The effective date of this Agreement is Sep 25, 2014.
Every company has a set of legally binding terms that people using their service must follow. These are ours.
1. Using the Journesia Service
No one under the age of thirteen (13) may use the Journesia Service or provide any information to Journesia, or to anyone else through the Journesia Service, including name, address, telephone number, and email address. You may only access or use the Journesia Service if you are able to form a legally binding contract with Journesia that is in compliance with this Agreement and all applicable laws. By using the Journesia Service, you represent that you have the legal right and capacity to enter into this Agreement in your jurisdiction.
You can only use Journesia if you are over thirteen years old and capable of entering into a legal agreement with us.
The information you provide upon registration for the Journesia Service, and all other information you submit to the Journesia Service at any time, must be accurate, true, current and complete at all times. The username on your Journesia account must not be the name or trademark of another person or entity that is not lawfully available for use or that you are not authorized to use, and it must not be otherwise offensive, vulgar or obscene. We also reserve the right to force forfeiture of any username for any reason. You are responsible for maintaining the confidentiality and safeguarding the password you use to access the Journesia Service and are solely responsible for all activities or actions resulting from the use of your password and conducted through your Journesia account. You agree that Journesia cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
To use Journesia you need to create your own account without violating other people’s rights or being offensive. We can take away your account if you misbehave. You are responsible for keeping your account safe and we aren’t responsible if it’s misused.
c. Our license to you
Subject to this Agreement and our policies, we grant you a worldwide, royalty-free, non-exclusive, non-transferable and revocable license for the sole purpose of enabling you to use and enjoy the Journesia Service.
You can use Journesia if you agree to follow our Terms and Policies.
d. Acceptable Use Policy
Journesia is designed for you to discover and share places that mean something to you. You agree that you will not use the Journesia Service for any purpose that is unlawful or prohibited by these terms, or any other purpose not reasonably intended by Journesia. You further agree to only use the Journesia Service in a manner that is consistent with the following policies.
Regarding your Content:
You are solely responsible for any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or other materials (taken together, “Content”) that you submit, post or share on Journesia. You are entirely responsible for the content of, and any harm resulting from, that Content. You agree and acknowledge that Journesia is not responsible for, and does not endorse any Content posted on or through the Journesia Service.
You must not post any Content that is sexually explicit, nude, partially nude, pornographic, hateful, violent, harmful, abusive, discriminatory, offensive, unlawful, infringing, invasive of privacy or publicity rights, harassing, humiliating to other people, threatening or otherwise objectionable.
You must not post Content that is fraudulent, misleading or deceptive.
You must not post Content that seeks to harm or exploit minors by exposing them to inappropriate content.
You must not post Content for which you do not have authorization to use or that infringes others’ Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights. You agree that you will respect the copyright, trademark and trade secret rights of others.
You are solely responsible for your Content, which can’t include nudity or other offensive or fraudulent material, nor can it infringe on the rights of others. So be cool, baby.
Regarding your conduct:
You are solely responsible for any activity that occurs through your account, for your conduct on the Site, and you agree not to sell, transfer, license or assign your account, username, or any account rights.
You must not threaten other Users with violence or otherwise abuse, harass, stalk, bully, impersonate or intimidate any person or entity.
You must not engage in any activity on or through the Journesia Service that may create risk or harm, loss, physical or mental injury or illness, emotional distress, death, disability or disfigurement to yourself, to others, or to any animal, and you must not create a risk of any other loss or damage to any person or property.
You must not post or solicit confidential, private or personally identifying information, including, without limitation, login credentials of other Journesia Users, credit card information, social security or alternate national identity numbers, or non-public contact information.
You must not create or submit any form of commercial or harassing communications (“spam”), including, but not limited to, any unwanted or unauthorized e-mail, comments, advertising messages, promotional materials, junk mail, chain letters, malicious code or other form of solicitation. In addition, you must not use deceptive links or tags or otherwise mislead other Users about Content you have posted.
You must not use unauthorized means, including, but not limited to, automatic, systematic or programmatic means such as scripts, spiders, robots, crawlers, data mining tools or the like, to search or access the Journesia Service, to create accounts on the Journesia Service, or to scrape, download, upload, post, repost or otherwise use Content on the Journesia Service.
You must not use the Journesia Service for any illegal or unauthorized purpose or post Content that violates, or encourages any conduct that violates, laws or regulations.
You must not use the Journesia Service to engage in phishing or fraud.
You must not change, modify, adapt, alter, mirror, or frame the Journesia Service, or falsely imply that another website is associated with the Journesia Service or Journesia by changing, modifying, or adapting that website, without our express written consent.
You must not impersonate or misrepresent others’ or your affiliation with any person or entity in a deceptive way.
You are solely responsible for your interactions with other Users of the Journesia Service, whether online or offline. You agree that Journesia is not responsible or liable for the conduct of any User. However, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
You agree to be a good Journesia citizen, because your mother taught you to treat others like you’d want to be treated. You’re responsible for your account and what happens because of its use.
Regarding automated use:
You agree that you will not access or search, or attempt to access or search, the Journesia Service by any means other than our currently available, published interfaces, pursuant to our terms and conditions.
You agree that you will not access, tamper with, or use non-public areas of the Journesia Service, the Journesia computer systems, or the technical delivery systems of our providers.
You agree that you will not attempt to probe, scan, or test the vulnerability of any Journesia system or network or breach any security or authentication measures.
You agree that you will not bypass, avoid, remove, deactivate, impair, descramble or otherwise circumvent any measures we may use to prevent or restrict access to the Journesia Service or to protect the Journesia Service or Content.
You agree that you will not disrupt or interfere with, or attempt to disrupt or interfere with, the access of any User, host or network, the proper working of the Site, or any activities conducted on the Site, including, but not limited to, by transmitting viruses, worms, spyware, malware, code of a destructive or disruptive nature, or by overloading, flooding, spamming or mail-bombing the Journesia Service.
You agree that you will not take any action that imposes or may impose, in our sole discretion, an unreasonable large load on our infrastructure.
You agree that you will not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Journesia Service.
You agree that you will not alter or interfere with the way the Journesia Site is rendered or displayed on a User’s device or browser, including, but not limited to, injecting content or code into any Journesia page.
You agree not to use Journesia other than through our official products. You also agree not to hack us or steal our code, or otherwise mess with us. Peace, brothers and sisters.
c. Account termination and suspension
We may permanently or temporarily terminate or suspend your Journesia account, with or without prior notice or liability to you, for no reason or any reason, including if, in our sole determination, you violate the letter or spirit of this Agreement or our policies, or otherwise create risk or possible legal exposure for Journesia. Following termination or deletion of your account, we may retain your account information and Content for a commercially reasonable time for backup, archival and/or audit purposes.
We have the right to take away accounts to protect Journesia from evil people.
d. Service changes and limitations
The form and functionality of the Journesia Service may change frequently and without prior notice to you. We retain the right, in our sole discretion, at any time, without notice or liability, to limit your access or refuse access to parts or all of the Journesia Service. We are not liable for any modification, suspension, or discontinuation of any or all of the Journesia Service, including, but not limited to, the availability of any product, feature, database or Content.
Although it is our intention for the Journesia Service to be available as much as possible, from time to time the Journesia Service may be interrupted, including, without limitation, for maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Journesia continues to evolve and all or part of it may be unavailable due to a variety of reasons. But, obviously, we’re pros so you can generally expect only the good life from us.
We take no responsibility and assume no liability for any Content that you or any other User or third party posts or transmits using the Journesia Service. We do not have any obligation to prescreen, monitor, edit or remove any Content and you understand and agree that we do not guarantee the accuracy, integrity or quality of such Content or endorse any opinions expressed via the Journesia Service. You further understand and agree that by using the Journesia Service you may be exposed to Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, or in some cases, has been mislabeled or is otherwise deceptive.
We aren’t responsible for any content posted on Journesia, even if it is false or objectionable. To monitor all Content would take a small army, which we can’t possibly afford.
a. Rights and ownership
We do not claim ownership of any Content that you submit, post or share on or through the Journesia Service, and you retain all rights in and are solely responsible for such Content.
The license granted to Journesia includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, websites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, descriptions, location, tags, and other accompanying information) if any and as appropriate, all as submitted to Journesia by you.
When you use the Journesia Service you represent and warrant that you have all of the necessary rights to grant this license to Journesia for all Content you submit and you agree to pay for all royalties, fees and any other monies owed by reason of Content you post on or through the Journesia Service.
b. Removal and loss
We reserve the right, but are not obligated, to remove any Content, with or without reason or prior notice, including, but not limited to, Content that we believe, in our sole discretion, violates this Agreement or our policies. You agree that you will not rely on the Journesia Service for the purposes of backup or storage and we encourage you to maintain your own backup of your Content. We will not be liable for the loss of any Content and you acknowledge that the submission of Content or other information may not be secure as the Internet may be subject to breaches of security.
We aren’t responsible for any loss of Content and we’re not your backup drive.
Following removal or deletion of your Content from the Journesia Service, we may retain such Content for a commercially reasonable time for backup, archival and/or audit purposes. You understand and agree that references to, caching of, or copies of such Content may not be immediately removed.
Once Content is removed from Journesia it may linger around for a bit.
We value hearing feedback from our users, and are always striving to improve the Journesia Service. If you choose to send us content, information, ideas, suggestions, feedback or other materials, you agree that we are free to use such content without any liability or compensation to you and for any purposes whatsoever, including, without limitation, developing and marketing products and services. You further agree that by accepting your submission we do not waive any rights to use similar or related feedback known to us, obtained from sources other than you, or developed by our employees.
We can use your feedback to improve Journesia as we see fit. And we love feedback so email us at hello[at]Journesia.com.
3. Copyright Policy
At Journesia (“Journesia”) we respect the intellectual property rights of others and expect you to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) of 1998, we will respond expeditiously to claims of intellectual property infringement by Content that resides on or is accessible on/through the Journesia site.
Upon receipt of a complete and vetted DMCA notice, as described below, we will take down the copyrighted material in a timely manner and will immediately send a notification to the Journesia User who posted the allegedly infringing material. It is also our policy, in the appropriate circumstances and at our sole discretion, to suspend and/or terminate your account if you repeatedly infringe the intellectual property rights of others.
A complete notice must contain the following information:
- The contact details for the notifying party, including full name, address, phone number and, if available, email address.
- A description of the copyrighted work or material being infringed.
- Clear identification of the material that is claimed to be infringing, with reasonably sufficient detail to enable us to locate it on our site and verify its existence.
- A declaration that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or law.
- A statement that the information provided in the notice is accurate, and that, under penalty of perjury, you are the owner or are authorised to act on behalf of the owner, of an exclusive copyright that is allegedly infringed.
- The physical or electronic signature of the owner, or of a person authorised to act on behalf of the owner, of the copyright that has allegedly been infringed.
Deliver completed notices to Copyright Agent, c/o Journesia, Inc., 511 Boren Avenue North, Suite 200, Seattle, Washington, 98109, United States or send via email to copyright[at]Journesia.com.
People shouldn’t steal from each other, even when it concerns the non-physical, like ideas or art. We take copyright seriously, and you should too, so if you think there’s a copyright issue, describe it to us in detail and let us know using the mail or email address listed.
We take your security very seriously and work to protect your Content and your account, however, we cannot guarantee that unauthorized third parties may not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized access to your Journesia account.
We secure all your Content, but cannot guarantee that we can keep it safe. C’est la vie.
6. Third party links, websites and services
The Journesia Service, or e-mail communications we send you, may contain links to third party websites or services that are not owned, controlled or endorsed by Journesia. There may also be links to third party websites or services in Content that other Users have provided to the Journesia Service. We do not endorse or assume any responsibility for any such third party websites or services, or for any content, advertising, products or other materials on or available from these websites or services. You access any third party website or service from Journesia at your own risk, and you acknowledge and agree that Journesia will have no liability arising from your use of or access to any third party website or service.
Some of Journesia’s content may link out to other websites and we’re not responsible for anything having to do with those sites. It would be absurd to think that we are.
We reserve the right to modify, suspend or terminate the Journesia Service or your access to the Journesia Service, with or without reason, with or without prior notice or liability to you, at any time, effective immediately. If you wish to terminate this Agreement, you can simply discontinue using the Site. Once your access or ability to use the Journesia Service has been terminated, your right to use or access that service and any Content, plus all licenses and other rights granted to you in this Agreement, will immediately cease. 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.
Either you or Journesia can stop this Agreement at any time. But here’s a toast to a long and beautiful friendship!
8. Disclaimer of Warranties
THE Journesia SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Journesia HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Journesia does not represent or warrant that use of the Journesia Service will (a) be secure and free from errors and that defects will be corrected, (b) be continuous or uninterrupted, (c) meet your requirements or expectations, or (d) be free from any harmful components, including, without limitation, viruses. Journesia makes no warranty and disclaims all responsibility and liability for the deletion of, or the failure to store or to transmit, any Content and or other information on the Journesia Service. Journesia does not warrant that your use of the Journesia Service is lawful in any particular jurisdiction, and specifically disclaims such warranties. Your access to and use of the Journesia Service or any Content is at your own risk. No advice or information, whether oral or written, obtained from Journesia or through the Journesia Service, will create any warranty not expressly made herein.
Though we are always doing our best to keep improving Journesia, we cannot guarantee that it will work flawlessly all the time. We know that we’re not perfect and now you do too. You can also give us feedback to let us know just how imperfect we are.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Journesia SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE Journesia SERVICE, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER ON THE Journesia SERVICE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT, OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT, SHALL Journesia’S AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS (US$100.00) FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES.
We are not responsible for anything that happens as a result of you using Journesia. You should wear a helmet.
10. General Representation and Warranty
You agree to indemnify and hold harmless, Journesia, its directors, officers, employees and agents from and against any and all claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, that are in any way connected with (a) your access to or use of the Journesia Service, (b) your Content, or (c) your violation of any of the terms and conditions in this Agreement.
We aren’t responsible for your crazy behavior on Journesia and if we are sued because of something you did, you will be responsible for our legal costs.
For any dispute you have with Journesia, you agree to attempt to resolve the dispute with us informally and to contact us before resorting to litigation. If we are unable to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy arising under this Agreement by binding arbitration by the American Arbitration Association (“AAA”), except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration will be settled in accordance with the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as modified herein, and unless both you and we agree otherwise the arbitration will be conducted in the country, city or municipality where you reside.
You may bring claims only on your own behalf. You acknowledge and agree that you and we each waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding against each other. Unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.
If we have a problem, we both agree to try and resolve it directly with each other first and then through a licensed arbiter rather than through legal action. Suing each other is not a fun sport.
13. General Terms
a. Modifications to the Agreement
Journesia reserves the right, in our sole discretion, to modify or replace any part of this Agreement from time to time. The latest version will always be posted on our Site. It is your responsibility to check this Agreement periodically for changes, however, if a revision is, in our sole discretion, deemed material we will notify you of any changes. We reserve the right to determine the form and means of providing such notifications to you, and you agree to receive legal notices electronically if we choose. All changes to this Agreement are effective as soon as they are posted, and by continuing to use or access the Journesia Service after revisions to this Agreement become effective, you agree to be bound by the revised Agreement.
Sometimes we have to change this Agreement and the latest one in effect is always on our site. If it’s a big change, we’ll give you a heads up.
b. Entire agreement
Any attempt to assign or transfer this Agreement, or any rights hereunder, in whole or in part, whether voluntarily or by operation of the law, without the prior written consent of Journesia will be null and void, but Journesia may assign this Agreement or any rights hereunder without your consent. If provision of this Agreement is deemed invalid or otherwise unenforceable, then that provision will be limited or eliminated to minimum extent necessary and construed to reflect the parties’ original intent. The remaining provisions of this Agreement will remain in full force and effect.
d. No waiver
No waiver of any term or condition of this Agreement or any breach thereof, in any one instance, will be deemed a further or continuing waiver of such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions and Journesia may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This part clarifies which documents make up our deal with each other and how the deal’s points stay in effect. Isn’t it good to have all this in black and white?
Now with all that out of the way, we wish you a warm welcome to the Journesia community and we look forward to seeing the world through your eyes. To help grow our community of lovely people, be sure to invite your friends and share Journesia with your network. It’s people like you that make this whole wonderful thing work.