Terms and Conditions
TERMS AND CONDITIONS OF USE
ACCEPTANCE OF TERMS
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by The Wandering Cs, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Certain of the Services may be subject to additional terms and conditions specified by The Wandering Cs from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. The Wandering Cs may, at its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
To get the most benefit from the Services, you may be required to register for an account on The Wandering Cs. You must provide accurate and complete information and keep your account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your account, and for keeping your account password secure. You may never use another person’s user account or registration information for Fathom without permission. You must notify us immediately of any breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account.
Content Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from the Services. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not following removal be shared with others).
Notices and Restrictions. The Services contain Content specifically provided by The Wandering Cs, its partners or its users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Use License. Subject to these Terms of Service, The Wandering Cs grants each user of the Services a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use Content solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from The Wandering Cs, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
License Grant. By submitting User Content through the Services, you hereby do and shall grant The Wandering Cs a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and The Wandering Cs’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to Fathom and its users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing. You represent and warrant that that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Availability of Content. The Wandering Cs does not guarantee that any Content will be made available on the Site or through the Services. Further, The Wandering Cs has no obligation to monitor the Site or the Services. However, The Wandering Cs reserves the right to (i) remove, edit or modify any Content in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if The Wandering Cs is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
Permission is granted to temporarily download one copy of the materials (information or software) on The Wandering Cs’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Wandering Cs at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You shall defend, indemnify, and hold harmless The Wandering Cs, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your account or identity in the Services, of any intellectual property or other right of any person or entity. The Wandering Cs reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with The Wandering Cs in asserting any available defenses.
The materials on The Wandering Cs’s web site are provided “as is”. The Wandering Cs makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Wandering Cs does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall The Wandering Cs or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Wandering Cs’s Internet site, even if The Wandering Cs or a The Wandering Cs authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
REVISIONS AND ERRATA
The materials appearing on The Wandering Cs’s web site could include technical, typographical, or photographic errors. The Wandering Cs does not warrant that any of the materials on its web site are accurate, complete, or current. The Wandering Cs may make changes to the materials contained on its web site at any time without notice. The Wandering Cs does not, however, make any commitment to update the materials.
There may be links to third-party sites on the Site. Such links are given solely for the User’s convenience. Their presence does not mean that they are recommended or endorsed by The Wandering Cs. The Wandering Cs has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. Also, The Wandering Cs does not warrant their safety and accordance with the User’s expectations. The Wandering Cs shall not bear any liability in case of any damages or losses, direct or implicit, due to a visitation originating from The Wandering Cs, or to the use of services available from third-party sites. Use of any such linked web site is at the user’s own risk.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Riverside County, California. General Terms and Conditions applicable to Use of a Web Site.
For any questions in connection with the provisions of this document, please contact us.
EFFECTIVE DATE OF TERMS OF SERVICE: August 1, 2014.
Come Wander With Us
Disclosure of Material Connection: Some of the links in the posts on this website are “affiliate links.” This means if you click on the link and purchase the item, The Wandering Cs will receive an affiliate commission. Regardless, we only recommend products or services we use personally and believe will add value to our readers. We are disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
Additionally, information, including but not limited to text, graphics, images, videos, or other materials, contained on this website is for informational and entertainment purposes only. One function of this website is to help encourage wellness in your daily life. This website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified, professional health care provider with any questions, comments, or concerns you may have regarding any medical condition or treatment and before making any changes to your health care regimen. If you are experiencing any type of medical emergency, stop reading this website and dial 911 (or your country’s emergency phone system (but you can return to this website once the emergency has passed (and if this does not go against your medical provider’s advice)).