Terms of Use

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.

Please read the following terms of use (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Services and set forth the legally binding terms for your use of the Services, whether or not you have registered a Registered Account (defined below).

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU POSSESS A REGISTERED ACCOUNT, AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

Modification

We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services, including any portion thereof on a global or individual basis, or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will update the “Last Updated Date” above and post the modification on our website and perhaps elsewhere within the Services. By continuing to access or use the Services after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services.

Eligibility and Account Registration

The Services available through our software application may be available to you on only a limited basis. In order to access certain features of the Services and to post any User Content (defined below) through the Services on a fully functional basis, you must register to create an account (“Registered Account”) and become a “Registered User”. We do not allow people under the age of 13 to create accounts; please see our Privacy Policy for further information. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Registered Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Registered Account, whether or not you have authorized such activities or actions. You agree to immediately notify us of any unauthorized use of your Registered Account. We are not liable for any damages or losses caused by someone using your account without your permission. Once you have established a Registered Account, you will have the ability to invite other people to become Registered Users through your Registered Account.

We reserve the right at any time to change or modify fees for the Services in our Pricing Plan. In no event will you be charged for access to the Services, unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to the Services. Current details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply are set forth in our Pricing Plan. All such terms shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms of Use. If you subscribe to any service provided through the Services, you agree to pay the subscription fee identified at the time you subscribe for the subscription type you select. We will charge your authorized credit card for the subscription fee owing to us. At the time you subscribe, you will be asked to select the time period (subject to any identified minimum period) for your subscription (the “Subscription Period”). At the end of the Subscription Period, unless you previously have cancelled your subscription, your subscription will automatically renew for successive Subscription Periods and (upon renewal) we will charge your authorized credit card for the then-applicable subscription fee for your Subscription Period. While we reserve the right at any time to change or modify the fees we charge for subscriptions to any service provided through the Services, in no event will any such change apply to any Subscription Period for which you already have paid. It is your responsibility to determine if you would like to use any such service before subscribing. Once you have paid a subscription fee, a refund cannot be given. If, however, you are having problems accessing any service to which you have subscribed, have contacted us, have exhausted all support options that we provide to assist you with technical problems, and are still unable to access that service, we will refund the subscription fees you have paid. These are the ONLY circumstances under which you will receive a refund of any subscription fee you have paid. In no event will you receive a refund if we terminate your Registered Account as a result of your violation of these Terms of Use.

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.

You may terminate your account on ten (10) days written notice to us. You agree that we may terminate your subscription and/or access to and use of the Services, with or without cause at any time at our sole discretion; provided that we will pay a pro-rata refund if terminated for reason other than a violation of these Terms of Use.

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.

Purchased Items

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

Certain types of content are made available through the Services. “Discover World Content” means, collectively, text, data, graphics, images, illustrations, forms and look and feel attributes, our trademarks and logos and other content made available through the Services, including any technology or code making up the Services, excluding User Content. “User Content” means the documents, files, text, data, graphics, images, photos, video or audiovisual content and any other content uploaded, transmitted or submitted by you and Registered Users via the Services. You retain full ownership to User Content that you have uploaded, transmitted and submitted. We do not claim any ownership to any of it. These Terms of Use do not grant us any rights to User Content or intellectual property except for the limited rights that are needed to run the Services, as explained below.

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms of Use. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible for the accuracy, completeness, appropriateness, or legality of files or any other information you may be able to access using the Services.

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.

Privacy

See our Privacy Policy for information and notices concerning our collection and use of your personal information. If you have any questions about our Privacy Policy, please contact us. By accessing the Services you are agreeing to the terms of our Privacy Policy.

Ownership

The Services and Discover World Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, we and our licensors exclusively own all right, title and interest in and to the Services and Discover World Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Discover World Content.

License

Subject to your compliance with the terms and conditions of these Terms of Use, we grant you a limited, non-exclusive, non-transferable license (without the right to sublicense) to access, use, view, download and print, where applicable, the Services and any Discover World Content solely for your own purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Discover World Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms of Use.

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
Email: copyright@discoverworld.com.

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.

General Prohibitions

You agree not to do any of the following while using the Services or Discover World Content:

We will have the right to investigate and prosecute violations of any of the above, including intellectual property right infringements and Services security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Services or Discover World Content or to review or edit any User Content, but we do have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Discover World Content, or to any User Content, that we, in our sole discretion, consider to be in violation of these Terms of Use or otherwise harmful to the Services.

Links

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

Without limiting other remedies, we may at any time suspend or terminate your Registered Account and refuse to provide access to the Services. In addition, we may notify authorities or take any actions it deems appropriate, without notice to you, if we suspect or determine, in our own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by us; or (ii) engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, our users, us, or any other third parties or the Services.

You may terminate your Registered Account at any time and for any reason by contacting us. Upon any termination by a Registered User, the related account may no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. We will not be liable to you or any third party for termination of the Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED THROUGH THE SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU AND MAY BE DELETED BY US IN ITS ENTIRETY. Furthermore, we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to us under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Disclaimers

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.

Indemnity

You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content that is submitted to us, your access to or use of the Services or Discover World Content, or your violation of these Terms of Use.

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.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT THEREIN EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO US. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the courts having jurisdiction over disputes arising in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

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.

Export Control

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.

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between us and you regarding the Services and Discover World Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services and Discover World Content.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. We may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

You consent to the use of: (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Use or your use of the Services. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given: (x) by us via email (in each case to the address that you provide) or (y) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

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”):

Apple is not a party to these Terms of Use and we are solely responsible for the Services and the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services.

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.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

General

The failure of us to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Contacting Us

If you have any questions about these Terms of Use, please contact us.