Last updated June 1, 2017
Discover World Ventures, Inc. (“Discover World” or “we” or “us” or “our”) provides services through our software applications for mobile devices, including without limitation our software applications available on the Apple iPhone or Android device, as well as through our website (individually or collectively, our website and our software applications are referred to herein as the “Services”). We provide an online destination where visitors can discover, research, explore, plan, and discuss travel destination information as well as view, publish and share their trips.
Eligibility and Account Registration
For annual plans, we offer a 30-day satisfaction guarantee: within 30 days after subscribing to an annual plan, you can contact us and ask for a full refund of the annual subscription. After the first 30 days, the charge is committed for the duration of the annual subscription and partial refunds are not available. The 30-day refund policy is only applicable to annual plans. Monthly plans do not qualify for refunds upon cancellation.
We will renew your subscription automatically at the end of each billing period unless you notify us in writing of your intent to cancel or modify the subscription at least ten (10) days prior to the end of the billing period. Renewed annual plans are subject to the same 30-day satisfaction guarantee as new plans. For annual plans, a full refund is available if the cancellation request is made within 30 days of the renewal charge. After the first 30 days of an annual plan renewal, the full charge is committed for the duration of the annual subscription and partial refunds are not available. The 30-day refund policy is only applicable to annual plans. Monthly plans do not qualify for refunds upon cancellation.
Upon termination or expiration of your account, we have no obligation to provide you with a copy of your User Content and may delete your User Content from our servers.
If you are a purchaser of items through the Services, you acknowledge that physical products purchased through the Services are purchased for personal use only and are custom made to your order and have no market beyond your purchase thereof. You may not reproduce, scan, display, transmit, distribute, modify, alter or otherwise exploit the physical products, or any portion thereof, for commercial use, in any manner, without the prior written consent. To the extent permissible by law, all items purchased through the Services and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon delivery to a shipping carrier.
Rights and Access to Content
You are responsible for maintaining and protecting all of your User Content. We will not be liable for any loss or corruption of User Content, or for any costs or expenses associated with backing up or restoring any User Content.
Notify Us of Infringers
If you believe that something available through the Services violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section. In order for us to take action, you must do the following in your notice: (1) provide your physical or electronic signature; (2) identify the copyrighted work that you believe is being infringed; (3) identify the item on the Services that you think is infringing your work and include sufficient information about where the material is located on the Services (including which website and URL) so that we can find it; (4) provide us with a way to contact you, such as your address, telephone number, or e-mail; (5) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Services; and (6) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Send the notification to our designated agent to receive notices of claimed infringement as follows:
Discover World Ventures, Inc.
Attn: Legal Department - DMCA Notices
14681 Farwell Avenue
Saratoga, CA 95070
Telephone: +1 (650) 618-4818
For any complaints originating from the EU, we accept a notice that conforms with the requirements of the EU E-Commerce Directive (2000/31/EC).
Again, we cannot take action unless you give us all the required information.
Comments and Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by contacting us. You acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
You agree not to do any of the following while using the Services or Discover World Content:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Services, or any individual element or materials within the Services, our name, any of our trademarks, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without our express written consent;
- Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any aspect of our system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or Discover World Content;
- Attempt to access or search the Services or Discover World Content or download Discover World Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera) or generally available mobile devices (such as the iPad or iPhone);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without our express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Discover World Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Discover World Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination of Registered Account; Cancellation
THE SERVICES AND DISCOVER WORLD CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES, DISCOVER WORLD CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER THE SERVICES WILL SATISFY APPLICABLE LEGAL OR REGULATORY REQUIREMENTS THAT MAY APPLY TO YOUR USE OF THE SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT THEREIN REMAINS WITH YOU. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR DISCOVER WORLD CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICES.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of us used herein are trademarks or registered trademarks of ours. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Discover World, DiscoverWorld.com, Discover.World, and “Smarter Travel, Together” are logos, trademarks, and/or service marks of Discover World Ventures, Inc. All other trademarks, service marks and logos used in the Services are the trademarks, service marks or logos of their respective owners.
Controlling Law and Jurisdiction
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.
You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
Additional Terms Pertaining to Apple
The following terms pertain to your use of the Services through a download of our software applications to a device manufactured by Apple, Inc. (“Apple”):
In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the software application you have downloaded from the Apple iTunes store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
Apple is not responsible for addressing any claims of yours or any third party relating to the Services or your use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple will not be responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claims.