outside entities. We have set up Wander Girl so that you control who sees the information that you post and share to the best of our abilities. We do not collect or use your personal data out of respect for our members. While we do not own the information that you upload or post on Wander Girl, we may use some personal information in the express manner described in Section 4.1.2.
3.2 We may use our members interests and general location so that we can provide our members with relevant advertising. If an advertiser provides a relevant product or service based on a members’ interests, we will provide that advertising to members. With this in mind, Wander Girl will never provide advertisers, or any other outside entity, with any members personal information beyond what they choose to display in their Homepage.
4. Usage of Your Content and Information
4.1 You own all of the content and information you post on Wander Girl, and you can control how it is shared through your settings. In addition:
4.1.1 For content posted on Wander Girl that is covered by intellectual property rights, like photos and videos (IP content), you specifically provide Wander Girl the following permission, subject to your privacy settings: you grant us an exclusive, non-transferable, royalty-free, license to use any IP content that you post publically on Wander Girl (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. This license will be used to operate, improve, and promote Wander Girl.
4.1.2 When you delete IP content, it will be deleted from our servers and data bases as efficiently as possible. With this process in mind, you understand that deleted content may persist our hosts’ servers in backup copies for a reasonable period of time (but will not be available for Wander Girl’s members or staff).
4.1.3 When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Wander Girl, to access and use that information, and to associate it with you (i.e., your name and profile picture). This can result in your name and profile picture appearing in search results made via Google, Yahoo, etc.
4.1.4 We appreciate your feedback, suggestions for site improvement, new contributors or topics or any other suggestions regarding Wander Girl. However, if you choose to provide feedback or suggestions, Wander Girl has no obligation to compensate you for them, just as you are not obligated to offer them. Improvements or changes made based on member suggestions are done for the good of the Wander Girl community.
5.1 We will always do our best to keep Wander Girl safe to meet new people, try new activities, and live life to the fullest, but we cannot guarantee it. We need your help to keep Wander Girl’s community safe, and this includes the following commitments by you as a member:
5.1.1 You will never collect users’ content or information, or otherwise access Wander Girl, using automated means including, but to limited to, such as harvesting bots, robots, spiders, scrapers, etc.
5.1.2 You will never use Wander Girl to do anything unlawful, misleading, malicious, discriminatory, or nefarious.
5.1.3 You will never bully, intimidate, or harass any user for any reason.
5.1.4 You will never post unauthorized commercial communications (such as spam or “fake news”) on Wander Girl.
5.1.5 You will never upload viruses or other malicious code.
5.1.6 You will never engage in pyramid schemes or other unlawful multi-level marketing on Wander Girl.
5.1.7 You will never solicit login information or access an account belonging to someone else.
5.1.8 You will never post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
5.1.9 You will never do anything that could disable, overburden, or impair the proper working or appearance of Wander Girl, such as a denial of service attack or interference with page rendering or other Wander Girl functionality.
5.1.10 You will never facilitate or encourage any violations of this Terms of Service or our policies.
5.2 Any violation of these Safety policies may result in suspension of your membership, and may result in termination of your member ship for a single offence depending upon the severity of the violation.
6. Registration and Account Security
6.1 Wander Girl users are required to provide their real names and information, and we need your help to keep it that way. Here are some commitments you must make to Wander Girl regarding your registration and maintaining the security of your account:
6.1.1 You must be a female to register and be accepted as a member of Wander Girl.
6.1.2 You will not join or use Wander Girl if you are under 18.
6.1.3 You will not provide any false personal information on Wander Girl, or create an account for anyone other than yourself without permission.
6.1.4 You will not create more than one account.
6.1.5 If we remove, or otherwise disable your account, you will not create another one without Wander Girls’ express permission.
6.1.6 You will not use your personal timeline for your own commercial gain, and must register with, and be accepted by Wander Girl as a contributor or advertiser if any personal content is geared towards achieving commercial gain or profit.
6.1.7 You are never allowed to use Wander Girl if you are a convicted sex offender.
6.1.8 You will keep your contact information accurate and up-to-date.
6.1.9 You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account or the safety of Wander Girl’s community.
6.1.10 You will not transfer your personal, contributor, advertising or business account to anyone without first receiving Wander Girls written permission.
6.1.11 If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
7. Protecting Other People’s Rights
7.1 We respect the rights of Wander Girls members and of all people, and we expect you to do the same.
7.1.1 You will not post content or take any action on Wander Girl that infringes or violates someone else’s rights, is discriminatory in nature, or otherwise violates the law.
7.1.2 We reserve the right to remove any content or information you post on Wander Girl if we believe that it violates this Statement or our policies.
7.1.3 If we remove your content for infringing someone else’s copyright or IP content, and you believe we removed it by mistake, we will provide you with an opportunity to appeal the decision. Contact us and we will address your appeal as efficiently as we can.
7.1.4 If you repeatedly infringe other people’s intellectual property rights, Wander Girl will disable your account when appropriate, and possibly ban you from re-registering.
7.1.5 You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by Wander Girl with our prior written permission.
7.1.7 You will not post anyone’s personal identification documents or any personal or professional financial information on Wander Girl for any reason.
8. Mobile and Other Devices
8.1 Wander Girl currently provides a mobile version of the web site for free, but please be aware that your carrier’s normal rates and fees, such as data charges or text messaging, will still apply.
8.2 You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Wander Girl.
9.1 If you make a purchase or any other payment on Wander Girl, it will be made via PayPal, and will use PayPal’s express Terms of Service, unless it is stated that other terms apply.
10. About Advertisements and Other Commercial Content Served or Enhanced by Wander Girl
10.1 Our goal is to deliver advertising and contributor content that is valuable to our members and advertisers. In order to help us do that, you agree to the following:
10.1.1 You give Wander Girl permission to place advertisements on your personal or group page based on the interests, activities, travel interests, etc. The purpose of this is to provide you with relevant and valuable advertisements for products and services based on member interests or location. You may choose to give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This will only occur with your express permission, and we may contact you to acquire such permission.
10.1.2 Wander Girl will never give your personal content or information to advertisers without your express consent.
10.1.3 You understand that Wander Girl may not always identify paid services and communications as such.
11. Special Technical Provisions
11.1 You will not copy, modify, create derivative works of, decompile, or otherwise attempt to extract source code from, or attempt to negatively affect Wander Girl for any reason.
12.1 Wander Girl will notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
12.2 If we make changes to policies, guidelines or other terms referenced in or incorporated by this Terms of Service, we may provide notice on the Terms of Service page or applicable pages as they develop.
12.3 Your continued use of the Wander Girl Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
13.1 If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for Wander Girl, we reserve the right to terminate your membership and ban you from re-joining Wander Girl. If this is the case, will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Statement shall terminate, but applicable sections regarding information still apply.
14.1 You will resolve any claim, cause of action or dispute (claim) you have with Wander Girl relating to, or arising out of this Statement or Wander Girl exclusively in the U.S. District Court for the District of Nevada or a state court located in Washoe County or the city of Reno, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Nevada will govern this Statement, as well as any claim that might arise between yourself and Wander Girl, without regard to conflict of law provisions.
14.2 If anyone brings a claim against Wander Girl related to your actions, content or information on Wander Girl, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Wander Girl and are not responsible for the content or information users transmit or share on Wander Girl. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Wander Girl. We are not responsible for the conduct, whether online or offline, of any user of Wander Girl.
14.3 WE TRY TO KEEP WANDER GIRL UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING WANDER GIRL AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT WANDER GIRL WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT WANDER GIRL WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WANDER GIRL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: 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. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR WANDER GIRL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR WANDER GIRL WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, WANDER GIRL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Special Provisions Applicable to Users Outside the United States
15.1 We are currently restricting our membership within the United States and Canada. In such an instance, the following provisions apply to users and non-users who interact with Wander Girl outside the United States:
15.1.1 You consent to having your personal data transferred to, stored, and processed by servers outside the United States.
16.1 If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Wander Girl, LLC. References to “us,” “we,” and “our” mean Wander Girl, LLC.
16.2 This Statement makes up the entire agreement between the parties regarding Wander Girl, and supersedes any prior agreements.
16.3 If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
16.4 If we fail to enforce any of this Statement, it will not be considered a waiver.
16.5 Any amendment to or waiver of this Statement must be made in writing and signed by Wander Girl’s owners.
16.6 You will not transfer any of your rights or obligations under this Statement to anyone else without Wander Girl’s express consent.
16.7 Nothing in this Statement shall prevent us from complying with the law.
16.8 This Statement does not confer any third-party beneficiary rights.
16.9 We reserve all rights not expressly granted to you.
16.10 You will comply with all applicable laws when using or accessing Wander Girl.
By “Wander Girl” or” Wander Girl Services” we mean the features and services we make available, including through (a) our website at www.mywandergirl.com and any other Wander Girl branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a menu or toolbar), devices, or networks now existing or later developed. Wander Girl reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
By “information” we mean facts and other information about you, including actions taken by members and non-members who interact with Wander Girl.
By “content” we mean anything you or other members post, provide or share using Wander Girl Services.
By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Wander Girl or provide to Wander Girl through our Platform.
By “post” we mean post on Wander Girl or otherwise make available by using Wander Girl.
By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “application” we mean any application or website that uses or accesses our Platform, as well as anything else that receives or has received data from us. If you no longer access our Platform but have not deleted all data from us, the term application will apply until you delete the data.