This User Agreement (“Agreement”) has been provided in English (US). To the extent a translated version conflicts, the English (US) version controls.
This Agreement is a legally binding contract between you and Wonderspaces, Inc. (“Wonderspaces”, the “Company”, “We” or “Us”) regarding your visit to and use of its websites (including but not limited to www.wonderspaces.com or any other affiliated site) and the various products and services (“Services”) referenced on its websites (the “Site(s)”), excluding any services provided to you by the Company under a separate agreement. Your access to and use of the Site(s) and Services is conditioned upon your acceptance of this Agreement. By accessing the Site(s), you acknowledge and accept, without limitation or qualification, the terms of this Agreement and the Statement of Privacy (link), which is hereby incorporated by reference, including any changes or modifications to these agreements that may be made by the Company from time to time (as permitted below).
To purchase the products and Services using the payment method displayed on the Site(s), you must be 18 years of age or over. By entering and using the Site(s), you confirm that you possess the legal authority to enter into the conditions of use for the Site(s), including instructing the Company to collect any payments from a credit or debit card, and to use the Site(s) in accordance with all terms and conditions. You confirm that all information supplied by you in using the Site(s) is true and accurate, and not in violation of any contractual restrictions or other third party rights.
As a user of the Sites, you are granted a nonexclusive, nonassignable, nontransferable, revocable, limited license for the sole purpose of accessing and using the Services in accordance with the Agreement.
Intellectual Property Notices
Trademarks. All trademarks and service marks used on the Site(s) belong to Wonderspaces or its affiliates, except third party trademarks and services marks, which are the property of their respective owners. You are not authorized to use any such trademarks without Wonderspaces’s or the respective owners’ express written consent.
Copyright. It is understood that the Site(s), including, all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials, whether publicly posted or privately transmitted, are the sole exclusive property of Wonderspaces, its affiliates or its third party licensors, and are protected by international copyright laws and other intellectual property rights. You may download or print individual pages of the Site(s) for your personal use; provided that you do not modify or delete any of copyright and other proprietary notices on those pages. Notwithstanding the foregoing, Wonderspaces cannot guarantee the accuracy, reliability or quality of any such information. This Site’s content may have originated from Wonderspaces or its affiliates or third parties and is made available to you as a courtesy to assist you in making an informed decision. This Site’s content is present only as of the date published or indicated and may be superseded by subsequent events or for other reasons.
Because the Services are web-based and rely upon the transmission of information over the Internet, safety cannot be guaranteed. Any information provided to the Company is at your own risk of loss.
Permitted Use of the Site(s)
By using the Site(s), you agree at all times to comply with all applicable laws when using the Site(s) or Services and to use the Site(s) in a manner consistent with this Agreement.
Improper Use of the Site(s)
You will not upload onto the Site(s), or otherwise use the Site(s) or any products, images or services provided by Wonderspaces, any destructive or unlawful purposes including, but not limited to, the dissemination of computer viruses, libelous or inflammatory materials, pornographic or obscene information, invasive of privacy, stalking or harassment, abuse, tortious conduct, hateful or racially, ethnically or otherwise objectionable material, or any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties. You are prohibited from downloading any portion of the operating software for the Site(s) or otherwise controlling its operation. You will not use any network monitoring or discovery software to determine the site architecture, or extract content or information about usage, users, or route schedules. You will not impersonate any person or entity, including, without limitation, one of Wonderspaces’s employees, or falsely state or otherwise misrepresent your affiliation with a person or entity. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site(s). You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, using the Site(s). You willnot use any “robot” “spider” “crawler” “harvesting bot” or “scraper” or other automatic device or a program, algorithm or methodology having similar processes of functionality or any manual process to monitor or copy any of the Site(s) or any information found on the Site(s). You will not upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment using the Site(s). You will not interfere with or disrupt the Site(s) or servers or networks connected to the Site(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Site(s). You will not engage in activity that could disable, overburden, or impair the operation of the Site(s), such as a denial of service attack. You will not collect or store personal data about other users of the Site(s). You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site(s) or any products or services referenced on the Site(s). You may not obtain or attempt to obtain unauthorized or illegal access to any portions of the Site(s) or any other protected materials or information requiring passwords or login, through any means not intentionally made available by Wonderspaces for your specific use. IMPROPER USE OF THE SITE(S) OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED ON THE SITE(S) MAY RESULT IN OUR TERMINATING YOUR ACCESS TO THE SITE(S) AND/OR SERVICES, AS WELL AS CIVIL AND CRIMINAL LIABILITIES.
Account Registration and Security
Some portions of the Site(s) may require user registration and be protected by passwords and/or require a login. If you have been given a password or other PIN for access to non-public areas of the Site(s), you are solely responsible for all activities occurring in connection with or originating from such password on PIN. You should take steps to protect the confidentiality of such password or PIN and notify Wonderspaces immediately if you become aware of any disclosure, loss, theft or unauthorized use. You will not provide any false or misleading personal information on the Site(s) or create an account for anyone other than yourself without permission. You will not create more than one personal profile. You warrant and represent that you are not a competitor of the Company and are not using the Site(s) or Services for grounds that are in competition with the Company. If the Company disables your account, you will not create another one without prior permission.
Service Operation and Obligations
We will try to keep the Site(s) accessible but cannot guarantee that the Site(s) will operate continuously or without interruptions or be error free. Wonderspaces reserves the right at any time and from time to time to modify or suspend, temporarily or permanently, the Site(s) or any products or services offered on the Site(s), or your access thereto, with or without notice. You agree that Wonderspaces shall not be liable to you or to any third party for any modification, suspension, discontinuance or unavailability of the Site(s) or any products or services offered on the Site(s).
By submitting ideas, feedback, suggestions, tips and/or proposals (“contributions”) to the Company, you acknowledge and agree that: (1) the contributions do not contain confidential or proprietary information; (2) the Company is not obliged to maintain the express or implied confidentiality of the contributions; and (3) you are not entitled to compensation or reimbursement of any kind. If you submit contributions, we may use them without obligation to you.
Credit Card Payments
All payment transactions are processed through Showclix, a secure payment processing provider (together with its affiliates, the “Payment Providers”). Your credit/debit card and related personal details are collected by the Payment Providers in order to process your order and subject to the terms and conditions of the Payment Providers’ user agreements and terms. More details regarding the Payment Providers’ terms and conditions and privacy and security policies can be found by visiting https://www.showclix.com.
You agree that you are responsible for all charges incurred by your use of the Site(s), including all bookings. You expressly authorize Wonderspaces and the Payment Providers to charge any credit card provided by you or listed on your account for any outstanding fees or costs due to Wonderspaces. If the credit/debit card holder for bookings is not you, it will be your responsibility to ensure that you have the card holder’s consent before entering any related details, and that such details when entered are true and accurate in all respects.
This information published on the Site(s) is provided as a courtesy to visitors and should be used for information purposes only. While Wonderspaces uses all reasonable efforts to ensure that the information contained on the Site(s) is current, accurate and complete at the date of publication, no representations or warranties are made (express or implied) as to the reliability, accuracy, timeliness, or completeness of such information. Wonderspaces is not liable for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on the Site(s). THE INFORMATION ON THE SITE(S) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY OF DATA. UNDER NO CIRCUMSTANCES WILL WONDERSPACES BE LIABLE IN ANY WAY FOR ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE(S). YOU AGREE THAT WONDERSPACES AND ANY OF ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE, DATA, ACCOUNT INFORMATION, COST OR PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE DELAY OR INABILITY TO ACCESS OR USE THE SITE(S) OR ANY OF THE PRODUCTS OR SERVICES OFFERED ON THE SITE(S), EVEN IF WONDERSPACES IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY STATED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
The Site(s) may provide, or third parties may provide, links to other websites or resources. The information provided to you in the links on the Site(s) are provided solely for informational purposes only. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Wonderspaces.
Your correspondence or business dealings with, or participation in promotions of, any advertisers or other persons found on or through your use of the Site(s), including payment and delivery of related goods or services and contracts for services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or persons. You agree that Wonderspaces shall not be held responsible or liable for any loss or damage of any sort sustained as the result of any such dealings or as the result of the presence of such advertisers or persons in conjunction with the Site(s). Unless you have agreed otherwise in writing with Wonderspaces, links from another website to the Site(s) must resolve to the top-level homepage only.
Modifications to the Content and Product Offerings on the Site(s)
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspects of the Site(s) or the content or the products or services available through the Site(s) without prior notice. Unless explicitly stated otherwise, any new feature, content, products and services offered on the Site(s) shall be subject to these terms and conditions and any other additional terms and/or conditions applicable to any particular product or service offered on the Site(s), as may be identified on the Site(s). You should ascertain the appropriateness of each product or service as it may pertain to your intended purposes and needs.
You agree that any claim, charge, investigation, cause of action or dispute (“claim”) against the Company and/or its affiliates, subsidiaries, officers, directors, employees or agents, arising out of or relating to the use and operation of the Site(s) will be governed by the laws of the State of California , without regard to conflict of law provisions and regardless of your country of origin or access point of the Services. You agree that all claims you may have arising from or relating to the operation or use of the Site(s) will be heard and resolved in the courts of Marina Del Rey, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. You agree that any claim against Wonderspaces under this Agreement shall be brought within one year from when the claim arose. Any claim not brought within such period of time shall be deemed waived. Your access to and use of the Site(s) is subject to your compliance with the terms of this Agreement and all applicable law. Use of the Site(s) is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. Notwithstanding the above, you agree that the Company shall still be allowed to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
As a condition of your permitted use of the Site(s), you agree to indemnify, defend and hold Wonderspaces and its subsidiaries, affiliates, officers, directors, agents, licensors, co-branders or other partners, and employees, harmless from any claim, including reasonable attorneys’ fees, made by any third party due to or arising out of any information that you submit, post to or transmit through the Site(s), your use of or connection to the Site(s), your violation of this agreement, or your violation of any rights of a third party.
Notice and Service of Process
You may contact us via mail or courier at Wonderspaces, Inc., A Registered Agent Inc., 8 The Green, Ste A, Dover, DE 19901. Any notices that you provide without compliance with this Agreement or section shall have no legal effect.
Wonderspaces maintains the right to amend the terms of this Agreement at any time in its sole discretion by posting a change notice to this page. Your continued use of the Sites and Services following the posting of a change notice will constitute binding acceptance of all changes. You acknowledge and agree that it is your responsibility to review this Agreement periodically and become aware of modifications.
This Agreement makes up the entire, complete, and exclusive agreement between you and us regarding the Site(s) and Services, and supersedes prior agreements, representations and understandings, whether oral, written or established by custom, practice, policy or precedent. Failure or delay by the Company to enforce an obligation or exercise a right under this Agreement does not constitute a waiver of that obligation or right. The Company reserves the right to seek any and all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the Site(s). If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable by a court of competent jurisdiction for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. Any waiver by the Company of this Agreement must be made in writing and signed by the Company. All of the Company’s rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. If Wonderspaces or its affiliates take action to enforce this Agreement, such parties shall be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and court costs, in addition to any other relief, at law or in equity, to which such parties may be entitled. The Company reserves all rights not expressly granted to you.
If you have any questions, comments or suggestions, see the “Contact Us” page of the Site(s) for details.
Date of Effectiveness: May 18, 2018