TWAM - Terms of Use

Version of April 7, 2013

The following Terms and Conditions of Use (hereinafter referred to as the Conditions) govern your access to and use of the website www.travelwithamission.org, or any other website or mobile application or service (hereinafter referred to as the Services), provided by Travel with A Mission, an association duly constituted in accordance with law of July 1st 1901, France (hereinafter referred to as TWAM or we). By clicking “I agree” or registering to use our Services, you agree to be bound by these Conditions.

1. REGISTRATION AND ACCOUNT

1.1 You must be at least 16 years old to access or use the Services. By registering to use our Services, you confirm that you are at least 16 years old.

1.2 You will provide your real name and personal information and you hereby commit not to provide any false personal information. You also commit not to use any username that we in our sole discretion consider offensive.

1.3 You will create only one personal account and you will not create an account for anyone other than yourself without permission.

1.4 If you are using the Services on behalf of an entity, you warrant that you are duly authorized to accept these Conditions on such entity's behalf, and that such entity will be responsible for your violation of these Conditions.

1.5 You will not share your password with any person and will not let anyone use your account or do anything that may put at risk the security of your account.

1.6 You will update your personal information.

1.7 You will promptly notify TWAM if you discover or otherwise suspect any security breaches related to the Services.

1.8 You take full responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access.

2. SHARING CONTENT

2.1 The Services enable you to create, post, share or store messages, data, information, text, music, sound, photos, videos, graphics or other items or materials (hereinafter collectively referred to as Content). All Content posted is public and may be accessed or used by other users or persons, even if they are not registered as users. You are solely responsible for the Content shared or transmitted through your account.

2.2 TWAM is not responsible for any Content that you or other members post, transmit or store through the Services. We have no obligation to post Content from you or anyone else and we may, in our sole discretion, edit, remove or delete any Content without notice. If you become aware of Content that violates these Conditions, you may report it to TWAM. Enforcement of these Conditions, however, is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Conditions in other instances. In addition, these Conditions do not create a private right of action on the part of any third party or any reasonable expectation that the Services will not contain any Content that is prohibited by such rules.

2.3 You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services, Content that we believe, in our sole discretion:

a. is unlawful, libelous, defamatory, harassing, threatening, violent, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, national or international law;

b. contains nudity, sexually explicit content or is otherwise obscene, pornographic or indecent, or contains offensive language or images, or is otherwise objectionable;

c. may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;

d. promotes the use of illicit drugs, violence, or would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party.

e. contains unsolicited promotions, political messages, advertising or solicitations, without our prior written consent;

f. contains private or personal information about another person, unless such person has agreed to the disclosure of this information;

g. contains viruses, corrupted data or other harmful, disruptive or destructive files viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

h. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. You represent and warrant that you have the lawful right to distribute and reproduce Content posted by you;

2.4 If you post Content to our Services, you hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and fully sublicensable license to use, reproduce, display, perform, adapt, modify, create derivative works from, distribute, and promote such Content in any form, in all media form and for any purpose, including without limitation the right to use your name, likeness, voice or identity. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Services; (b) the Content is accurate and not misleading; and (c) the use and posting of the Content you supply does not violate these Conditions and will not violate any rights of or cause injury to any person or entity.

2.5 If you believe that anything on the Services infringes upon any copyright which you own or control, you may send a notification of such infringement to the following address: info@travelwithamission.org

3. THIRD-PARTY CONTENT

3.1 In using our Services, you may be exposed to Content from other members or third parties (hereinafter referred to as "Third-Party Content"), either on our Services or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with Third-Party Content, including without limitation, profiles of other members of our Services.

3.2 We may include Google Maps into the Services for facility reasons. By using this feature of the Services, you agree to be bound by Google's Terms of Use.

4. CONTACT WITH OTHER MEMBERS

4.1 The purpose of the Services provided by TWAM is to enable its users to enter into contact and communicate in order to share a knowledge, skill or experience with others by means of conferences, workshops or activities (hereinafter collectively referred to as TWAM Experiences) when travelling, with educational or cultural objectives. However TWAM cannot warrant that TWAM Experiences will always be satisfactory, nor gives faith of the conduct or suitability of a speaker or hosting entity, nor is responsible for the content of a TWAM Experience, and shall not be liable for any problem, dispute, misunderstanding, act of violence, offense, harassment, crime or any other undesirable situation that may arise from a TWAM Experience. Therefore:

a. You hereby acknowledge that TWAM merely provides a platform for its users to interact but is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization.

b. You are solely responsible for your interactions with other users of the Services. If you decide to interact in person with other users you are the sole responsible of organizing any communications, meetings, conferences, workshops or activities, and when doing so, you do it at your own risk.

c. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services.

d. We do not confirm the identity of each user and our tools do not enable to do so. You are solely responsible for determining the identity and suitability of others with whom you may interact through our Services.

e. Although we provide a tool enabling other users to rank their interactions with a user, this ranking is not a guaranty that a user is suitable or that his or her conduct will be appropriate.

f. We do not endorse any persons who use or register for the Services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the Services. We encourage you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.

4.2 If you interact with anyone through our Services, who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, we strongly encourage you to immediately report such person to the appropriate authorities and to us by contacting us using the form at Contact Us, or by email to info@travelwithamission.org, or by any other link created for said purpose.

4.3 We encourage you to report to us by email to info@travelwithamission.org any person or entity contacted through our Services that during a TWAM Experience uses violent language, has inappropriate conduct, promotes any kind of discrimination or violence, express undesirable political or religious views, uses a TWAM Experience for commercial purposes or for purposes other than the TWAM Experience agreed. However, you understand that we are not responsible or liable for our users' actions and we are not obligated to take any action.

4.4 In the event that you have a dispute with one or more users, you release us (and our officers, directors, members, employees, agents, representatives and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

5. CONDUCT

5.1 By accessing or using the Services, you agree to act responsibly, exercise good judgment and you agree not to:

a. use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;

b. infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;

c. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;

d. use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic or political or other nature not within the intended purposes of the Services);

e. stalk, intimidate, threaten or otherwise harass or cause discomfort to any other member of our Services;

f. collect or store any information about any other member other than as permitted on our Services;

g. use our Services for any commercial purpose whatsoever, unless with prior written consent from TWAM;

h. circumvent or attempt to defeat any security or verification measure relating to use of the Services;

i. hold yourself out as an agent, representative, employee or affiliate of TWAM, including but not limited to when you host an event for other TWAM members or sign up to be a TWAM Ambassador; or

j. assist any third party in doing any of the foregoing.

6. EVENTS

Users or users known as TWAM Ambassadors may organize events for users to interact from time to time in person. However, TWAM cannot control the identity or conduct of the persons or users attending to such events or meetings and when attending, you do it at your own risk. TWAM Ambassadors are neither agents nor representatives of TWAM and TWAM is not responsible or liable for any acts or omissions committed by them.

7. COPYRIGHT AND LIMITED LICENSE

7.1 Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the TWAM logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (hereinafter collectively referred to as "TWAM Content") are the proprietary property of TWAM or our licensors or members and are protected by French and international copyright laws.

7.2 You are granted a limited, non-exclusive and non-sublicensable license to access and use the TWAM Content; however, such license is subject to these Conditions and does not include: (a) any resale or commercial use of TWAM Content; (b) the distribution, public performance or public display of any TWAM Content; (c) modifying or otherwise making any derivative uses of the Services and TWAM Content, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services, TWAM Content or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the TWAM Content other than for their intended purposes. Any use of the Services or the TWAM Content other than as specifically authorized herein, without the prior written permission of TWAM, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

8. TRADEMARKS

“Travel With A Mission", the TWAM logos and any other TWAM service name or slogan contained on the Services are trademarks of TWAM and may not be copied, imitated or used, in whole or in part, without the prior written permission of TWAM or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Travel with a mission" or any other name, trademark or product or service name of TWAM without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TWAM and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. Any authorized use of these trademarks must be in accordance with guidelines that TWAM may provide you from time to time.

9. HYPERLINKS

You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray TWAM or any of our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a TWAM logo or other proprietary graphic of TWAM to link to the Services without the express written permission of TWAM. Further, you may not use, frame or utilize framing techniques to enclose any TWAM trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without TWAM's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of TWAM or any third party.

10. SUGGESTIONS

We welcome your questions, comments, suggestions and ideas about TWAM (the Suggestions) that may help to improve the Services. You hereby agree that any Suggestions made by you are given in good faith and you shall not expect any compensation or remuneration from TWAM in exchange. By giving Suggestions you hereby agree that TWAM may use or follow said Suggestions without providing you any remuneration or compensation, and said use by TWAM shall not constitute a violation of any right. TWAM shall be entitled to the unrestricted use and dissemination of Suggestions for any purpose, commercial or otherwise.

11. TERMINATION AND INFRINGER POLICY

11.1 We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Conditions), with or without prior notice and at any time:

a. terminate your access to our Services,

b. deactivate or delete your account and all related information and files in such account and/or

c. bar your access to any of such files or Services.

11.2 TWAM may terminate in TWAM’s sole discretion, users who are deemed to be infringers. TWAM may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.

12. DISCONTINUANCE OF SERVICES

We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

13. USERS' REPRESENTATIONS AND WARRANTIES

13.1 You hereby represent and warrant that you have the full power and authority to enter into and perform under these Conditions. If you are using our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Conditions on such entity's behalf.

13.2 You hereby represent and warrant that you will use our Services in a manner consistent with any and all applicable local, national and international laws and regulations.

13.3 You hereby represent and warrant that you will not use the Services if the laws of your country prohibit you from doing so in accordance with these Conditions. By using the Services, you represent and warrant that such use will not violate, or cause us to violate, the laws of your country.

14. DISCLAIMER OF WARRANTIES

14.1 If you use our Services, you do so at your sole risk. Our Services are provided on an “as is” and “as available” basis. We expressly disclaim, and you waive, all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Services, including the information, Content and materials contained therein.

14.2 We do not represent or warrant that:

a. Our Services will meet your requirements;

b. Our Services will be uninterrupted, timely, secure, or error-free;

c. Any information that you may obtain through our Services will be accurate or reliable;

d. The quality of any products, Services, information or other material purchased or obtained by you through our Services will meet your expectations;

e. Any information you provide or we collect will not be disclosed to third parties; or

f. Any errors in any data or software will be corrected.

14.3 If you access or transmit any content through the use of our Services, you do so at your own discretions and your sole risk. You are solely responsible for any loss or damage arising out of such access or transmission; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.

14.4 No data, information or advice obtained by you in oral or written form from us, or through or from our services will create any warranty not expressly stated in these Conditions.

15. LIMITS ON LIABILITY

15.1 In no event shall TWAM, or our directors, representatives, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, even if we have been advised of the possibility of such damages, arising from or relating to:

a. The use or inability to use our services;

b. The cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into ahrough or from our services;

c. Disclosure of unauthorized access to or alteration of your content;

d. Damages for loss or corruption of data or programs, service interruptions or procurement of substitute services, even if we know or have been advised of the possibility of such damages;

e. Statements, conduct or omissions of any service providers or other third party on our services;

f. Your or anyone else’s conduct or acts in connection with the use of the Services, including without limitation, bodily injury, emotional distress, death or any other damages resulting from communications or meetings with other registered users of our services or persons introduced to you by our Services, whether on-line or off-line; or

g. Any other matter arising from, relating to our connected with our Services or these Conditions.

15.2 We shall not be liable for any failure or delay in performing under these terms, whether or not such failure or delay is due to causes beyond our reasonable control.

15.3 In no event will our aggregate liability to you or any third party in any matter arising from or relating to our services or these Conditions exceed the sum of Fifty Euros (50.00 €).

16 INDEMNITY

16.1 You shall defend, indemnify and hold harmless TWAM (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of our Services; (b) any User Content or Suggestions you provide; (c) your violation of these Conditions; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.

16.2 Further, if you are using the Services on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and TWAM for violations of these Terms in accordance with this Section. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

17. GOVERNING LAW AND DISPUTES

17.1 These Conditions shall be interpreted in accordance with the laws of France, without regard to conflict-of-law principles.

17.2 You and TWAM agree that you will notify each other of any dispute within thirty (30) days of when it arises and that you will attempt informal resolution prior to any demand for litigation in court.

17.3 If you and TWAM decide to solve a dispute by arbitration, you hereby agree that said arbitration will occur in France and shall be conducted confidentially by a single arbitrator. You and TWAM also agree that the French courts have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.

17.4 In the event the Parties shall not reach an agreement pursuant to the above, any claim, cause of action or dispute (hereinafter referred to collectively as claim) you have with TWAM arising out of or relating to this Conditions shall be resolved exclusively in a French court. You hereby agree to submit to the personal jurisdiction of the courts located in France for the purpose of litigating all such claims.

18. MISCELLANEOUS.

18.1 Entire Agreement. These Conditions contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter.

18.2 Amendments. TWAM reserves the right to amend these Conditions from time to time without notice and in its sole discretion, and you hereby agree to be bound by any new version of these Conditions and waive any right to receive any notice of change in these Conditions. Your access or use of the Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Accordingly, you should frequently review these Conditions to be informed of any modifications in the terms that govern your use to the Services.

18.3 Waiver. Our failure or delay in exercising any right, power or privilege under these Conditions shall not operate as a waiver thereof.

18.4 Severability. The invalidity or unenforceability of any of these Conditions shall not affect the validity or enforceability of any other of these Conditions, all of which shall remain in full force and effect.

18.5 Assignment. You may not assign any of your rights or obligations under these Conditions without prior written consent from TWAM. TWAM may assign any or all of its rights under these Conditions, in whole or in part, without obtaining your consent or approval.

18.6 Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.

18.7 Survival. Sections 2, 3, 4, 5, 6, 7, 8, 10, 13, 14, 15, 16, 17 and this Section 18 shall survive any termination or expiration of these Terms.