Welcome to OneWorldJourneys.com and The Journeys Corps of Storytellers!
The information below sets forth the terms under which you can join One World Journeys as a Member of the "Journeys Corps" and contribute your own stories and images . The agreement goes into great detail about your rights and obligations as a Member, however here are some of the highlights:
This Membership Agreement sets forth the terms and conditions under which One World Journeys, / FusionSpark Media, Inc., offer products and services to registered users (each a "Member") of the website www.OneWorldJourneys.com. PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY BEFORE REGISTERING TO BECOME A MEMBER.
The Membership Agreement is comprised of (a) all terms and conditions set forth herein (b) all operating rules and policies that are published on the Site from time to time, (c) Legal Notices and Trademarks and (d) the FusionSpark Media, Inc. Online Privacy Policy, each as modified from time to time. In light of the evolving nature of web-based offerings, One World Journeys may post a notice on the Site, or broadcast messages through the Service, to inform you of changes to this Membership Agreement, the Service, or other matters of importance. Such posting or broadcast will constitute notice to you. Any amendment to the Membership Agreement shall be effective immediately upon posting of the notice, or broadcast of the message. Your continued use of the Service after such notice will reaffirm your agreement to be bound and to abide by this Membership Agreement as amended.
The term "Service" includes all functionality made available by One World Journeys on the Site. One World Journeys may add to, delete from, or modify the Service. Unless explicitly stated otherwise, any new text, content, file, data, product, services, information, software, software tool or other feature that augments or enhances the current Service, will be subject to this Membership Agreement. One World Journeys offers users this service to display their own content on OneWorldJouneys.com web pages (the "Service"). One World Journeys reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that One World Journeys shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Any new features that are added to the current Service shall be subject to the Terms and Conditions. This Service requires that you have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
The Service is available only to individuals age 13 or older. In order to use the Service, you must first register as a Member. You agree to provide accurate information, as prompted by the registration form, including an accurate email address where you can be contacted. Each Member is allowed to have only one Membership. Membership is intended for personal use only and is non-transferable. You must choose a password. You are responsible for any activity that occurs under your user ID. You agree to immediately notify One World Journeys of any unauthorized use of your user ID or another breach of security in relation to the Service. Stories by authors must be about a personal experience. Authors involved in a commercial venture pertaining to nature, wilderness, outdoor adventure, etc., may submit stories to the site but the submission should not be a blatant commercial or advertisement. For purposes of networking, authors may display the opt-in "Email the Author" link with their stories, as well as up to four URLs that are relevant to the author, or the author's stories.Authors may create links from other websites onto any area of the Site.
You may store, display and publish your "Member Content" on the Site. The "Member Content" may include images, data, or text. Your Member Content is linked to your Member Profile. You are responsible for creating and maintaining copies of your Member Content, as back-ups, prior to posting or uploading any material, data, text, image, video, music, sound, audio file, or other content or materials on the Site.
As a Member, you can display or publish your content in the public area of the Site, which is accessible by all users of the Site, whether or not they are Members, and which does not require the use of a password (the "Community Area"). The Community Area is accessible without a password to anyone who has access to the Internet.
You agree not to post, send, transmit, upload, display, publish or distribute through any part of the Site, any Member Content that:
a. misappropriates materials of others that are protected by copyright, trademark or trade secrets, patent or other intellectual property law without the express permission of the author or owner;
b. contains false or misleading statement of facts or description of the origin of the material or communications;
c. violates anyone's copyright, moral rights, author's rights, trade secrets, trademark rights, patent, or other intellectual property or other rights;
d. interferes with the privacy rights of any person, or impersonates any person;
e. contains a virus, may corrupt files or other content that may compromise or harm the Site or any user thereof;
f. makes or purports to make any commercial use of the Site;
g. constitutes a criminal offense, gives rise to civil liability, or violates an applicable laws or regulations, or encourages anyone to break the law, or advocates illegal activity;
h. contains links to your Member Private Area (defined below) that does any of the above;
i. harms minors in any way;
j. forges headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
k. "stalks" or otherwise harasses another member;
l. collects or stores personal data about other users;
m. uses your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond OneWorldJourneys.com.
The Service and other content, product, services or information on the Site are presently available free of charge, exclusive of Internet or other telecommunications fees.
One World Journeys may, at its discretion, elect to modify, delete, reduce, augment, or discontinue the Service or any product, service, feature, functionality on the Site, or institute a fee, and will notify the Members of such change. One World Journeys shall not be liable to you or any third party for any such change.
Certain content, products or services on the Site, such as photo printing and gift and hardware sales that may be added to the Site are subject to charges and specific terms and conditions, which are explained in connection with such content and services.
a. For purposes of the Terms of Service, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public discussion boards, story submissions in any section of the site such as Picturing Our World, Learning Our World, Exploring Our World included on the OneWorldJourneys.com or FusionSpark.com websites;
b. with respect to Content you elect to post to publicly accessible areas of the Service, and in consideration for the publishing Service provided, and the potential benefits to you related thereto, you grant FusionSpark Media, Inc. producer of OneWorldJourneys.com and FusionSpark.com, its successors, licensees and assigns, a non-exclusive, worldwide, perpetual, royalty free license to use, translate, modify, reproduce, distribute, publish, create modified works from, publicly perform, and publicly display your Member Content, by all means now known, or later, within the online OneWorldJourneys.com Site or offline at venues where One World Journeys may be represented such as exhibits, conferences, etc.
This usage grant is solely for the purpose of displaying, distributing and promoting your Content on One World Journeys' Internet properties. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you request deletion of such Content from the Service in writing.
With respect to Public Member Content you elect to post to publicly accessible areas of the Service, FusionSpark Media, Inc. producer of OneWorldJourneys.com or FusionSpark.com may publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) outside this environment and/or incorporate it in other works in any form, media, or technology now known or later developed only with the specific permission of the copyright holder.
You acknowledge and agree that certain technical processing or reformatting of your Member Content may be required to (a) perform indexing functions (b) conform to technical requirements (c) conform to the limitations of the Service or other similar requirements.
As between One World Journeys and you, you will own and maintain copyright for your Member Content, and One World Journeys owns all right, title and interest (including all intellectual property rights) in and to the Site, the Service, the technology, information, documents, files, web pages and other product developed in connection with the Site or available on the Site.
You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the Site or the Service.
Member Profiles are intended to be brief descriptions of a Member's interest and contact information. Any information you place on your Member Profile is accessible to anyone visiting the Site, unless you have made it private by checking the "Hide" box. You agree not to send transmissions through the Site that attempt to hide your identity or represent yourself as someone else.
One World Journeys does not endorse the content or views expressed in any Member Content and is not responsible or liable in any manner for any conduct by any Member or for any Member Content. One World Journeys reserves the right to remove or not to publish any submitted content that is deemed unacceptable according to the standards in this agreement.
You are solely responsible for the Member Content that you provide to One World Journeys for hosting, display or access on the Site, on the Community. This includes, without limitation, responsibility for the nature, content, subject matter, views that you express, display or publish in your Member Content.
You agree not to use the Service for illegal purposes. Your use of the Site and the products, services, information available on the Site is subject to all applicable local, state, national and foreign laws and regulations, international treaties, including, without limitation, U.S. laws regarding the transmission of technical data exported from the United States.
One World Journeys is not responsible for the misuse or theft of images posted by members to our servers. By submitting your Content to OneWorldJourneys.com for publication, you automatically agree not to hold One World Journeys liable for any unauthorized reproduction of your photo(s) or other material or subsequent damage as a result of the Content being displayed on the Site. Obtaining model and property releases, where applicable, is the responsibility of the photographer. You represent and warrant that (a) you have the right to enter into this Membership Agreement without any other approvals (b) you have the right to use, upload, publish, display the Member Content linked to your user ID (c) you have the right to grant the licenses granted herein and (d) the use by One World Journeys of the rights that you grant One World Journeys in this Membership Agreement will not violate the rights of any third parties, including without limitation your employer and your clients.
One World Journeys provides Members with storage space on the Site as a service to Members. One World Journeys encourages the free exchange of ideas, but has established the following parameters for any Member Content. When using any area of the Site, including, without limitation the Member Private Area, you agree not to post, send, transmit, upload, or otherwise publish any data, text, image, text, or other content or material that:
Contains or displays any expression of bigotry, racism, or hatred, or is ethnically offensive, objectionable or inappropriate. Is or might be perceived by One World Journeys or One World Journeys members or users, as defamatory, libelous, disparaging, obscene, pornographic, profane, threatening, abusive, deceptive, offensive, vulgar, ethnically objectionable, or inappropriate, including nudity, adult content, illegal content, content of a sexual nature, and unacceptable language that is inconsistent with the values or the spirit of the One World Journeys' Journeys Corps of Storytellers, as determined by One World Journeys in its sole discretion; interferes with anyone else's use of this Site; contains links to your Member Private Area that promotes or does any of the above.
Any grievance towards the policies and procedures of OneWorldJourneys.com or with other members should be addressed to feedback@OneWorldJourneys.com and not to any public arena within the Site. All Content provided by a user of this Service is the sole responsibility of that user, not One World Journeys.
It is One World Journeys' policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations.
The Service and the Site, including all content, products, services and information made available or accessed through the Site, are provided "AS IS", with no warranties of any kind. Uploading, downloading or transmitting any Member Content or any other material, data, text, images, video, music, sound or audio files on the Site or through the use of the Service is at your own risk and in your sole discretion. You will be solely responsible for any damages to your computer system or loss of data, or any other damages that result from such uploading, downloading or transmittal, or otherwise.
One World Journeys makes no representation or warranty of any kind:
a. that the Site or Service will meet your requirements;
b. that defects in the software for the Service will be corrected;
c. that the Service will be timely, secure, error free, uninterrupted;
d. that the Service or any content, product, services or information on the Site are accurate, correct, reliable or complete;
e. that Member Content or any material, data, text, images, video, music, sound, audio file, content or materials posted, displayed or stored on or through the Site will not be altered, deleted or damaged, or will be available for access, upload or download at all times or indefinitely;
f. as to the result that may be obtained from the use of the Service;
g. that the Site or the Service is free of viruses or other components that may infect, harm, or cause damage to computer equipment, data, software, or any other property when you access, browse, download from, upload to, or otherwise use the Service, the Site or any product or content on the Site.
One World Journeys expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information or service published on, or available through the Site or the Service.
Even if One World Journeys, or any of its authorized representatives have been advised of the possibility of such damages, under no circumstances (including but not limited to One World Journeys' negligence), shall One World Journeys be liable for any direct, indirect, consequential, incidental, special or punitive damages for any claim, loss and/or causes of action, whether in contract, tort (including but not limited to negligence) or otherwise. related to:
a. the quality, reliability, accuracy, completeness of the Service;
b. any modification, alteration, publication, display, failure to store, failure to index, loss, deletion, alteration, loss of access, or damages of or to your Member Content, computer equipment, software, data, or any text, image, video, music, sound, audio or other material that result from your use of the Site or the Service;
c. any harm, errors, omissions, costs, losses, or damages arising from the use of, or inability to use (whether because of interruption, suspension, termination or otherwise) of the Site, the Service; Member Content or any content, products, services or information provided on the Site;
d. any failures, delays, or interruptions in the Service or any content, products, services or information on the Site;
e. any harm resulting from downloading or accessing any Member, or any other content, products, services or information provided on the Site;
f. any unauthorized access to or alteration of Member Content or any breach of security related to any server used by the Site or the Service;
g. the cost of procurement of any substitute goods or services;
h. any content, advertising, products, or other materials on or available from external links to or from other external World Wide Web sites or resources and any links do not imply that One World Journeys endorses those sites;
f. any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such linked Content, goods or services available on or through any such site or resource.
Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, and therefore, the above limitation may not apply to you. Some Members may have additional rights.
If, despite the above limitations, FusionSpark Media, Inc. and/or One World Journeys were found responsible to a Member for any reason whatsoever, this liability will not exceed one hundred dollars ($100)
It is One World Journeys' policy to respect the privacy of all of its customers. For more information, please see our full privacy policy.
Domestic and foreign copyright, trademark, patents, and other intellectual property rights law and international treaties, and other laws, protect all material, data, text, images, photos, video, graphics, music, sound and audio files available on the Site ("Site Content"), both as individual works and as a collection. Unless authorized, you may not copy, reproduce, display, perform, distribute, or create derivative works from the Site Content, without being expressly authorized to do so by the owners of the intellectual property or proprietary rights in such Content.
You may download or use individual images, photos, video, graphics, music, sound, and audio files that are displayed in the Community Area of the Site only for personal non-commercial use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any part of the Site Content in any format, electronic or otherwise.
One World Journeys respects the intellectual property of others, and requires that its users and Members do the same.
You may not place any material protected by copyright anywhere on the Site without the express permission of the author or owner of the copyright in that material.
One World Journeys will promptly take down or block access to infringing or allegedly infringing material on its servers if One World Journeys becomes aware that such material infringes the copyright rights of a third party, whether One World Journeys identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a third party. One World Journeys will promptly contact the Member responsible for the Member Content, and alert him or her of the allegations of infringement, and of One World Journeys' intention to take down or block the allegedly infringing material.
If the Member believes that the removal or blocking of his or her material was a result of a mistake or a misidentification of the material, the Member shall provide One World Journeys a counter-notification establishing the Member's rights to display the material in question, as well as any other informationOne World Journeys shall request. Upon receipt, One World Journeys will promptly forward the counter-notification to the party that claims to be the copyright owner. If that party then does not file suit to enjoin the alleged infringement, One World Journeys will re-post or unblock the material within 14 days after receiving the counter notification.
If you believe that your work has been copied in a way that constitutes copyright infringement, and appears on the Site, please provide One World Journeys' copyright agent, designated below, the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted word that you claim has been infringed;
c. a description of where the material that you claim is infringing is on the Site;
d. your address, telephone number and email address;
e. 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;
f. 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 behalf of the copyright owner.
One World Journeys' agent for notice of claims of copyright infringement on the Site is head of Business Operations & Licensing who can be reached as follows:
FusionSpark Media, Inc. dba One World Journeys
Attention: Business Operations and Licensing
P.O. Box 160
Clinton, WA 98236
Phone: 360.341.2020
Fax: 360.341.2070
Email: feedback@oneworldjourneys.com
Since you are responsible for your Member Content and the consequences of its use and publication, you agree to indemnify and hold One World Journeys, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless from and against any and all claims, demands, and expenses, including attorneys' fees, made by any third party, due to or arising from: (a) your use of the Site or the Service (b) your violation of this Member Agreement (c) your violation of a third party's privacy rights (d) your violation or infringement of a third party's copyright, trademark, trade secret, patent, or other intellectual property rights (e) any libelous or unlawful material contained within your Member Content or (f) your violation of this Membership Agreement.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
FusionSpark Media, Inc., One World Journeys, and OneWorldJourneys.com and all related graphics, logos and service names are trademarks of FusionSpark Media, Inc. Third party trademarks used in connection with this service are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark. You should assume that all of the content or other works made available to you through the service (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any content without the express permission of the owner of that Content.
You acknowledge and agree that the Service and any necessary software used in connection with the service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by One World Journeys or advertisers, you agree not to modify, rent, lease, loan, sell distribute or create derivative works based on the service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by One World Journeys for use in accessing the Service.
One World Journeys is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the Internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties.
If you object to any portion of this Membership Agreement, or any subsequent modification thereto, or become dissatisfied with the Service, the Site, or any materials, data, text, images, video, audio, music, sound or other Site Content, or any transaction entered into through the Site or Service, your only recourse is to immediately discontinue use of the Service and notify One World Journeys of such termination. The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of this Membership Agreement, or any dissatisfaction with the Service or the Site.
One World Journeys reserves the right, in its sole discretion, to terminate all or a portion of the Service at any time and for any reason.
One World Journeys reserves the right, in its sole discretion, to terminate your membership in the Site, or to remove your Member Content (including unlisted, password protected and unassigned Member Content) or to edit, delete or remove any postings from the Site without prior notice for any cause or no cause in its sole discretion.
Any termination under any provision of this Membership Agreement may be effected without prior notice, and One World Journeys may immediately delete and discard all of your Member Content, and bar any further access to such files on the Site or through the Service. Upon any termination of your membership, or of this Membership Agreement, your right to use the Service will immediately cease. One World Journeys will have through the Service or any unread or unsent messages. One World Journeys may retain certain materials for administrative and other reasons.
All notices from a Member to One World Journeys shall be in writing, and shall be made or delivered to One World Journeys via email or conventional mail.
If you have any question about the Service, this Membership Agreement, please feel free to contact us at feedback@OneWorldJourneys.com.
This Membership Agreement shall be constructed and controlled by the laws of the State of Washington, excluding its conflict of law provisions. With the exception of One World Journeys' rights to pursue injunctive relief in any court of competent jurisdiction, you agree to submit to the exclusive jurisdiction of the state and federal courts of the State of Washington.
This Membership Agreement constitutes the entire agreement between you and One World Journeys with respect to the Service and your Member Content, and it supersedes any other agreement, proposals and communications, written or oral, between you and any One World Journeys representatives with respect to the Service and your Member Content.
If a court of competent jurisdiction holds that any provision of this Membership Agreement is illegal, unenforceable, or contrary to law, such provision shall be construed, as nearly as possible to reflect the original intent of this Membership Agreement, with the other provisions remaining in full force and effect.
Any failure by One World Journeys to exercise or enforce any right or provision of this Membership Agreement shall not constitute a waiver of such rights or provision unless One World Journeys acknowledges and agrees to it in writing.
One World Journeys may assign this Membership Agreement to any third party at its sole discretion. You shall not assign or sublicense the rights granted under this Membership Agreement without the prior written authorization of One World Journeys.
You and One World Journeys agree that any cause of action arising out of, or related to the Service or the Site must commence without one (1) year after the cause of action arose, otherwise, such cause of action is permanently barred.