Terms of Service

WildVoice Terms of Service

Last modified: August 2022

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE SERVICE. BY CREATING AN ACCOUNT (AS DEFINED BELOW) OR BY ACCESSING OR USING THE SERVICE OR ANY CONTENT OFFERED THROUGH ANY APPLICATION OR WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICE. IF YOU WERE USING A BETA VERSION OR OTHER VERSION OF THE SERVICE OFFERED PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, THESE TERMS ALSO APPLY TO YOUR PAST USE OF THAT BETA OR OTHER VERSION OF THE SERVICE.

PLEASE REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN YOU AND WILDVOICE BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WILDVOICE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST WILDVOICE. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Acceptance of the Terms of Service

These Terms of Service (the “Terms”) are a binding legal agreement between you and WildVoice that govern your right to use the websites, applications, and other offerings from WildVoice (collectively, the “WildVoice Platform” or the “Service”). When used in these Terms, “WildVoice”, “we”, “us”, “our” or the “Company” refers to the WildVoice entity set out on Schedule 1 with whom you are contracting.

WildVoice is a wildlife experience company that promotes ecotourism with a mission to drive more humans into nature by making it easy to find, browse and book activities with premier eco-friendly operators around the world. The WildVoice Platform offers an online venue that enables users (“Users”) to search for and book activities, excursions, and events (“Activities”) offered by a curated list of conservation-focused travel and activity suppliers (“Operators”), where each Activity offered by an Operator is a Listing. You must register for an account to access and use many features of the WildVoice Platform, and must keep your account information accurate. As the provider of the WildVoice Platform, WildVoice does not own, control, offer or manage any Operator, Activity or Listing. WildVoice is not a party to the contracts entered into directly between Operators and Users, nor is WildVoice a travel agency or insurer. WildVoice is not acting as an agent in any capacity for any Operator or User.

If you are using the Service on behalf of another person or entity (the “Principal User”), then you personally represent and warrant to us that the Principal User has authorized you to act on the Principal User’s behalf and to obligate the Principal User to be bound by these Terms; you hereby agree to these Terms in the name of and on behalf of the Principal User. Except in the prior sentence, as used in these Terms (and the Privacy Policy and any other policies), “you” refers to the Principal User on behalf of whom the service is used.

By using the WildVoice Platform, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the WildVoice Platfrom.

As a condition to your use of the WildVoice Platform, you warrant that:

You are at least 18 years of age;
You possess the legal authority to create a binding legal obligation;
You will only use the WildVoice Platform to make legitimate reservations for you or another person for whom you are legally authorized to act;
You will inform such other persons about the Terms that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
All information supplied by you on the WildVoice Platform is true, accurate, current and complete; and
If you have an account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you or anyone other than you.

We retain the right at our sole discretion to deny access to anyone to the WildVoice Platform, at any time and for any reason, including, but not limited to, for violation of these Terms.

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the WildVoice Platform thereafter.

Your continued use of the WildVoice Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you. Your continued use of the WildVoice Platform will be deemed as irrevocable acceptance of any revisions.

Accessing the Service and Account Security

We reserve the right to withdraw or amend the WildVoice Platform in our sole discretion without notice. We will not be liable if for any reason all or any part of the WildVoice Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the WildVoice Platform, or the entire WildVoice Platform, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the WildVoice Platform.
Ensuring that all persons who access the WildVoice Platform through your internet connection are aware of these Terms and comply with them.

To access the WildVoice Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the WildVoice Platform that all the information you provide on the WildVoice Platform is correct, current and complete. You agree that all information you provide to register with the WildVoice Platform or otherwise, including but not limited to through the use of any interactive features on the WildVoice Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the WildVoice Platform or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Searching and Booking on WildVoice

You can search for Activities by using criteria like the location, activity dates, pricing, or activity type. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous Activities and saved Listings, and more.

When you book an Activity, you are agreeing to pay all charges for your booking including the Activity price, applicable fees like WildVoice’s service fee, equipment rental fees if required, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”) along with potential fees for changed or cancelled reservations charged by the Operator. When you receive the booking confirmation, a contract for the Activity (a “Reservation”) is formed directly between you and the Operator.

In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation, as specified by the Operator. It is your responsibility to read and understand these rules, standards, policies, and requirements set forth by the Operator prior to booking an Activity.

In addition, you are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Operator of any medical or physical conditions, or other circumstances that may impact your ability to participate in the Activity. Except where expressly authorized, you may not allow any person to join an Activity unless they are included as an additional guest during the booking process.

Cancellations, Refunds and Booking Modifications

Cancellations and refunds are handled on a per-case basis at the discretion of the Operator based on the Operator rules and policies.

If a booking modification is needed, although WildVoice serves as the point of contact for the User and will attempt to assist the User with a booking modification for a Reservation, it is ultimately between the Operator and the User to agree on any modification or change of Reservation terms. This may also include rebooking fees to be paid to the Operator and the User agrees to pay any additional amounts, fees, or taxes associated with any booking modification.

Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Activity. You are responsible for complying with the Operator’s policies, procedures and rules, and are subject to any Operator’s decisions regarding the Activity, including assessing damage fees against you or terminating your participation in the Activity.

Assumption of Risk

YOU ACKNOWLEDGE THAT MANY ACTIVITIES CARRY INHERENT RISKS AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WILDVOICE PLATFORM, PARTICIPATION IN ANY ACTIVITY, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE. THIS MEANS IT IS YOUR RESPONSIBILITY TO INVESTIGATE ANY OPERATOR OR ACTIVITY TO DETERMINE WHETHER IT IS SUITABLE FOR YOU. FOR EXAMPLE, ACTIVITIES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE ACTIVITIES.

Intellectual Property Rights

The WildVoice Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the WildVoice Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the WildVoice Platform, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the WildVoice Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the WildVoice Platform or any services or materials available through the WildVoice Platform.

If you wish to make any use of material on the WildVoice Platform other than that set out in this section, please address your request to: notices@wildvoice.co.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the WildVoice Platform in breach of the Terms, your right to use the WildVoice Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the WildVoice Platform or any content on the WildVoice Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the WildVoice Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks

The Company name, its trademarks, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the WildVoice Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the WildVoice Platform only for lawful purposes and in accordance with these Terms. You agree not to use the WildVoice Platform:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the WildVoice Platform, or which, as determined by us, may harm the Company or users of the WildVoice Platform or expose them to liability.

Additionally, you agree not to:

Use the WildVoice Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the WildVoice Platform, including their ability to engage in real time activities through the WildVoice Platform.
Use any robot, spider or other automatic device, process or means to access the WildVoice Platform for any purpose, including monitoring or copying any of the material on the WildVoice Platform.
Use any manual process to monitor or copy any of the material on the WildVoice Platform or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the WildVoice Platform.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the WildVoice Platform, the server on which the WildVoice Platform is stored, or any server, computer or database connected to the WildVoice Platform.
Attack the WildVoice Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the WildVoice Platform.

User Contributions

The WildVoice Platform may contain interactive features (“Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials, including reviews of Activities or Operators (collectively, “User Contributions”) on or through the WildVoice Platform.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the WildVoice Platform, you grant us our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the WildVoice Platform.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the WildVoice Platform or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the WildVoice Platform.
Terminate or suspend your access to all or part of the WildVoice Platform for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the WildVoice Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the WildVoice Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please follow the below instructions to send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Please forward the following information in writing to the Copyright Agent at the address listed below:

Your name, address, telephone number, and e-mail address;
A description of the copyrighted work that you claim has been infringed;
The exact URL or a description of each place where alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent:
WildVoice
Email: notices@wildvoice.co

WildVoice seeks to preserve any and all exemptions from liability that may be available under the copyright law but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

Reliance on Information Posted

The information presented on or through the WildVoice Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the WildVoice Platform, or by anyone who may be informed of any of its contents.

This WildVoice Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the WildVoice Platform

We may update the content on this WildVoice Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the WildVoice Platform may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the WildVoice Platform

All information we collect on this WildVoice Platform is subject to our Privacy Policy. By using the WildVoice Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the WildVoice Platform and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This WildVoice Platform may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the WildVoice Platform.
Send e-mails or other communications with certain content, or links to certain content, on the WildVoice Platform.
Cause limited portions of content on the WildVoice Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the WildVoice Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the WildVoice Platform other than the homepage.
Otherwise take any action with respect to the materials on the WildVoice Platform that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the WildVoice Platform

If the WildVoice Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the WildVoice Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the WildVoice Platform is based in the state of Delaware in the United States. We provide the WildVoice Platform for use only by persons located in the United States. We make no claims that the WildVoice Platform or any of its content is accessible or appropriate outside of the United States. Access to the WildVoice Platform may not be legal by certain persons or in certain countries. If you access the WildVoice Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the WildVoice Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WILDVOICE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WILDVOICE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WILDVOICE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WILDVOICE PLATFORM IS AT YOUR OWN RISK. THE WILDVOICE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WILDVOICE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WILDVOICE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WILDVOICE PLATFORM, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WILDVOICE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED ORTHAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE WILDVOICE PLATFORM ORANY SERVICES OBTAINED THROUGH THE WILDVOICE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN ADDITION, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY OPERATOR, ACTIVITY OR LISTING.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WILDVOICE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WILDVOICE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WILDVOICE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the WildVoice Platform, including, but not limited to, your User Contributions, any use of the WildVoice Platform’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the WildVoice Platform.

Governing Law and Jurisdiction

All matters relating to the WildVoice Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the WildVoice Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in the County of Miami-Dad although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At the Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms or the WildVoice Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WILDVOICE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and WildVoice with respect to the WildVoice Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the WildVoice Platform.

Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the WildVoice Platform should be directed to:

Address: Front Beach Road #97700, Panama City Beach, 32407

Email: notices@wildvoice.co

Phone: (866) 945-3915 | (305) 925-9949