Effective as of 12/01/19

Please read these terms of use (“Terms of Use”) carefully before using the website, application or services (the “Service”) made available and operated by GoneVaca LLC dba (“Driftr,” “us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms of Use. If you do not agree to be bound by, or disagree with any part of, these Terms of Use, then you do not have permission to access or use the Service.

Our Service

Driftr is a platform that offers travelers a place to connect and share travel tips and information with one another along with hospitality operators and loading providers a marketplace and set of tools to market, transact, and manage lodging with users.

Our Intellectual Property

The Service and its content (excluding User Content provided by users) (“Driftr Content”), features and functionality, including without limitation, all intellectual property rights therein, are and will remain the exclusive property of Driftr and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of us. You must not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Driftr Content and you must not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Driftr Content.

Availability

Although it is Driftr’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Driftr will not be liable to you for any modification, suspension, or discontinuation of the Services.

Links to Third Party Web Sites, Advertisements, Services or Features

Our Service (including communications you may receive from us or through the Service, and images or comments within the Service) may contain links to third party web sites, advertisements, services or features that are not owned, controlled, maintained or endorsed by us.

Some functionality on the Service may permit interactions between the Service and a third-party web site, service or feature, including applications that connect the Service or your profile on the Service with a third-party web site, service or feature (an “Application”). For example, the Service may include a feature that enables you to share User Content from the Service or your User Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. You may choose, at your sole discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Driftr has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Driftr, its affiliates, licensors and applicable third parties harmless for activity related to the Application.

Driftr does not control, and to the fullest extent permitted by law, assumes no responsibility for the content, privacy policies, or practices of any third party web site, advertisements, services or features. We do not warrant the offerings of any of these entities/individuals or their web sites.

You acknowledge and agree that Driftr cannot and will not review, censor, endorse or edit the content of any third party site, advertisements or services. Where the Service contains links to such third party websites, advertisements or services, these links are provided for your information and convenience only. You acknowledge and agree that your use of any third party websites, advertisements and/or service is at your own risk and that you should apply a suitable level of caution and discretion in accessing any such third party links. When you click on any third party links, the applicable third party’s terms and policies apply, not these Terms of Use. To the fullest extent permitted by law, by using the Service, you expressly relieve Driftr from any and all liability arising from your use of any third party website, advertisements or services and/or from your use of or access to any third party content made available through the Service, including without limitation, any User Content made available or accessed through your interactions with other users of the Service.

You acknowledge and agree that to the fullest extent permitted by law, Driftr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites, advertisements or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Your Use of the Service & Our Content

Driftr does not target our Services to users under the age of 13 and we do not permit any users under the age of 13 to use our Service. If we learn of any user that is under the age of 13, we will immediately terminate the relevant user account and delete any and all information we may have about that user (unless otherwise required by applicable law). If you have any reason to believe a user is under the age of 13, please contact us at hello@driftr.us.

You understand and agree that you use the Service at your own risk. You agree that you are responsible for all data charges you incur through use of the Service. 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 User Content (defined below), including but not limited to, copyright laws.

We prohibit crawling, scraping, caching or otherwise accessing any content (including Driftr Content and User Content) on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Driftr’s express consent).

We reserve the right to refuse access to the Service to anyone for any reason at any time.

User Account

When you create a user account with us, you represent that all information you provide to us during registration, and at all other times, is and will be true, accurate, current and complete, and you agree to update your information as necessary to maintain its truth and accuracy. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You may not use as a username the name of another person or entity, a name that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You may not use domain names or web URLs in your username without prior written consent from Driftr. We reserve the right to force forfeiture of any username for any reason.

You are responsible for keeping your password secret and secure. You agree that you will not solicit, collect or use the login credentials of other Driftr users.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Driftr prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.

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.

Violation of the Terms of Use, in Driftr’s sole discretion, may result in termination of your Driftr account.

The Driftr Network

The Driftr Network (TDN) is a way for influential and leading voices in the traveler community to connect with each other, offer advice, and recount their experiences.

As a member of TDN, All duties that you perform for TDN are at-will and compensated via separate agreements prior to each engagement.

Unless otherwise specified, the compensation you receive for your content (photos, likeness, text and video) is assumed to be in full and you grant TDN permission to reuse, reprint, and rebroadcast your content in perpetuity throughout the universe.

Service and Content Use Restrictions

You may not use the Service for any illegal or unauthorized purpose.

You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Driftr.

You must not interfere or disrupt the Service, 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 Driftr page is rendered or displayed in a user’s browser or device.

You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other terms or conditions provided to you by Driftr.

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

Content found on or through this Service are the property of Drifter or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Driftr is not responsible or liable for the conduct of any user. Driftr reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you Submit User Content or any personal or other information.

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.

  • Upon termination of the Service or your access to the Service, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  • If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, , and all other nexus of assication data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your User Content has been reshared by others).

User Content

Our Service allows you to submit, post, display, link, store, share and otherwise make available (“Submit”) certain information, text, graphics, images, videos, audio or other content or material (“User Content”) on or via the Service. You are solely responsible for your conduct and any User Content that you Submit.

By Submitting User Content on or through the Service, you represent and warrant that: (i) you own the User Content and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms of Use; (ii) the posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity; and (iii) you have or will pay for any and all royalties, fees or other costs owed in relation to User Content you post on or through the Service. We reserve the right to terminate the account of anyone found to be infringing on a copyright or any other intellectual property right.

Restrictions

You must not create or Submit unwanted email, comments, likes or other forms of commercial or harassing communications (such as “spam”) to any Driftr users.

You may not Submit violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

Ownership & Rights

You retain any and all of your rights to any User Content you Submit on or through the Service and you are responsible for protecting those rights. We take no responsibility and, except where prohibited by law, assume no liability for User Content you or any third party posts on or through the Service.

However, by Submitting User Content using the Service you grant us the non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable and transferable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. You agree that this license includes the right for us to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms of Use.

We have the right, but not the obligation, to monitor, edit, remove, and block any User Content Submitted by users.

Driftr reserves the right to remove any content (including User Content) from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Driftr, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Driftr encourages you to maintain your own backup of your User Content. Driftr will not be liable to you for the loss of any User Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.

Advertisements & Commercial Content

Some of the Service is supported by advertising revenue and may display advertisements and promotions. You agree that Driftr may place such advertising and promotions on the Service or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

Copyright and Other Intellectual Property Policy

We respect the intellectual property rights of others and expect you to do the same. It is our policy to respond to any claim that User Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

Reporting Copyright and Other IP Violations

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim to our copyright agent via email to dmca@driftr.us, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims regarding the alleged infringement of any User Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice & Communications

By creating an Account on our Service, you agree that, from time to time, we may contact you to notify you about certain changes or additions to the Service or regarding your use of the Service. Where we require that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms of Use, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give us notice by emailing us at user-notices@driftr.us

We may also use your email address where you have subscribed to newsletters, marketing or promotional materials and other information. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us at same email address set forth above].

Contests, Sweepstakes & Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Driftr and its licensee and licensors, and their employees, contractors, agents, officers and directors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) your breach or violation of these Terms of Use,  (iii) User Content posted on the Service and/or (iv) your violation of any law or regulation.

Limitation of Liability

In no event shall Driftr, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Driftr’s total, cumulative liability for any claim, loss or damage arising out of or relating to these terms shall be one hundred dollars ($100.00 USD).

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (X) DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; (Y) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (Z) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.

Warranty Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Driftr its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, be error-free, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; (d) the results of using the Service will meet your requirements; or (e) that the Service and/or any content made available through the Service will be accurate or complete.

Driftr assumes no liability or responsibility for any errors, mistakes or inaccuracies of content, any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, any unauthorized access to or use of our Service, any interruption or cessation of transmission to or from the Service, any bugs, viruses, Trojan horses or the like which may be transmitted to or through our Service by any third party and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of the Service and/or any content posted, emailed, transmitted or otherwise made available via the Service.

Some jurisdictions do not allow for limited liability or exclusion of implied warranties, so not all of the above limitations and/or warranty disclaimers may apply to you. You acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth herein form an essential basis of the agreement between the parties hereto, that the parties have relied upon such disclaimers, exclusions and limitations of liability, and that absent such disclaimers, exclusions and limitation of liability, the terms and conditions of these Terms of Use would be substantially different.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

California Civil Code §1789.3

In accordance with California Civil Code §1789.3, you may report complaints to the Compliant Assistance Unite of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R. Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Assignment

These Terms of Use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be freely assigned by Driftr without restriction.

Changes to the Terms of Use; Additional Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. Except as specified in these Terms of Use or by us, any changes to the Terms of Use will be effective as of the time of posting and will apply to your use of the Service from that point forward. However, if a revision is material (determined at our sole discretion), we will provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

From time to time, we may offer a special feature or program to the Service that has its own terms and conditions that apply to your access and use in addition to these Terms of Use. In those cases, the terms specific to the special feature or program will control to the extent there is a conflict with these Terms of Use.

Contact Us

If you have any questions about these Terms of Use, please contact us at user-notices@driftr.us.

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