TERMS OF USE

Updated as of March 20, 2020

 

Welcome, and thanks for choosing UpJaunt mobile App (“UpJaunt”, “UpJaunt Service”, “Service”) and the related UpJaunt.COM website (“UpJaunt”, “UpJaunt Service”, “Service”) brought to you by OpenJaunt INC.

UpJaunt provides a unique way to engage with travel itineraries (Jaunts) which travelers and influencers alike, create and share based on their personal experience and tastes. Travelers discover these Jaunts both before and at a destination and experience the jaunts as they travel, with the Service recommending the Jaunts that match the travelers’ tastes.

The UpJaunt Service is one of the products provided to you by OpenJaunt, Inc. (“the Company”, “we”, “us”, “OpenJaunt”, “UpJaunt”). These Terms and Conditions of Use therefore constitute an agreement between you and OpenJaunt, Inc.  

BY ACCESSING AND USING THIS SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISION OF THIS AGREEMENT. IN ADDITION, WHEN USING THE SERVICE, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO SUCH SERVICES. ANY PARTICIPATION IN THIS SERVICE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SERVICE

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. DETAILS OF ARBITRATION ARE DISCUSSED IN A SECTION BELOW CALLED ‘OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE’.

The UpJaunt Service

We agree to provide you with the UpJaunt Service. The Service includes all of the UpJaunt products, features, applications, services, technologies, and software that we provide to advance UpJaunt's mission: To bring you travel experiences that you can discover, take and share with others so they may benefit from your experience while doing their own travel. The Service is made up of the following aspects (the Service):

  • Offering personalized travel opportunities, resourcing the travel, and helping you share your custom jaunt.
    Travel is a knowledge discovery activity. We build systems that try to understand who and what you and others like you care about, and use that information to help you create, find, join, and share in experiences that matter to you. Part of that is highlighting Jaunts, features, offers, and travelers you might be interested in, and offering ways for you to improve your experience with UpJaunt, based on things you and others do with UpJaunt.

  • Fostering a positive, inclusive, and safe environment.
    We develop and use tools and offer resources to our community members that help to make their travel experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have, including your information, to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement. Learn more in the privacy policy.

  • Developing and using technologies that help us serve our growing community.
    Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service

  • Providing consistent and seamless Travel experience in partnership with other Products.
    We use technology, systems, insights, and share information-including the information we have about you (Learn more in the privacy policy) in order to provide services that are better, safer, and more secure. We work with platform service providers, like Google Analytics, Google Maps, Uber, and others to provide more seamless services to make travel fun and efficient. Please refer to Google’s (terms and privacy policy) and Uber’s (terms and privacy policy) which apply to their use via UpJaunt.

  • Ensuring a stable global infrastructure for our Service.
    To provide our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. This infrastructure may be owned or operated by OpenJaunt INC.

  • Connecting you with brands, products, and services in ways you care about.
    We use data from UpJaunt and third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. We try to make that content relevant and beneficial to you.

  • Research and innovation.
    We use the information that we have only to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

THE PRIVACY POLICY

Providing our Service requires collecting and using your information. The privacy policy explains how we collect, use, and share information. You must agree to the Privacy Policy to use UpJaunt.

YOUR COMMITMENTS

In return for our commitment to provide the Service, we require you to make the below commitments to us.

 

Who Can Use UpJaunt. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the UpJaunt community.

  • You must be at least 17 years old.

  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments-related Services if you are on an applicable denied party listing.

  • We must not have previously disabled your account for violation of law or any of our policies.

  • You must not be a convicted sex offender.

  • For the time being you may use the UpJaunt for traveling to destinations within the United States only.

How You Can't Use UpJaunt. Providing a safe and open Service for a broad travel community requires that all participants of the UpJaunt Service behave responsibly.

  • You can't impersonate others or provide inaccurate information.
    You don't have to disclose your identity on UpJaunt, but you must provide us with accurate and up to date information (including registration information).
    Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.

  • You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.

  • You can't violate (or help or encourage others to violate) these Terms or our policies. Report conduct or content to support@upjaunt.com.

  • You can't do anything to interfere with or impair the intended operation of the Service.

  • You can't attempt to create accounts or access or collect information in unauthorized ways.
    This includes creating accounts or collecting information in an automated way without our express permission.

  • You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.

  • You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.

  • You can't use a domain name or URL in your username without our prior written consent.

Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.

  • We do not claim ownership of your content, but you grant us a license to use it.
    Your content including, Jaunts you create, photographs and videos taken with UpJaunt or uploaded, text you create, conversations you have, you grant us license to use. For the benefit of the community, Jaunts you create are shared with the community. Any personal content such as photographs and videos you choose to make public may be shared along with the jaunt. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like jaunts, photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account, with the exception of jaunts which become community property. However, personal content, such as shared travel photographs and videos, or any compilation UpJaunt may have generated to enhance the shared experience, will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the privacy policy.

  • Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
    You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on UpJaunt, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on UpJaunt. As with actions on other content and follows of other travelers, actions on sponsored content and follows of sponsored jaunts can be seen only by the App’s community of users, either to see that content or follow it. We will also respect your ad settings. You can learn more in our privacy policy about your ad settings.

  • You agree that we can notify you of any updates to the App. You also agree to update installs, particularly when then relate to security updates, which if not done may negatively impact you and the collective community of users. We will, unless opted out by you, download and install updates to the Service on your device on your behalf.

 

ADDITIONAL RIGHTS WE RETAIN

  • If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).

  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

  • You can only use our intellectual property and trademarks or similar marks by requesting permission at C or with our prior written permission.

  • You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

 

CONTENT REMOVAL AND DISABLING OR TERMINATING YOUR ACCOUNT

  • We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies, including our Privacy Policy, or when we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use and Privacy Policy, or if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact support@upjaunt.com.

  • Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted.

DISCLAIMERS

The following disclaimers are made on behalf of OpenJaunt, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

UpJaunt is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the UpJaunt Services. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the UpJaunt Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the service will be corrected, or that the service is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the services.

UpJaunt is not responsible for claims made by other Travelers, Influencers of Jaunts and providers of services offered. We do not procure insurance for, nor are we responsible for claims made. By using UpJaunt and participating in the Services, you agree to accept such risks and agree that UpJaunt is not responsible for the acts or omissions of Users on UpJaunt or their participating in the Service.

You are responsible for the use of your User account and UpJaunt expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through  UpJaunt (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on or through UpJaunt . Please carefully select the type of information that you post on UpJaunt or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning UpJaunt or made available through the UpJaunt, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on UpJaunt or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the UpJaunt Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by UpJaunt is to enable map visualization, travel recommendation, navigation, and is considered best effort with no guarantee of accuracy. It is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither UpJaunt, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by UpJaunt. Any of your Information, including geolocational data, you upload, provide, or post on UpJaunt, may be accessible to UpJaunt and other Users of UpJaunt when made available through shared resources, such as jaunts.

You should use UpJaunt with a data plan with unlimited or very high data usage limits, and we shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access UpJaunt.

This paragraph applies to any version of the UpJaunt that you acquire from the Apple App Store. This Agreement is entered into between you and UpJaunt. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the UpJaunt. UpJaunt, not Apple, is solely responsible for the UpJaunt Service and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

As a traveler, you may be using the Google Maps Service while using UpJaunt. By the  acceptance of UpJaunt Terms of Use, you agree that Google may collect your location data when UpJaunt is running in order to provide and improve Google's services, that such data may also be shared with UpJaunt in order to improve its operations, and that Google's terms and privacy policy will apply to this usage. In the event that Google Maps is not available on your device and when you seek navigation help, the UpJaunt directions feature may result in the launch of Apple Maps. In this event you agree to the terms and privacy policy of Apple Apple’s Licensed Application End User License Agreement. You also agree that in the event you use Uber that Uber may collect your location data when you request a rideshare, and that the Uber’s terms and privacy policy will apply to this usage.

OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE

Our Agreement

  • If you use certain other features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. For example, if we provide a payment feature in the future, you may be asked to agree to a “Community Payment Terms”. If any of those terms conflict with this agreement, those other terms will govern.

  • If any aspect of this agreement is unenforceable, the rest will remain in effect.

  • Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.

  • We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement

  • This agreement does not give rights to any third parties.

  • You cannot transfer your rights or obligations under this agreement without our consent.

  • Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who Is Responsible if Something Happens

  • Since our service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

  • We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

  • Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

  • You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

How We Will Handle Disputes

 

  • Either you or we may start arbitration proceedings. Any arbitration between you and UpJaunt will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and UpJaunt agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. UpJaunt can also help put you in touch with the AAA.

  • Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

  • If you choose to file an arbitration proceeding and you are required to pay a filing fee, UpJaunt will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. UpJaunt will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Filing Notice to UpJaunt can be e-mailed to support@upjaunt.com with Subject Line: “UpJaunt Arbitration Filing”. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or UpJaunt may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or UpJaunt shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award amount that is greater than the value of UpJaunt’s last written settlement offer, then UpJaunt will pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

Unsolicited Material

We always appreciate feedback and suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

 

UPDATING THESE TERMS

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can follow the instructions on how to remove your profile.

© 2020 OpenJaunt Inc. All rights reserved. Terms and conditions and features subject to change without notice. By accessing and using this page you agree to the Terms of Use.