If you have any questions concerning these terms and the service iWaandr provides, please contact us via email. These Terms of Service (“Terms”) are a binding legal agreement between you and iWaandr that govern your use of the websites, applications, and other offerings from iWaandr (collectively, the “iWaandr Platform”). When used in these Terms, “iWaandr,” “we,” “us,” or “our” refers to the iWaandr entity. The iWaandr Platform offers an online venue that enables users (“Users”) to publish, offer, search for, and book services. Users who publish and offer services are “Posters” and Users who search for, book, or use services are “Viewers.” Posters offer activities, excursions, and events (“Experiences”) which are grouped into an (“Atlas”). You must register an account to access and use many features of the iWaandr Platform, and must keep your account information accurate. As the provider of the iWaandr Platform, iWaandr does not own, control, offer or manage any Atlases. iWaandr is not a party to the contracts concluded directly between Posters and Viewers. iWaandr is not acting as an agent in any capacity for any User, except as specified in the Payments Terms of Service (“Payment Terms”). We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Users. If you Post, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Post Services.

I. General Terms

1. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
2. You agree that you will not solicit, collect or use the login credentials of other iWaandr users.
3. You are responsible for keeping your password secret and secure.
4. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
5. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
6. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any iWaandr page is rendered or displayed in a user’s browser or device.
7. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
8. Violation of these Terms of Use may, in iWaandr’s sole discretion, result in termination of your iWaandr account. You understand and agree that iWaandr cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for iWaandr, we can stop providing all or part of the Service to you.

II. Rights

iWaandr is based on amazing photos from travelers all over the world. Many of our members use these photos in a professional way and it is our number one commitment to protect their rights.

1. Content
   By posting or uploading content, such as photos, descriptions, etc., protected by intellectual property rights and copyrights (“Content”), you expressly grant us a non-exclusive, transferable, sublicensable, royalty free, worldwide license to use any such Content (“License”). In order to provide the services of iWaandr it is necessary that the Content posted or uploaded by you are stored, hosted on servers, made available for retrieval, is technically duplicated, displayed and made publicly accessible and advertised. Therefore, this License includes the right to reproduce, distribute and exhibit the Content, the right of recitation, performance and presentation, the right of making the Content available to the public, to broadcast it for all types of reproductions, whether for film, electronic media or online services. The License also includes the right to edit or otherwise change the Content in any way respecting the peculiarity of the Content. Further, the License includes the right for iWaandr to fully or partially use the Content for promotional reasons and to alter photo titles, description, tags and other accompanied information accordingly.
2. Revocation or Deletion
   You can exercise your right of revocation at any time by deleting the Content or by terminating your account. In this event, the License specified above shall terminate. Please be aware that remote content persists in backups for a reasonable period of time (but is not accessible to others), if you delete the Content or your account.
3. Legal ownership
   You warrant that you are the sole owner of all rights in relation to the Content, including but not limited to copyrights and trademarks, related copyrights and that you are entitled to post or upload the Content, without infringing any such rights. You are obligated to ensure that any identifiable person imaged on a photo you post or upload has consented to such use where legally required. If third parties assert claims against iWaandr in this regard, you shall be obliged to indemnify us from all costs and claims, as far as you are liable.
4. Use of iWaandr
   You are responsible for ensuring that you use the services of iWaandr only in accordance with applicable law and these Terms of Use. In particular, it is not allowed to
   1. upload, post or make publicly accessible any content that is harassing, defamatory, threatening, obscene, pornographic, hateful, violence-glorifying, racist or in any other way legally objectionable;
   2. make publicly available or disseminate content that contains programs or files that could damage anyones hardware or software, e. g. viruses, worms, Trojan horses, etc;
   3. make publicly accessible and/or otherwise disseminate commercial advertising, junk mail, mass email (“spam”), chain letters or pyramid schemes;
   4. allow others to access your account, especially to upload or post Content through your account, or to sell or otherwise transfer your account;
   5. attempt to gain unauthorized access to another person’s account or otherwise interfere with their use;
   6. indicate false or misleading information when using the website, in particular with regard to the origin or source of Content you post or upload;
   7. copy any Content of other registered members of iWaandr. Any use of the Content, even in extracts, especially for commercial purposes requires the prior permission of iWaandr. In principle, the registered members of the website are eligible as copyright holders. We will provide all photos with the name of the member who posted or uploaded them to the website. In order to protect the copyright holder of photographs, we have technically prevented users of the website from downloading images by using the copy function via right-clicking on them. However, iWaandr does not represent and warrant that a user of the website will not be able to download the images posted or uploaded there.
5. Right of control
   We reserve the right to check, edit, delete or block your Content, namely your photos, under preservation of the respective moral rights. However, we do not assume any obligation to check, edit, delete or block them, whether they violate your membership obligations or whether they violate the law.

III. Responsibility of website and mobile application visitors or users

iWaandr has not reviewed, and cannot review, all of the material, including computer software, posted to the Website and mobile applications, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website and mobile applications, iWaandr does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website and mobile applications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website and mobile applications may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. iWaandr disclaims any responsibility for any harm resulting from the use by visitors/users of the Website and mobile applications, or from any downloading by those visitors/users of content there posted.

IV. Content posted on other websites and mobile applications

We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and mobile applications and webpages to which iWaandr.com links, and that link to iWaandr.com. iWaandr does not have any control over those non-iWaandr Websites and mobile applications and webpages, and is not responsible for their contents or their use. By linking to a non-iWaandr Website and mobile applications or webpage, iWaandr does not represent or imply that it endorses such Website and mobile applications or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. iWaandr disclaims any responsibility for any harm resulting from your use of non-iWaandr Websites and mobile applications and webpages.

V. Content posted on other websites and mobile applications

As iWaandr asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by iWaandr.com violates your copyright, you are encouraged to notify iWaandr in accordance with iWaandr’s Digital Copyright Act (“DCA”) Policy. iWaandr will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. iWaandr will terminate a visitor’s/users’s access to and use of the Website and mobile applications if, under appropriate circumstances, the visitor/user is determined to be a repeat infringer of the copyrights or other intellectual property rights of iWaandr or others. In the case of such termination, iWaandr will have no obligation to provide a refund of any amounts previously paid to iWaandr. Intellectual Property. This Agreement does not transfer from iWaandr to you any iWaandr or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with iWaandr, iWaandr.com, the iWaandr logo, and all other trademarks, service marks, graphics and logos used in connection with iWaandr.com, or the Website and mobile applications are trademarks or registered trademarks of iWaandr or iWaandr’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and mobile applications may be the trademarks of other third parties. Your use of the Website and mobile applications grants you no right or license to reproduce or otherwise use any iWaandr or third-party trademarks.

VI. Advertisements

iWaandr reserves the right to display advertisements on your blog unless you have purchased an Ad-free Upgrade or a VIP Services account. Attribution. iWaandr reserves the right to display attribution links such as ‘iWaandr.com,’ sticker attribution on the Website and mobile applications. Linking iWaandr services with other services. By linking your iWaandr account with other accounts you own at third party providers such as Facebook, Twitter, Pinterest, Instagram, you agree to the terms of service of those providers. You can opt out of their terms of service at any time by disconnecting your iWaandr account from your accounts that you have there. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

VII. Changes

iWaandr reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website and mobile applications following the posting of any changes to this Agreement constitutes acceptance of those changes. iWaandr may also, in the future, offer new services and/or features through the Website and mobile applications (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

VIII. Termination

iWaandr may terminate your access to all or any part of the Website and mobile applications at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your iWaandr account (if you have one), you may simply discontinue using the Website and mobile applications. 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. Disclaimer of Warranties. The Website and mobile applications are provided “as is”. iWaandr and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither iWaandr nor its suppliers and licensors, makes any warranty that the Website and mobile applications will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website and mobile applications at your own discretion and risk.

IX. Limitation of liability

In no event will iWaandr, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to iWaandr under this agreement during the twelve (12) month period prior to the cause of action. iWaandr shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. General Representation and Warranty. You represent and warrant that (i) your use of the Website and mobile applications will be in strict accordance with the iWaandr Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website and mobile applications will not infringe or misappropriate the intellectual property rights of any third party. Indemnification. You agree to indemnify and hold harmless iWaandr, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and mobile applications, including but not limited to your violation of this Agreement.

X. Miscellaneous

This Agreement constitutes the entire agreement between iWaandr and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of iWaandr, or by the posting by iWaandr of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website and mobile applications will be governed by the laws of the republic of Austria and the EU, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the county court of the first district in Vienna, Austria or the commercial court located in Vienna, Austria. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Vienna, Austria, in the German language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive 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; iWaandr may assign its rights under this Agreement without condition. This Agreement will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns.