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Terms of Use
Welcome to Wanderlust-Social.com, the website and online service of Tripsy Travel LLC (“Wanderlust Social,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Wanderlust Social PRIVACY POLICY whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”)
Welcome, here are the terms that you agree to when using Wanderlust Social.
There are a few other documents that may be applicable depending on how you use the Service. Be sure to read our full policies on www.wanderlust-social.com
Please read this agreement carefully to ensure that you understand each provision.
1. Use of Our Service
Our Service in a nutshell. Wanderlust Social operates an online marketing platform and media licensing service that empowers our users, members, travel entrepreneurs, travel agents, travel influencers, travel vloggers, and others to design and collaborate. We provide ready-made media and content that is licensable for use in accordance with our various licenses.
Eligibility. You may use the Service only if you can form a binding contract with Wanderlust Social, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
In this agreement, a child is considered a person under the age of 13 years old (or the minimum legal age in the child’s country to be able to consent themselves to the processing of their personal data if this age is higher than 13 years old). Children are not permitted to use or access the Service, unless their use of the Service is directly authorized by their parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by a child who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.
The Service may not be available to any Users previously removed from the Service by Wanderlust Social. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to use the Wanderlust Social Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Wanderlust Social reserves all rights not expressly granted herein in the Service and the Wanderlust Social Content (as defined below). Wanderlust Social may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.
Wanderlust Social is a great service to use for sourcing, creating, and customizing your travel content.  To use it you must comply with these terms and any laws or regulations. Children are not allowed to use Wanderlust Social without parental consent and adult supervision.
2. Wanderlust Social Accounts
Your Wanderlust Social account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Wanderlust Social account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Wanderlust Social with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. In order to be accepted as a Contributor (as defined below), we may require you to submit a valid photo identification. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Wanderlust Social immediately of any breach of security or unauthorized use of your account. Wanderlust Social will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Wanderlust Social your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Wanderlust Social usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.
When you create a Wanderlust Social account, you have to provide us with accurate information. You are responsible for any activity that occurs on your account, so make sure you have a strong password.
Your Wanderlust Social account is your unique identity. Don’t let anyone else use your Wanderlust Social account.
You can control your User profile and how you interact with the Service by adjusting your account settings. We might email you important messages and information we think you’ll find useful. We will stop sending you promotional materials if you tell us you’re not interested.
2.1 Teams / Agencies
Certain portions of the Service, such as Wanderlust Social for Agencies, may allow you to create or contribute to group accounts (“Team”). Access to a Team will be made available only to those Users who are authorized by the creator or controller of the Team (“Team Owner”). The Team Owner will be responsible for adding Users to the Team, for managing permissions for authorized Users, and otherwise for managing the account as set forth in this Agreement.
The Team Owner may contact Wanderlust Social to assign a new Team Owner. Wanderlust Social will act on the directions of the Team Owner with respect to any re-assignment of ownership and the deletion and retention of User Content within the Team.
3. Service Rules
3.1 General
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Wanderlust Social servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, including engaging in phishing activity or including misleading links or information to entice viewers to click through to an illegal or fraudulent website; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any Wanderlust Social Content (as defined below), including any Wanderlust Social trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Wanderlust Social Content; (xiv) using the Service or any Wanderlust Social Content (as defined) to support, incite or promote illegal behavior, discrimination, hostility or violence; (xv) using any Wanderlust Social trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Wanderlust Social trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Wanderlust Social; (xviii) using any Wanderlust Social Content to link to the Wanderlust Social website without the prior written consent of Wanderlust Social; (xviv) framing or hotlinking to the Service or any content other than your own without the prior written consent of Wanderlust Social; or (xvv) uploading any content that is illegal, sexual or pornographic, features child exploitation material or links to such material.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Wanderlust Social Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
If your User Content breaches our Terms of Use, we may, without prior notice to you, delete such User Content and any other User Content you have uploaded.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Wanderlust Social prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Wanderlust Social may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Wanderlust Social in each instance. If such consent is granted, you may not submit identical Stock Media (as defined below) to more than one account.
You are solely responsible for your interactions with other Wanderlust Social Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Wanderlust Social shall have no liability for your interactions with other Users, or for any User’s action or inaction.
3.2 Anti-discrimination
Wanderlust Social does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
Here’s the deal.  Don’t be bad. Don’t steal any content, try to hack our servers, send spam or break any other rules, regulations, or laws.
We love working with you, but please don’t stretch the relationship. These are things we don’t want you to do with the Wanderlust Social brand or trademarks.
Play nice. You’re responsible for your interactions with others. We have the right to terminate our Services or your access to the Service.
4. User Content
4.1 General
You retain ownership of your User Content, and you understand that if you post User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content, including any third party Intellectual Property Rights incorporated therein. For the avoidance of doubt, User Content does not include Stock Media.
4.2 User Content on Wanderlust Social Print
In some countries, you may be eligible to order prints of your User Content on Wanderlust Social Print.  Your use of Wanderlust Social Print is subject to these terms, and may also be subject to the print partner’s terms (if noted when placing your order).
By printing User Content on Wanderlust Social Print, you agree to take steps to verify that the User Content does not contain or consist of anything that is prohibited under these terms, the print partner’s terms (if applicable) or is otherwise unlawful. You agree that this is not the responsibility of Wanderlust Social.
5. Our Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Stock Media belonging to other Users (the “Wanderlust Social Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Wanderlust Social and its licensors.  Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Wanderlust Social Content. Use of the Wanderlust Social Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Stock Media belonging to other Users (the “Wanderlust Social Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Wanderlust Social and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Wanderlust Social Content. Use of the Wanderlust Social Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
All materials on the Service are exclusively owned by us or our licensors. Don’t steal any of the content that’s helping you make fantastic designs.
7. Stock Media Licenses
7.1 General.
The Service provides certain functionality that allows you to create visual designs (“Wanderlust Social Designs”). Wanderlust Social Designs can be downloaded/exported from the Service in a range of formats, including without limitation PDF or JPEG (“Export,” “Exports,” “Exported, “Exporting”). You may create Wanderlust Social Designs using only your own User Content, or you may choose to incorporate Stock Media into your Wanderlust Social Design. You may Export a Wanderlust Social Design comprised solely of your own User Content.  However, you may only Export a Wanderlust Social Design comprised in whole or in part of any Stock Media in accordance with the terms of one of the licenses contained in this Section.
7.2 License Types.
In order to Export any Stock Media from the Service, you must license the Stock Media under one of the licenses provided below. By Exporting any Stock Media from the Service, you hereby agree to be bound by any applicable terms and pay all applicable fees. If you license the Stock Media as a Brand Owner, the licenses granted under the licenses provided below will be granted to you and the applicable Brand, for use by you and other Users who have been authorized under the Brand, solely in connection with the Brand. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Stock Media pursuant to any license provided by Wanderlust Social.
  1. Wanderlust Social Subscription Agreement
  2. Wanderlust Social Master Services Agreement
  3. Media License Agreement
  4. Content License Agreement
Wanderlust Social allows you to use and export customizable content.  If you download any designs containing Wanderlust Social content, you have to license it under one of the licenses in this section.
8. Feedback
You may choose to or we may invite you to submit comments or ideas about the Service including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Wanderlust Social under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Wanderlust Social does not waive any rights to use similar or related ideas previously known to Wanderlust Social, or developed by its employees, or obtained from sources other than you.
We love it when you give us feedback and suggestions, but unfortunately we don’t compensate you if we implement an idea you sent us.
9. Paid Services
9.1 Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Wanderlust Social may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
9.2 No Refunds.
You may cancel your Wanderlust Social account at any time; however, there are no refunds for cancellation. In the event that Wanderlust Social suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
9.3 Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
By initiating a purchase on Wanderlust Social, you agree to pay all charges associated with your transaction. Once you’ve provided a payment to us, we don’t provide any refunds.
9.4 Free Trials
Wanderlust Social offers free trials for certain paid subscription types to allow you to try our service. Wanderlust Social reserves the right to set eligibility requirements for free trials.
At the end of your free trial period, we will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior.
10. Wanderlust Social Property
Certain aspects of the service (including but not limited to the Community) may allow you to obtain certain reputational or status indicators (“Wanderlust Social Property”). You understand and agree that regardless of terminology used, Wanderlust Social Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Wanderlust Social’s sole discretion. Wanderlust Social Property is not redeemable for any sum of money or monetary value from Wanderlust Social at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Wanderlust Social on Wanderlust Social servers, including without limitation any data representing or embodying any or all of your Wanderlust Social Property. You agree that Wanderlust Social has the absolute right to manage, regulate, control, modify and/or eliminate Wanderlust Social Property as it sees fit in its sole discretion, in any general or specific case, and that Wanderlust Social will have no liability to you based on its exercise of such right. All data on Wanderlust Social’s servers are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Wanderlust Social’s servers, may be deleted, altered, moved or transferred at any time for any reason in Wanderlust Social’s sole discretion, with or without notice and with no liability of any kind. Wanderlust Social does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Wanderlust Social’s servers.
The status you generate as a Wanderlust Social User has no monetary value, and we may delete it.
11. Privacy
We care about the privacy of our Users. Our privacy policy sets out how we collect, use, disclose and store your personal information and how it is transferred to and processed in the United States. It also contains details of how to exercise your privacy rights (such as access and correction) and how to make complaints.
Your privacy is important to us and we only process your personal information in accordance with our Privacy Policy.
12. Security
Wanderlust Social cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. DMCA Notice
Since we respect artist and content owner rights, it is Wanderlust Social’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Wanderlust Social’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit Wanderlust Social to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice

Wanderlust Social

Address: 3550 N. Lakeline Blvd, Leander TX 78641

Email:  admin@wanderlust-social.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Wanderlust Social and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Wanderlust Social’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Wanderlust Social has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Wanderlust Social may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
15. Indemnity
You agree to defend, indemnify and hold harmless Wanderlust Social and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
If Wanderlust Social suffers damages or claims relating to your content, account, or use of the Service or your violation of these terms, any laws, or any other individual’s rights, you are responsible for all costs.
16. No Warranty
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Wanderlust Social, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
Wanderlust Social does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Wanderlust Social service or any hyperlinked website or service, and Wanderlust Social will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
You use Wanderlust Social as-is and at your own risk. We don’t provide any guarantees with respect to the Service.
17. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Wanderlust Social, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will Wanderlust Social be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Wanderlust Social assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (vii) user content or the defamatory, offensive, or illegal conduct of any third party; and/or(viii) financial loss from purchasing a Wanderlust Social subscription from an unauthorized reseller; and/or (ix) loss or deletion of User Content.. In no event shall Wanderlust Social, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Wanderlust Social hereunder or $100.00, whichever is greater.
No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.
Notwithstanding anything to the contrary contained herein, Wanderlust Social shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Wanderlust Social has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from its facilities in the United States. Wanderlust Social makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
We disclaim all liability in connection with your use of the Service. To the extent we are found liable for anything, the maximum we are obligated to pay is the greater of $100.00 or however much you paid to us.
18. Governing Law
You agree that: (i) the Service shall be deemed solely based in Texas; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Wanderlust Social, either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Austin, Texas for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below. If you are a consumer, this agreement does not exclude any rights you may have under the national consumer laws of your jurisdiction.
These terms are governed by the laws of Texas but don’t exclude your rights under national consumer law. If we need to enforce our Intellectual Property Rights against you, you agree to have the issue resolved only in the courts of Austin, TX.
19. Arbitration.
For any dispute with Wanderlust Social, you agree to first contact us at copyright@wanderlust-social.com and attempt to resolve the dispute with us informally. In the unlikely event that Wanderlust Social has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Wanderlust Social claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Austin, TX unless you and Wanderlust Social agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Wanderlust Social are each waiving the right to a trial by jury or to participate in a class action.
If you have any disagreements, contact us first. We’re decent people, but if we can’t work it out, then you agree to submit the dispute to arbitration in Austin, Texas (except in certain circumstances relating the protection of Intellectual Property Rights.)
20. General
20.1 Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wanderlust Social without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
20.2 Notification Procedures and Changes to the Agreement.
Wanderlust Social may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Wanderlust Social in our sole discretion. Wanderlust Social reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Wanderlust Social is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Wanderlust Social may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
20.3 Entire Agreement/Severability.
This Agreement, together with the
  1. Wanderlust Social Subscription Agreement
  2. Wanderlust Social Master Services Agreement
  3. Media License Agreement
  4. Content License Agreement
and any amendments and any additional agreements you may enter into with Wanderlust Social in connection with the Service, shall constitute the entire agreement between you and Wanderlust Social concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
20.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Wanderlust Social’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
20.5 Contact.
Please contact us at admin@wanderlust-social.com with any questions regarding this Agreement.

Media License Agreement
What is allowed?
  • All photos, music, video files, itineraries, packing lists, postcards, destination fact sheets, and all other marketing samples and templates purchased on Wanderlust Social can be used for commercial and noncommercial use.
  • Attribution is not required but always appreciated.
  • You can modify the photos, music, video files, itineraries, packing lists, postcards, destination fact sheets, and all other marketing samples and templates.  Be creative and edit the media as you like.
  • Use photos, music, video files, itineraries, packing lists, postcards, destination fact sheets, and all other marketing samples and templates to promote, market and advertise your business.
  • Each licensed person may share purchased content on one website, one profile for each social media platform, one YouTube channel, and in unlimited e-mails from one e-mail account.  If you’d like your staff to be able to utilize the assets too, select one of the agency licensing packages based on your business’s size. 
What is not allowed?
Respect the hard work of the photographers and creators and keep these restrictions in mind.
  • Don’t redistribute or sell photos, music, video files, itineraries, packing lists, postcards, destination fact sheets, or any other marketing samples or templates.
  • Do not allow contractors, staff, employees, family, clients, students, trainees, or others to use photos, music, video files, itineraries, packing lists, postcards, destination fact sheets, or any other marketing samples or templates if they do not have the required Wanderlust Social Media License.  
  • Don’t sell copies of photos, music, video files, itineraries, packing lists, postcards, destination fact sheets, or any other marketing samples and templates e.g. don’t sell it as a stock photo, music or video file, assets, tools, bundle, poster, print or on a physical product.  This includes altered or customized versions of Wanderlust Social’s designs.
  • Identifiable people may not appear in a bad light or in a way that is offensive.
  • Don’t imply endorsement of your product by people or brands on the image.
Please read this media License Agreement (“Media License (Agreement)”) carefully before downloading any content. Capitalized terms that are not defined in this Media License Agreement have the meaning given them in our Terms of Use.
When you download content from Wanderlust Social under a Media License, you agree to the following terms.
This Media License Agreement governs the terms by which Users of Wanderlust Social obtain the right to use the Media provided on the Wanderlust Social platform.
If you download Stock Media or Export a Wanderlust Social Design that contains Stock Media you agree to be bound by the terms of this Media License Agreement, the Wanderlust Social Privacy Policy and Wanderlust Social’s Terms of Use which are incorporated herein and made a part hereof by reference. Wanderlust Social reserves the right to change any of the terms of this Media License Agreement at any time, and you agree to be bound by such changes. Please make sure that you read and understand all such changes. If you do not agree to this Media License Agreement, as may be amended from time to time, do not download any Stock Media or use, download or Export any Wanderlust Social Designs that contain Stock Media obtained under this license.
Please note that a Wanderlust Social Design that contains Stock Media licensed under the One Design Use License, Royalty Free License or other Free Media License may only be used in compliance with such License Agreement even if other Stock Media in the Wanderlust Social Design has been licensed under the Media License Agreement. To obtain the right to use any Wanderlust Social Design pursuant to the Media License Agreement, you must license all the Stock Media in your Design under the Media License.
Your failure to comply with the terms herein could result in legal proceedings and the immediate termination of your account.
With Wanderlust Social you can make great designs that incorporate your customizations.  By Exporting any designs from Wanderlust Social under this Media License, you agree to the terms of this Media License and to Wanderlust Social’s Terms of Use and Privacy Policy.
1. Agreement Background
  1. All Stock Media on the Service is protected by United States and international copyright laws and treaties. Wanderlust Social and/or its various Contributors own all rights, interests and title, including the copyrights, in and to the Stock Media (except where media is in the public domain). Wanderlust Social and/or its Contributors reserve all rights in and to the Stock Media not expressly granted to you by the terms of this Media License Agreement. Your rights to use any Stock Media are subject to this Media License Agreement.
  2. Stock Media licensed under this Media License may be both downloaded for use outside Wanderlust Social. The Stock Media licensed under this Media License may be used in an unlimited number of Designs so long as any such use remains in compliance with the terms of this Media License Agreement. Any Stock Media licensed under the separate One Design Use License Agreement is restricted to use in a single Wanderlust Social Design and requires the payment of license fees each time the Wanderlust Social Design is Exported from the Service. The licensing of any Stock Media under this Media License Agreement does not remove any limitations or license fees applicable to any Stock Media licensed under any other Wanderlust Social License Agreements.
  3. You understand and agree that Wanderlust Social may, in its sole discretion: monitor anything you download from, or Export from Wanderlust Social, as frequently Wanderlust Social in its sole discretion determines, for any violation of this Media License Agreement; retain for an indefinite period details of a Wanderlust Social Design that you have Exported; track any abuse of your username and password in connection with the Service or in connection with this Media License Agreement; suspend and/or terminate your account, without notice, if it finds what Wanderlust Social believes to be any violation of this Media License Agreement and/or any abuse of your username and password (please see our Terms of Use). If your account is terminated for any violation of this Media License Agreement and/or any abuse of a username or password, you lose all rights to Stock Media and Wanderlust Social Designs, must immediately delete all Stock Media and Wanderlust Social Designs acquired from Wanderlust Social, and forfeit all fees paid;
Under the Media License, you can use Stock Media in more than one of your Wanderlust Social Designs and also in designs outside Wanderlust Social.
We’ll keep track of your designs and your account to make sure you’re not breaking this agreement. If you *do* break it, we’ll close your account.
2. Media License Terms
Subject to the terms and conditions hereof, we hereby grant to you a perpetual, non-exclusive, non-transferable (subject to section 3B below) worldwide license to use the Stock Media for Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Stock Media, including, without limitation, all copyright and other Intellectual Property Rights relating to the Free Stock Media, are retained by Wanderlust Social and/or its Contributors as the case may be (unless otherwise indicated).
We are granting you a license anywhere we can but you’re not the only one we can give it to and you can’t give it to anyone else.
3. Permitted Uses
Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Wanderlust Social designs that contain Stock Media:
  1. invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, greeting cards and postcards for promotion and/or resale, without any reproduction quantity limit;
  2. training, school or university projects;
  3. social media post or profile image;
  4. decorative background on a personal computer or mobile device;
  5. entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations of unlimited prints;
  6. online or electronic publications, including web pages, blogs, and videos;
  7. prints, posters (i.e. a hardcopy) and other reproductions for personal or promotional purposes;
  8. install and use the Stock Media in more than one location or post a copy of the Stock Media on a network server or web server for use solely by other users employed by or performing services for you;
  9. any other uses approved in writing by Wanderlust Social.
In the event that you create a derivative work based on or incorporating the Stock Media, all rights in and to such Stock Media shall continue to be owned by Wanderlust Social or its Contributor(s) (unless in the public domain), subject to your rights to use such Stock Media pursuant to the terms and limitations set forth herein.
All other rights in the Stock Media are expressly reserved by Wanderlust Social for itself and its Contributors.
3B. Additional Rights for Client Designs
You may transfer a Wanderlust Social Design containing Stock Media to a client for the client’s own use, subject to the following terms:
  1. You will enter into a written agreement with your client that stipulates that the client’s use of the Wanderlust Social Design must be only for their use and must be in accordance with these terms; 
  2. You will remain solely responsible and liable for your client’s compliance with these terms; and
  3. a Wanderlust Social Design incorporating Stock Media can only be transferred to a single client. 
For the avoidance of doubt this clause does not entitle you to transfer or sub-license Media to your client for use outside of a Wanderlust Social Design or on a standalone basis.
These are the things this license permits you to do with Wanderlust Social designs that contain Stock Media.
4. Prohibited Uses
You may not do anything with the Stock Media that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not:
  1. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Stock Media or the rights granted under this Free Media License Agreement (subject to section 3B);
  2. use any of the Stock Media as part of a trade-mark, design-mark, trade-name, business name, or service mark, whether registered or not;
  3. use Stock Media identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Stock Media means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
  4. remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Stock Media or Wanderlust Social Design;
  5. use the Stock Media in a fashion that is considered by Wanderlust Social or under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Stock Media into disrepute;
  6. use the Stock Media in a way that places any person depicted in the Stock Media in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pornography, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use Stock Media containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
  7. use Stock Media in a manner that competes with Wanderlust Social’s business including, but not limited to, displaying Stock Media in any format (including thumbnails) for download or Export on a website or offering Stock Media for sale;
  8. use the Stock Media for editorial purposes without including the following credit adjacent to the Stock Media or in audio/visual production credits: “©[insert Contributor’s Name].
  9. incorporate the Stock Media in any product that results in a re-distribution or re-use of the Stock Media or is otherwise made available in a manner such that a person can extract or access or reproduce the Stock Media as an electronic file;
  10. to the extent that source code is contained within the Stock Media, reverse engineer, decompile, or disassemble any part of such source code;
  11. use or display the Stock Media in an electronic format that enables it to be downloaded, Exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; or
  12. use or display Stock Media in such a manner that gives the impression that the Stock Media were created by you or a person other than the copyright holder of the Stock Media.
(i) Definitely can NOT do these things with any Stock Media on Wanderlust Social, no matter which license you buy.
(ii) A trademark has to be a unique symbol which is exclusively used by a brand owner. For that reason, you cannot use any Content from Wanderlust Social’s library in a trademark, design mark, trade name, business name, service mark. If you use Content in any branded materials, including logos, remember that other Wanderlust Social users are free to use the same Content and you can’t claim exclusive rights.
Our logo templates are for inspiration – a starting point for your own unique design.
5. Disclaimers
  1. You acknowledge that no releases are generally obtained for any Stock Media that is identified as “Free” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. For Stock Media identified as “Free”, Wanderlust Social does not grant any right nor make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered designs or works of art or architecture depicted therein. In such cases, you shall be solely responsible for determining whether release(s) is/are required in connection with any proposed use of the Stock Media identified as “Free”, and shall be responsible for obtaining such release(s).
  2. While we have made reasonable efforts to correctly categorize, keyword, caption and title the Stock Media, Wanderlust Social does not warrant the accuracy of such information and Wanderlust Social also does not warrant the accuracy of any metadata that may be provided with the Stock Media.
6. Termination
  1. You can terminate this Media License Agreement by destroying the Stock Media and Wanderlust Social Design, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Wanderlust Social Design for any purpose. Wanderlust Social can terminate this Media License Agreement without advanced notice if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Stock Media and any Wanderlust Social Designs containing the Stock Media for any purpose; (ii) destroy or delete all copies and archives of the Stock Media and any Wanderlust Social Designs containing the Stock Media or accompanying materials; and (iii) if requested, confirm to Wanderlust Social in writing that you have complied with these requirements.
  2. We reserve the right to revoke or amend the license granted by this Media License Agreement and replace the Stock Media with an alternative for any reason.
  3. Upon notice from Wanderlust Social, or upon your knowledge that any Stock Media is subject to a threatened, potential or actual claim of infringement of another’s right for which Wanderlust Social may be liable, you must immediately and at your own expense (i) stop using the Stock Media; (ii) delete or remove the Stock Media from your premises, computer systems and storage (electronic or physical); (iii) ensure that your clients, printers or ISPs do likewise; and (iv) let Wanderlust Social know.
If you want to end this agreement you may shred any printed copies of the design and delete any files related to the design.
We can change this license whenever we want.
If anyone takes legal action over any Stock Media you are using, you must stop using the Stock Media, delete or remove the Stock Media, and let us know about it.

Wanderlust Social’s Content License Agreement
Wanderlust Social offers a library of amazing content to use in your designs, including photos, music, video files, itineraries, packing lists, postcards, destination fact sheets, marketing samples and templates (Content). If you Export a Wanderlust Social Design that contains Content, you agree to be bound by the terms of this Content License Agreement, the Wanderlust Social Privacy Policy and Wanderlust Social’s Term’s of Use. Defined terms used in this agreement have the meaning given in our Terms of Use.
1. The basics
Wanderlust Social offers a library of amazing content to use in your designs, including photos, music, video files, itineraries, packing lists, postcards, destination fact sheets, marketing samples, templates, icons, illustrations (Content). By using a piece of Content in a Wanderlust Social Design, you’re bound by this agreement.

  1. If you don’t agree to the terms of this agreement, please don’t use any Content.
  2. Wanderlust Social reserves the right to cancel or change the licenses granted by this agreement. We reserve the right to replace the Content with an alternative.
  3. If you create a Wanderlust Social Design with both Free Content and Subscription content, the stricter rules (for Subscription Content)apply.
  4. All Content on Wanderlust Social is protected by United States and international copyright. Wanderlust Social and its contributors reserve all rights that aren’t explicitly given to you under this license. That includes all copyright and intellectual property rights.
3. Content License (One Design Use License)
Under the terms of this agreement, we grant you a perpetual, non-exclusive, non-transferable worldwide license to use purchased Wanderlust Social Content or Templates in a single Wanderlust Social Design, for the Permitted Uses defined in sections 5 and 7 below (Content License or One Design Use License).
4. Getting a license
A license is issued to you when you Export a Wanderlust Social Design, for each piece of Content contained in your Design. Free Content licenses are issued at no cost. Bundle or Subscription Content Licenses are issued:
(a) by paying, if you’re a free user; or
(b) at no additional cost if you have a valid Wanderlust Social subscription.
Each Bundle or Subscription Content License allows you to use the Content in one Wanderlust Social Design, so you must pay to obtain a new license each time you wish to use the same piece of Content in a new Design (including a Design that has been Magic Resized). If you have a subscription, then a new license is automatically issued to you each time you Export a new Design containing that Content.

5. Permitted uses of all Content on Wanderlust Social
These are the things this Agreement permits you to do or make with Wanderlust Social Designs that contain Content (Free, Bundle or Subscription):
  1. invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, greeting cards and postcards for promotion and/or resale, without any reproduction quantity limit;
  2. training, school or university projects;
  3. social media post or profile image;
  4. decorative background on a personal computer or mobile device;
  5. design templates solely for use on Wanderlust Social;
  6. entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations of unlimited prints;
  7. online or electronic publications, including web pages, blogs, and videos, in the case of Bundle or Subscription Content, subject to the restrictions in section 5B;
  8. prints, posters (i.e. hardcopies) and other reproductions for personal or promotional purposes, resale, license or other distribution;
  9. any other uses approved in writing by Wanderlust Social.
5B. Limits on use of Bundle and Subscription Content in online publications
The use of Content in online or electronic publications, including web pages, blogs and videos, is limited to a maximum of 480,0000 total pixels (for example, 600px x 800px) per Content file where un-edited, unless the use is:
  1. On a website published via the dedicated Wanderlust Social Website publish endpoint; or
  2. In a Wanderlust Social-hosted design that is embedded on a third-party website,
In which cases, the pixel limit shall not apply.
6. Additional Permitted Uses for Free Content only
Free Content has fewer restrictions than Pro Content – you can use it in the following additional ways:
  1. Use the Free Content in more than one Wanderlust Social Design without obtaining an additional license;
  2. Download the Free Content on a standalone basis; and
  3. Use the Free Content in templates for websites, social networking websites, documents, projects or otherwise for distribution and/or sale to third parties;
  4. Use the Free Content in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates; and
  5. Install and use the Free Content in more than one location or post a copy of the content on a network server or web server for use by people employed by or performing services for you.

If your Wanderlust Social Design contains any Bundle or Subscription Content, you can’t use it for these purposes.
7. Permitted Uses of Music
You can use Music for all of the permitted uses in section 5, with the following limitations:
  1. Limits on use in advertising: Pro Music can’t be used in traditional media ads or commercials in paid channels, such as TV, cinema, radio, podcast and billboard. Bundle or Subscription Music is fine to use in online ads (such as pre, mid and post roll ads within a YouTube Video).
  2. Limits on use in video: Pro Music can’t be used in TV/SVOD, radio/podcasts, feature films, vignettes/theme songs, software applications or video games.
  3. No standalone downloads: As with all Bundle or Subscription Content, Bundle or Subscription Music can’t be made available for the purpose of making the music piece (or part of it) available on a standalone basis. This means making it available outside of Wanderlust Social or without being part of a Wanderlust Social Design. You can’t repackage the music pieces or upload or use them as audio samples, sound effects, music beds or upload them in any music recognition systems.
  4. Editing and remixing: You can’t make remixes, samples or derivative works of Bundle or Subscription Music. You can’t edit Bundle or Subscription Music in any way that would alter the fundamental character of any portion of the music, or that would give you any copyright or other rights to the edited music piece.
8. Important note for Wanderlust Social for Education users using Bundle or Subscription Content
One of the reasons we’re able to make our amazing Wanderlust Social for Education product available for free to teachers and students is because it is for non-commercial purposes. Wanderlust Social for Education users may only use Bundle or Subscription Content for educational, non-commercial purposes.
If you want to create designs for commercial purposes, you’ll need to purchase the appropriate license and use that for those designs.
9. Prohibited uses
You definitely can’t do these things with any free, bundle or Subscription Content on Wanderlust Social:
  1. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Content License Agreement (subject to section 4B);
  2. use any of the Content as part of a trade-mark, design-mark, trade-name, business name or service mark (excluding fonts);
  3. use Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. In this agreement, “Editorial Use Only” content means relating to events that are newsworthy or of general interest and expressly excludes any advertorial use (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
  4. remove any notice of copyright, trade-mark or other proprietary right from any Content or Wanderlust Social Design;
  5. Use or display the Content on a standalone basis on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items;
  6. use the Content in a way that is pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
  7. use the Content in a way that places any person depicted in the content in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pornography, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use content containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
  8. use Content in a manner that competes with Wanderlust Social’s business including, but not limited to, displaying content in any format (including thumbnails) for download or export on a website, or offering content for sale;
  9. use the Content for editorial purposes without including the following credit adjacent to the Content or in audio/visual production credits: “©[insert Contributor’s Name]
  10. incorporate the Content in any product that results in a re-distribution or re-use of the content or is otherwise made available in a manner such that a person can extract or access or reproduce the content as an electronic file;
  11. to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
  12. use or display the Content in an electronic format that enables it to be downloaded, exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; or
  13. use or display Content in a manner that gives the impression that the Content was created by you or a person other than the copyright holder of the Content (including without limitation, by claiming ownership of, or exclusive rights to, the Content).
The Canva, Pixabay, Pexels and CC0 licenses may permit some of these activities – please check the relevant license.
10. Violation of this License and Termination
  1. Wanderlust Social will keep track of your designs and your account to make sure you’re not breaking this License or any of our Terms. This might include monitoring downloads and Exports, retaining details of your Wanderlust Social Designs and tracking abuse of your username and password. If you *do* break this license, we may suspend or terminate your account without notice.
  2. If your account is terminated for violating this license or any abuse of a username or password, you will lose all rights to Content and Wanderlust Social designs and must immediately delete all Content and Wanderlust Social designs acquired from Wanderlust Social, and forfeit all fees paid
  3. You can terminate your Content license by destroying the Content and Wanderlust Social Design, along with any copies or archives of it or accompanying materials (if applicable), and no longer using the Wanderlust Social Design for any purpose. Wanderlust Social can terminate these Content licenses without advance notice if you fail to comply with any of its terms. If that happens, you must immediately (i) cease using the Content and any Wanderlust Social Designs containing the Content for any purpose; (ii) destroy or delete all copies and archives of the Content and any Wanderlust Social Designs containing the Content or accompanying materials; and (iii) if requested, confirm to Wanderlust Social in writing that you have complied with these requirements.
11. Infringement claims
If you find out – from Wanderlust Social or somewhere else – that there’s a claim of infringement of another’s right for which Wanderlust Social might be liable, you have to stop using the Content immediately, at your own expense. This applies whether the claim is threatened, potential or actual. You also have to immediately delete or remove the Content from your premises, computer systems and storage (electronic or physical); ensure that your clients, printers or ISPs do likewise; and let Wanderlust Social know as soon as possible by emailing admin@wanderlust-social.com

12. Disclaimers
  1. Releases are generally not obtained for Free Content, and some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. Wanderlust Social doesn’t grant any right nor make any warranty for the use of names, people, trademarks, trade dress, logos, registered designs or works of art or architecture depicted in Free Content. You’re solely responsible for determining whether a release is required for any proposed use of Free Content, and obtaining any such release.
  2. While we’ve made reasonable efforts to correctly categorize, keyword, caption and title the content, Wanderlust Social does not warrant the accuracy of that information or any metadata that may be provided with the Content.


Wanderlust Social’s Subscription Service Agreement
This Subscription Service Agreement is entered into by and between the Tripsy Travel LLC entity (“Wanderlust Social”) and the customer (“Customer”) identified in an Order Form that references this Subscription Service Agreement. As used herein, references to the “Agreement” means this Subscription Service Agreement, all Order Forms hereunder, subsequent amendments, and such other attachments and exhibits that the parties’ authorized representatives mutually agree to in writing.
This Agreement was last updated on October 27, 2021. It is effective between Customer and Wanderlust Social as of the date an Order Form referencing this Subscription Service Agreement is signed by Customer.
1. DEFINITIONS
1.1 “Affiliate” means, with respect to a party, any entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such party. For purposes of this definition, the “control” of an entity (and the correlative terms, “controlled by” and “under common control with”) means the direct or indirect ownership or control of more than 50% of the voting interests of such entity.
1.2 “Customer Material” means any data, fonts, images, templates, information, content, or material provided by Customer to Wanderlust Social or submitted to the Service by Customer or Licensed Users in the course of using the Service.
1.3 “Design” means any design output created by Customer or a Licensed User on the Service.
1.4 “Licensed Content” means content (including, but not limited to, stock media such as photos, templates, images, video, and audio) made available on the Service and that is subject to license terms.
1.5 “Licensed User” means an individual who is authorized by Customer to use the Service, for whom a subscription to the Service has been purchased, and who has a Login. Licensed Users may include Customer’s and its Affiliates’ employees, contractors, or agents.
1.6 “Login” means a username and password assigned to an individual for purposes of accessing the Service.
1.7 “Order Form” means Wanderlust Social’s standard order form that (i) specifies the Service(s) subscribed to by Customer; (ii) specifies the number of Licensed Users, Subscription Fees, and Subscription Term; (iii) is governed by and incorporates by reference this Agreement; and (iv) is signed by authorized representatives of both parties.
1.8 “Service” means the software-as-a-service offering(s) subscribed to by Customer as identified in the Order Form(s), including any updates thereto, as may be available online or via mobile application.
1.9 “Subscription Fee” means the recurring fee paid for access to the Service as set forth in one or more Order Forms.
1.10 “Subscription Term” means the duration for which Customer has subscribed to the Service as set forth in the applicable Order Form.
1.11 “Third Party Services” means any applications, products, and services not provided by Wanderlust Social that are used by Customer in conjunction with the Service.
2. SERVICE
2.1. Provision of Service. Subject to the terms and conditions of this Agreement, Wanderlust Social will provide Customer with access to and use of the Service for the duration of the Subscription Term. Wanderlust Social may, at its sole discretion, modify, remove, add, or enhance features of the Service from time to time. Wanderlust Social will provide Customer with support in accordance with the Support Level identified in the Order Form.
2.2. Customer Affiliates. Customer’s Affiliates may purchase access to the Service under this Agreement by entering into an Order Form. By entering into an Order Form, such Affiliate agrees to be bound by the terms of this Agreement as if it were an original party to this Agreement.
2.3. Logins. Each individual accessing the Service must have a unique Login. Customer shall not allow or authorize anyone other than the applicable individual to use such Login. Customer may deactivate a Licensed User’s Login and assign a Login to a new individual only when such Licensed User will no longer be using the Service. Customer shall promptly notify Wanderlust Social in the event Customer becomes aware of any unauthorized use of a Login.
2.4. Licensed Users. The number of individuals that have Logins shall be limited to the number of Licensed Users identified in the applicable Order Form(s). In the event Customer’s usage exceeds the number of Licensed Users identified in the applicable Order Form(s), Customer’s Licensed Users will be increased and Wanderlust Social will invoice Customer based on the then-current per-unit Subscription Fee (or as otherwise set forth in an Order Form), pro-rated for the remainder of the then-current Subscription Term. Any increase in the Licensed Users shall be effective for the remainder of the then-current Subscription Term.
2.5. License Restrictions. Customer shall not itself or through any employee, contractor, agent, or other third-party i) rent, lease, sell, distribute, offer in service bureau, sublicense, or otherwise make available the Service to any third party other than Licensed Users; ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; iii) access the Service for purposes of performance benchmarking; iv) access the Service for purposes of building or marketing a competitive product; or (v) use the Service to store or transmit a virus or malicious code.
2.6. Customer Obligations. Customer is responsible for providing all hardware, software, networking, and communications capabilities necessary for Customer’s access to the Service. Customer is responsible for all activities conducted by each Licensed User and each Licensed User’s compliance with the terms of this Agreement. Customer is solely responsible for the accuracy, quality, integrity and legality of Customer Material and of the means by which it acquired Customer Material and the contents thereof.
2.7. Information Security and Data Privacy. Wanderlust Social shall maintain industry-standard or better technical and organizational measures to maintain the security of the Service and Customer Material in Wanderlust Social’s possession. In providing the Service, Wanderlust Social will comply with its Privacy Policy available at www.wanderlust-social.com and incorporated herein by reference. Wanderlust Social’s Privacy Policy is subject to change at Wanderlust Social’s discretion, provided, however, that no such change will result in a material reduction in the level of protection provided for Customer Material.
2.8. Third Party Services. Customer may elect to use the Service in conjunction with Third Party Services. Customer’s use of such Third Party Services is subject to the terms and conditions applicable to such Third Party Services and Wanderlust Social makes no representations or warranties in relation to such Third Party Services.
3. INTELLECTUAL PROPERTY.
3.1. Reservation of Rights. Except as expressly set forth in this Agreement, all intellectual property rights in and to the Service and Licensed Content remain the sole property of Wanderlust Social and its licensors. Customer hereby assigns to Wanderlust Social any suggestions, ideas, enhancement requests, or other feedback provided by Customer to Wanderlust Social relating to the Service. Wanderlust Social owns all content, data, software, inventions, ideas, and other technology and intellectual property that it develops in connection with its products and the Service.
3.2. Licensed Content. Customer and its Licensed Users may use Licensed Content in connection with the Service. The use of Licensed Content is subject to additional license rights and restrictions that are identified on the Service when such Licensed Content is accessed. The applicable license agreements are available here: www.wanderlust-social.com

4. CUSTOMER MATERIAL AND DESIGNS.
4.1 Customer Material. Customer represents and warrants to Wanderlust Social that Customer owns all rights, title, and interest in and to the Customer Materials or that Customer has otherwise secured all necessary rights in Customer Material as may be necessary to permit the access, use, and distribution thereof as contemplated by this Agreement. As between Wanderlust Social and Customer, Customer owns all right, title, and interest in and to Customer Material. Customer hereby grants Wanderlust Social, for the duration of the Subscription Term, a royalty-free license to display, host, copy, and use Customer Material solely to the extent necessary to provide the Service to Customer.
4.2 Designs. Customer may create Designs on the Service incorporating Licensed Content, Customer Material, and any other content or material available on the Service. Use of such Designs are subject to the terms of this Agreement.
4.3 Customer shall not upload to the Service any Customer Materials or create on the Service any Designs that violate Wanderlust Social’s Acceptable Use Policy available at: www.wanderlust-social.com Wanderlust Social reserves the right to (but is not obligated to) remove any Customer Material or Design at any time that, in Wanderlust Social’s sole opinion, is in violation of this Agreement or any applicable law. Where possible, Wanderlust Social will provide Customer with notice upon removal of any such Customer Material.
4.4 Public Sharing of Customer Material and Designs. In using the Service, Customer and Licensed Users may publish or share Designs via a Third-Party Service or create public links to Designs. Wanderlust Social maintains no responsibility in relation to such public sharing of Designs and Wanderlust Social’s enablement of such activity or the Service’s performance of actions to publicly share Designs at the instruction of Customer or Licensed Users shall not be considered a violation of any of Wanderlust Social’s obligations under this Agreement.
5. PAYMENT.
5.1. Fees and Payment Terms. Customer shall pay all fees set forth in all Order Forms. Subscription Fees will be invoiced annually in advance. All invoices will be due and payable within thirty (30) days of the invoice date. Unless otherwise stated, all fees are non-refundable. Any fees remaining unpaid for more than thirty (30) days past their due date shall accrue interest at a rate of the lesser of 1.5% percent per month or the highest rate allowed by law. Wanderlust Social may also (at its discretion and in addition to other remedies it may have) suspend access to the Service if any invoice remains unpaid for more than 30 days. Unless explicitly stated otherwise, all fees and all references to “dollars” or “$” are to United States Dollars.
5.2. Taxes. The fees do not include sales, use, value-added, or other similar taxes or duties, and any such taxes shall be assumed and paid by the Customer except those taxes based on the net income of Wanderlust Social. Wanderlust Social will invoice Customer any applicable tax.
6. WARRANTIES AND DISCLAIMER.
6.1. Mutual Warranties. Each party represents and warrants that it has the legal power and authority to enter into this Agreement and that it has no outstanding agreement or obligation that conflicts with any of the provisions of this Agreement, or that would preclude it from complying with the provisions hereof.
6.2. Disclaimer of Warranties. EXCEPT AS PROVIDED IN THIS AGREEMENT, CUSTOMER UNDERSTANDS AND AGREES THAT THE SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IS PROVIDED “AS IS” AND WANDERLUST SOCIAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WANDERLUST SOCIAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY THAT THE SERVICES WILL OPERATE IN COMBINATION WITH CUSTOMER’S HARDWARE, OTHER SOFTWARE, THIRD PARTY SERVICES, OR CUSTOMER MATERIAL. Wanderlust Social makes reasonable efforts to ensure the Service is free of viruses or other harmful components, but cannot guarantee that the Service will be free from unknown viruses or harmful components. Wanderlust Social cannot guarantee that the Service will not incur delays, interruptions, or other errors that are outside of Wanderlust Social’s reasonable control and are inherent with the use of the internet and electronic communications.
6.3. Trial or Beta Services. From time to time Wanderlust Social may invite Customer to try, at no charge, features or functionality that are not generally available to customers and are identified as beta functionality or trial services (“Trial Services”). Customer may elect to use Trial Services at its discretion. Trial Services are provided for evaluation purposes, not part of the Service until made generally available to customers, may contain bugs or errors, and may be subject to additional terms. TRIAL SERVICES ARE NOT CONSIDERED “SERVICE” FOR PURPOSES OF WANDERLUST SOCIAL’S OBLIGATIONS HEREUNDER AND ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY. Wanderlust Social may discontinue Trial Services at any time in Wanderlust Social’s sole discretion and may never make them generally available.
7. CONFIDENTIALITY.
7.1. Definition. “Confidential Information” means, without limitation, any proprietary information, customer information, product plans, inventions, technical data, trade secrets, know-how, the terms of this Agreement, Customer Data, or other business information, in each case disclosed or made available by a party (“Discloser”) to the other party (“Recipient”) whether orally or in writing hereunder.
7.2. Non-Use and Non-Disclosure.  The Recipient shall, with respect to Confidential Information of the Discloser: (i) not disclose such Confidential Information to any third party at any time and limit disclosure to its employees, contractors, or its legal, financial and accounting advisors having a need to know and who have agreed to be bound by confidentiality obligations that are at least as restrictive as the terms of this Agreement; and (ii) protect the confidentiality of the Confidential Information with at least the same degree of care as Recipient uses to protect its own Confidential Information of a like nature, but no less than a reasonable degree of care. Notwithstanding the foregoing, Recipient may disclose Confidential Information solely to the extent necessary to comply with a court order or as otherwise required by law or a government body, provided that Recipient must give Discloser prompt written notice and obtain or allow for a reasonable effort by Discloser to obtain a protective order prior to disclosure.
7.3. Exclusions. The obligations with respect to Confidential Information shall not apply with respect to Confidential Information Recipient can demonstrate: (i) is now or becomes publicly available through no fault of Recipient; (ii) is lawfully obtained from a third party without a duty of confidentiality; (iii) is known to Recipient without obligation of confidentiality prior to such disclosure; or (iv) is, at any time, independently developed by Recipient without use of Discloser’s Confidential Information.
8. LIMITATION OF LIABILITY.
8.1. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) EXCEED THE SUBSCRIPTION FEES PAID OR PAYABLE BY CUSTOMER TO WANDERLUST SOCIAL HEREUNDER DURING THE TWELVE-MONTH PERIOD PRECEDING THE EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITIES ARISING OUT EITHER PARTY’S INDEMNIFICATION OBLIGATIONS OR CUSTOMER’S BREACH OF SECTION 2.5 (“LICENSE RESTRICTIONS”).
8.2. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES, OR EXPENSES (INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOST BUSINESS, OR LOST PROFITS) EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITIES ARISING OUT OF EITHER PARTY’S INDEMNIFICATION OBLIGATIONS OR CUSTOMER’S BREACH OF SECTION 2.5 (“LICENSE RESTRICTIONS”).
9. INDEMNIFICATION.
9.1. By Wanderlust Social. Wanderlust Social shall defend Customer from and against any claim, demand, or action brought by a third party against Customer, and indemnify and hold Customer harmless from any third party damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ and experts’ fees, in each case that are finally awarded to the third party by a court of competent jurisdiction or otherwise owed in any settlement, in each case to the extent arising from any allegation that the Service infringes any patent, copyright, or trade secret of a third party. Notwithstanding the foregoing, Wanderlust Social will have no liability for any infringement claim of any kind if the claim results from: (i) modification of the Service made by Customer or its agents; (ii) unauthorized or unlicensed use of the Service; (iii) Customer Material; or (iv) or Wanderlust Social’s creation of designs, templates, or materials pursuant to Customer’s instructions.
9.2. By Customer. Customer shall defend Wanderlust Social from and against any claim, demand, or action in any form brought by a third party (including without limitation any User) against Wanderlust Social, and indemnify and hold Wanderlust Social harmless from any damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ and experts’ fees, including in each case any of the foregoing that are finally awarded to the third party by a court of competent jurisdiction or otherwise owed in any settlement, in each case to the extent arising from or related to: (i) use of the Service by Customer or any Licensed User in a manner that breaches Section 2.5 (License Restrictions) of this Agreement; and (ii) Customer or any Licensed User’s breach of Sections 4.1 and/or 4.3 (Customer Material and Designs).
9.3. Rights Upon Infringement. If Customer’s use of the Service is, or in Wanderlust Social’s opinion is likely to be, enjoined, Wanderlust Social may, at its sole option and expense: (i) procure for Customer the right to continue using the same under the terms of this Agreement; (ii) replace or modify the Service so that it is non-infringing; or (iii) if options (i) and (ii) above cannot be accomplished despite Wanderlust Social’s reasonable efforts, Wanderlust Social may terminate this Agreement and Customer’s rights to the Service and refund a pro-rated portion of any pre-paid Subscription Fees for the period beginning on the effective date of termination through the end of the then-current Subscription Term.
9.4. Procedure. If one party (the “Indemnitee”) receives any notice of a claim or other allegation with respect to which the other party (the “Indemnitor”) has an obligation of indemnity hereunder, the Indemnitee will, within fifteen (15) days of receipt of such notice, give the Indemnitor written notice of such claim or allegation setting forth in reasonable detail the facts and circumstances surrounding the claim. The Indemnitee will not make any payment or incur any costs or expenses with respect to such claim, except as requested by the Indemnitor or as necessary to comply with this procedure. The Indemnitee shall not make any admission of liability or take any other action that limits the ability of the Indemnitor to defend the claim. The Indemnitor shall immediately assume full control of the defense or settlement of such claim or allegation, including the selection and employment of counsel, and shall pay all authorized costs and expenses of such defense. The Indemnitee will fully cooperate, at the expense of the Indemnitor, in the defense or settlement of the claim. The Indemnitee shall have the right, at its own expense, to employ separate counsel and participate in the defense or settlement of the claim. The Indemnitor shall have no liability for costs or expenses incurred by the Indemnitee, except to the extent authorized by the Indemnitor.
9.5. Exclusive Remedies. The provisions of this Section 9 set forth Wanderlust Social’s sole and exclusive obligations, and Customer’s sole and exclusive remedies, with respect to infringement of any intellectual property rights of any kind.
10. Term and Termination.
10.1. Agreement Term. The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until the expiration or termination of all Order Forms, unless otherwise terminated earlier as provided hereunder.
10.2. Subscription Term. The initial Subscription Term shall be specified in the relevant Order Form. Upon the expiration of the initial Subscription Term, the Subscription Term will automatically renew for successive 12-month terms, unless either party provides the other party with written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current Subscription Term. The initial Subscription Term and any Renewal Term are collectively the “Subscription Term.” Upon expiration of the then-current Subscription Term, Wanderlust Social may increase the Subscription Fees for a Renewal Term by providing Customer with prior notice.
10.3. Termination for Cause. Either party may terminate the Agreement immediately upon written notice (i) in the event the other party commits a non-remediable material breach of the Agreement; (ii) the other party fails to cure any remediable material breach within 30 days of being notified in writing of such breach; (iii) the other party becomes insolvent, makes an assignment for the benefit of creditors, becomes subject to control of a trustee, receiver or similar authority, or becomes subject to any bankruptcy or insolvency proceeding.
10.4. Effect of Termination for Cause. In the event of termination of this Agreement due to a default by Wanderlust Social, Wanderlust Social shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of the then-current Subscription Term. In the event of a termination of the Agreement due to a default by Customer, Customer shall pay for all amounts due and owing for the Service for the duration of the Subscription Term, and any other fee or charge associated with Customer’s use of the Service as set forth in the Agreement.
10.5. Survival. Sections titled “Definitions”, “Term and Termination”, “Fees”, “Intellectual Property,”, “Limitation of Liability,” “Indemnification,” “Confidential Information”, and “Miscellaneous” inclusive, shall survive any termination of this Agreement.
11. Miscellaneous.
11.1. Compliance with Applicable Law. Each party agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with i) in the case of Customer, Customer’s use of the Service; and ii) in the case of Wanderlust Social, Wanderlust Social’s provision of the Service.
11.2. Governing Law and Jurisdiction. The Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions. Any legal action or proceeding arising under the Agreement shall be brought exclusively in the federal or state courts located in Austin, Texas, and the parties hereby consent to exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded in its entirety from application to this Agreement.
11.3. Relationship of Parties. The parties are independent contractors and the Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other party’s prior written consent.
11.4. Attorneys’ Fees. In any court action at law or equity that is brought by one of the parties to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, in addition to any other relief to which that party may be entitled.
11.5. Equitable Relief. Both parties agree that a material breach of the confidentiality provisions of this Agreement or restrictions set forth herein may cause irreparable injury to other party for which monetary damages alone would not be an adequate remedy, and therefore the party shall be entitled to seek equitable relief in addition to any other remedies it may have hereunder or at law, without the requirement of posting bond or proving actual damages.
11.6. Publicity. Customer permits Wanderlust Social to use Customer’s name and logo to identify Customer as a customer on Wanderlust Social’s website and in its marketing materials in accordance with any trademark guidelines or instructions provided by Customer. Customer permits Wanderlust Social to issue a press release announcing Customer as a customer. Wanderlust Social agrees to obtain Customer’s approval of the text of any such press release prior to publication and Customer agrees that such approval will not be unreasonably withheld or delayed. Following an agreed-upon press release, Wanderlust Social may use the content of the press release on Wanderlust Social’s website and in marketing materials.
11.7. Force Majeure. Neither party shall be deemed to have breached any provision of the Agreement as a result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, network failures, acts of civil or military authorities, civil disturbances, wars, terrorism, energy crises, fires, transportation contingencies, interruptions in third party telecommunications or Internet equipment or service, other catastrophes, or any other occurrences which are beyond such party’s reasonable control. This Section does not excuse Customer’s payment of fees due under this Agreement provided that Wanderlust Social continues to provide the Service as set forth in the Agreement.
11.8. Assignment. Neither party may assign this Agreement or any of its right or obligations under this Agreement without the other party’s prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, either party may transfer and/or assign this Agreement, without the other party’s consent, to any successor by way of a merger, acquisition, or change of control. For the purposes of this Agreement, “change of control” means consolidation, or any sale of all or substantially all of the assignee’s assets or any other transaction in which more than 50% of its voting securities are transferred. 
11.9. Headings and Severability.  Headings used in this Agreement are provided for convenience only and will not in any way affect the meaning or interpretation of the Agreement or any portion thereof. If a particular provision of this Agreement is found to be invalid or unenforceable, it shall not affect its other provisions and this Agreement shall be construed in all respects as if such invalid or unenforceable provision had been omitted.
11.10. Waiver. The failure of either party to enforce at any time the provisions of the Agreement, the failure to require at any time performance by the other party of any of the provisions of the Agreement, or the express waiver by either party of any provision, condition or requirement of the Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of either party to enforce each and every such provision thereafter.
11.11. Notices. All legal notices required or permitted under the Agreement will be in writing and delivered by courier or overnight delivery service, certified mail, or electronic mail and in each instance will be deemed given upon receipt. All notices to Customer will be sent to the physical address and/or email addresses set forth in the Order Form. All notices to Wanderlust Social shall be sent to The address for notice to Wanderlust Social depends on which Wanderlust Social entity Customer has executed an Agreement with, as identified in the applicable Order Form.
If the entity with which Customer has contracted with:
  • Wanderlust Social – the notice address is: 3550 N. Lakeline BLVD. Ste 170-1222, Leander, TX 78641
11.12. Entire Agreement. This Agreement and the associated Order Forms constitute the entire agreement of the parties with respect to the subject matter contemplated herein, and supersedes any prior representations, agreements, negotiations, or understandings between the parties, whether written or oral, with respect to the subject matter hereof. This Agreement may not be modified except by written instrument signed by both parties and referring to the particular provisions to be modified. All terms, conditions, or provisions on a purchase order shall be of no force and effect notwithstanding the acceptance of such purchase order after the date of this Agreement. In the event of a conflict between the terms of this Agreement and an Order Form, the terms set forth in the Order Form shall control. This Agreement is binding upon and inures to the benefit of, the parties and their respective permitted successors and assigns.

Wanderlust Social Master Services Agreement
This Wanderlust Social for Agencies (large or small) Master Services Agreement is a legally binding contract between [Customer who signs-up for Wanderlust Social for Small or Large Agencies product(s) or Customer who executed an Order Form] (Customeryou and your) and Tripsy Travel LLC (Wanderlust Social, we, us and our).
Please read this Agreement carefully. By signing up for Wanderlust Social for Agencies (large or small) or executing an Order Form you agree to be bound by this Agreement. If you do not agree with any of the terms of this Agreement, you may not use the Services offered by Wanderlust Social.
If you are entering into this Agreement on behalf of an entity or organization, you represent and warrant that you have the full authority as at the time of entering into this Agreement to bind that entity or organization to this Agreement.
1. Contract structure
(a) The terms applicable to the provision and use of the Services to and by Customer will be set out in an order form which shall be executed by both Wanderlust Social and Customer (Order Form). Upon execution by both parties, the Order Form will be incorporated into the terms of this Master Services Agreement and together such documents take effect as the binding agreement regarding the Services (Agreement).
(b) Any new features, tools or updates which are made available by Wanderlust Social to Customer during the Term as Services will also be subject to the Agreement.
(c) In the event of any inconsistency between the terms contained within this Master Services Agreement, the Terms of Use incorporated in the Master Services Agreement, and the Order Form, the provisions will prevail in the following decreasing order:
  • (i) the Special Conditions (if any);
  • (ii) the remaining provisions of the Order Form;
  • (iii) the Master Services Agreement; and
  • (iv) our Terms of Use.
2. Term
(a) The Agreement commences on the Commencement Date and continues for the Initial Term, unless terminated earlier in accordance with section 14.
(b) At the end of the Initial Term, the Agreement will be automatically extended for successive Renewal Terms unless:
  • (i)the Order Form states otherwise; or
  • (ii) the Customer provides no less than 30 days’ written notice (or such other period set out in the Order Form) prior to the commencement of the relevant Renewal Term of its intention to cancel such automatic renewal; or
  • (ii) this Agreement is terminated earlier in accordance with section 14.
3. License
(a) Subject to the terms and conditions of the Agreement:
  • (i) Wanderlust Social grants to Customer and its Users a non-exclusive, limited, non-sublicensable, non-transferable license to access and use the Services during the Term in accordance with this Agreement.
  • (ii) Wanderlust Social will use commercially reasonable efforts to make the Services available to the Customer, including Support Services as specified in the applicable Order Form.
4. Use of Services
(a) Subject to the limitations (including, for example, the quantities of Users) set forth in the applicable Order Form, Customer and its Users will have the right to access and use the Services. Customer shall designate one User for each seat it purchases (and may reassign such seat to a new individual replacing one who no longer uses the Services).
(b) Customer shall not, directly or indirectly:
  • (i) make the Services available to, or use the Services for the benefit of anyone other than Customer or the Users;
  • (ii) copy or replicate, or directly or indirectly allow or cause a third party to copy or replicate, the whole or any part of the Services;
  • (iii) use the Services to assist in the conduct of the business of any third party;
  • (iv) vary, alter, modify, interfere with, reverse disassemble, decompile, or reverse engineer, or otherwise seek to obtain or derive the source code from any part of the Services (or cause or permit any other person to do so);
  • (v) breach any fair use policy in respect of Wanderlust Social, including with respect to storage on the platform;
  • (vi) disclose to third parties information regarding the performance of the Services; or
  • (vii) sub-license, rent, sell, lease, distribute or otherwise make available the Services or any part of them except as permitted under this Agreement.
(c) Customer is responsible for maintaining control over and access to the Services, including the level of access to the Services provided to Users and shall revoke or alter the level of access of Users at any time to ensure compliance with this Agreement by Customer Users.
(d) Customer shall maintain the confidentiality of all login information and shall not allow or authorize any person other than Users to use the login information. Customer shall immediately notify Wanderlust Social of any suspected or actual unauthorized access to or use of the login information or the Services.
(e) Customer is responsible for all activities that occur on Customer’s account for the Services, whether or not authorized by Customer.
(f) Customer shall not, and shall ensure its Users do not, use the Services (including through the upload of any Customer Material) in any way that:
  • (i) involves anything which is defamatory, harassing or obscene;
  • (ii) involves unsolicited electronic messages;
  • (iii) would involve the contravention of any person’s rights (including rights of privacy and other Intellectual Property Rights);
  • (iv) may violate any Laws;
  • (v) could damage, disable or impair any part of the Services;
  • (vi) may otherwise be regarded by Wanderlust Social, on reasonable grounds, to be unacceptable;
  • (vii) involves any fraudulent activity; or
  • (viii) involves the sale or promotion of any illegal business activities or prohibited products or services.
(g) Customer and Users shall at all times comply with our Terms of Use.
(h) Affiliates of the Customer may receive Services under this Agreement if Affiliate directly enters into an Order Form. By entering into an Order Form, such Affiliate agrees to be bound by the terms of this Agreement as if it were an original party to this Agreement. Customer shall be responsible for its Affiliates’ compliance with the terms of this Agreement.
5. Fees, payment
5.1 Fees and payment
(a) Customer shall pay the Fees set out in each invoice, without set-off, abatement or deduction, in accordance with this section 5 and in accordance with any specific invoicing arrangements specified in the Order Form.
(b) No later than 30 days prior to any Renewal Term, Wanderlust Social may notify Customer in writing of revisions to the Fees to take effect from the start of the next Renewal Term.
(c) Unless expressly stated otherwise in the Order Form:
  • (i) invoices for up-front Fees set out in the Order Form will be invoiced on the Commencement Date and Customer shall pay all such invoices within 30 days of receipt;
  • (ii) invoices for monthly Fees set out in the Order Form will be submitted monthly in advance and Customer shall pay all such invoices within 30 days of receipt; and
  • (iii) invoices for any volume-based or other Fees set out in the Order Form will be submitted monthly in arrears and Customer shall pay all such invoices within 30 days of receipt.
(d) Fees will not be refunded or pro-rated for any reason, including if Customer’s actual usage of the Services is below the number of seats purchased in the applicable Order Form. If Customer’s actual usage exceeds the number of seats purchased in the applicable Order Form, Customer shall pay the difference within 30 days from the receipt of the revised Order Form or an invoice for the excess usage.
(e) Any portion of the payments not paid by Customer on or before the date that it is due shall accrue interest at a rate equal to the lesser of 10% per annum or the highest rate permitted by law from the date such amount is due until payment is received in full by Wanderlust Social.
5.2 Tax
(a) Unless otherwise stated on an Order Form, all amounts referred to in this Agreement, including the Fees, do not include the amount of any Tax. If any tax, including any services, use, value-added or similar tax or assessment is payable under or in connection with the supply, provision, receipt or payment for Services in connection with this Agreement, Customer will be responsible for and pay the amount of such tax.
(b) If an adjustment event occurs in relation to a supply made or other provision of Services under or in connection with this Agreement, the tax payable on that supply will be recalculated to reflect that adjustment and Customer will make an appropriate payment to reflect such adjustment.
(c) In providing an invoice, Wanderlust Social shall provide proper tax invoices if tax is applicable to the Fees.
6. Support Services
Wanderlust Social shall provide any Support Services as specified in the Order Form.
7. Intellectual Property Rights
7.1 Wanderlust Social IP
(a) Customer acknowledges and agrees that Wanderlust Social owns or licenses all rights, title and interests (including Intellectual Property Rights) in the Services.
(b) Customer shall notify Wanderlust Social immediately if it becomes aware of any:
  • (i) unauthorized access to or use of the Services; or
  • (ii) any claim by any third party relating to Intellectual Property Rights in the Services.
(c) Wanderlust Social will defend Customer against any claim by a third party alleging that the Wanderlust Social Services as provided to Customer in accordance with this Agreement infringe the Intellectual Property Rights of any third person (Claim) and will pay any damages or other amounts resulting from such Claim that are finally awarded by a court or agreed to by Wanderlust Social in a settlement, except to the extent any such infringement is caused by an act or omission of the Customer, and only if:
  • (i) the Customer notifies Wanderlust Social immediately after it becomes aware of the Claim;
  • (ii) Wanderlust Social has sole control over defense of the Claim (even in the Customer’s name) and any negotiations to settle the Claim; and
  • (iii) the Customer provides Wanderlust Social all other assistance reasonably requested (and paid for) by Wanderlust Social to defend or settle the Claim.
(d) If a Claim is made, Wanderlust Social may:
  • (i) procure for the Customer the right to continue using the Wanderlust Social Services free of the Claim;
  • (ii) replace or modify the Wanderlust Social Services to remove any infringing (or allegedly infringing) component; or
  • (iii) terminate this Agreement or Customer’s right to use the potentially infringing portion thereof and the Customer shall immediately cease using the Wanderlust Social Services or such portion thereof.
7.2 Customer IP
Wanderlust Social acknowledges and agrees that Customer owns or licenses all rights, title and interests (including Intellectual Property Rights) in Customer Material, and nothing in this Agreement is intended to transfer ownership of or interest in Customer Material (including any Intellectual Property Rights) of Customer or any third party. Customer grants Wanderlust Social the limited right to host, process, display and transmit the Customer Material solely for the purpose of and to the extent necessary for providing Services to Customer during the Term in accordance with this Agreement.
During the Term, Wanderlust Social shall be permitted to use and publicly display Customer’s logo, trademark and trade name solely for the purpose of identifying Customer as Wanderlust Social’s customer in its website, any marketing or promotional materials and in other communication internally or with existing Wanderlust Social customers or investors.
8. Customer Material
(a) Customer agrees and acknowledges that it is solely responsible for any Customer Material.
(b) Customer shall ensure that Customer Material, and its collection, use, processing, disclosure and dissemination via the Services:
  • (i) will not infringe any Intellectual Property Rights of any person; and
  • (ii) complies with all applicable Laws (including Privacy Laws, where applicable).
9. Confidentiality and publicity
9.1 Confidentiality
(a) Each party shall not disclose, or use for a purpose other than to perform its obligation or exercise it rights under this Agreement, any Confidential Information of the other party.
(b) A party may only disclose Confidential Information of the other party:
  • (i) to its Affiliates and the employees, legal advisors, potential investors or consultants of such persons, in each case under corresponding obligations of confidence as imposed by this section and only where such persons, employees, legal advisors or consultants of such persons have a need to know such information in connection with this Agreement;
  • (ii) in enforcing this Agreement or in a proceeding arising out of or in connection with this Agreement; or
  • (iii) to the extent required by Law or pursuant to a binding order of a government Agencies or court.
10. Privacy and security
(a) Each party shall comply with the Privacy Laws applicable to such party in respect of any Personal Information that:
  • (i) one party discloses to the other party; or
  • (ii) comes into the possession or control of that party by any means, including through use of the Services.
(b) Wanderlust Social shall handle any Personal Information disclosed by Customer and its Users to Wanderlust Social in accordance with its privacy policy available at www.wanderlust-social.com
(c) Customer acknowledges and agrees that Wanderlust Social may provide all or part(s) of the Services from any location worldwide.
(d) Wanderlust Social shall make available at www.wanderlust-social.com to Customer information about Wanderlust Social security practices
11. Third Party Content and Hosting
(a) Customer acknowledges that the Services may incorporate Third Party Content (including open source software) and Wanderlust Social is not responsible for the accuracy, quality, integrity or reliability of the same.
(b) Customer acknowledges that the Services may also utilize and rely on third party cloud service providers and Wanderlust Social is not in any way responsible for any interference with, or disruption of, the Services due to the use of or any disruption caused by such third party cloud service providers.
12. Force Majeure
Neither party will be liable for delays or any failure to perform the Services or this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed party. Any such excuse for delay will last only as long as the event remains beyond the reasonable control of the delayed party. However, the delayed party shall use commercially reasonable efforts to minimize the delays caused by any such event beyond its reasonable control. This provision will not excuse the payment of fees due under this Agreement, provided that Wanderlust Social continues to provide the Services as set forth herein.
13. Right to suspend or revoke access
(a) Wanderlust Social may immediately suspend Customer’s or Users access to the Services if:
(i) Customer is, or Wanderlust Social reasonably suspect that Customer is, in breach of any:
  • (A) obligation to pay Fees;
  • (B) provision of this Agreement; or
  • (C) any applicable Law (including Privacy Laws); or
(ii) Wanderlust Social reasonably considers that Customer’s access or use of the Services is causing a detrimental technical or operational system issue, or poses a security risk to Wanderlust Social’s systems.
(b) Wanderlust Social may also suspend Customer’s access to the Products or Services, if Wanderlust Social is required to undertake repair or maintenance of any part of the Products or Services.
(c) Wanderlust Social will use reasonable endeavors to suspend the Customer or Customer Users access to the limited extent that Wanderlust Social determines is reasonably practical to address the relevant issue giving rise to the suspension.
(d) Subject to Section 17, if Wanderlust Social is satisfied that the cause of the suspension has been sufficiently remediated, Wanderlust Social will re-instate Customer’s or Users’ access to the Product or Services by written notice.
14. Termination
14.1 Termination
(a) Either party may terminate this Agreement with immediate effect by giving written notice to the other party at any time if the other party breaches any material provision of this Agreement which is incapable of being remedied, or where the breach is not remedied within 30 days after receiving written notice from the terminating party requiring it to do so.
(b) Wanderlust Social may terminate this Agreement on 30 days’ written notice to Customer for any reason.
(c) Wanderlust Social may terminate this Agreement immediately by written notice to Customer in the event of:
  • (i) any change (directly or indirectly) in a controlling interest or majority ownership of Customer; or
  • (ii) a suspension under section 13(a) continuing for more than 10 days.
14.2 Consequences of termination
(a) On expiration or termination of this Agreement for any reason, Customer shall:
  • (i) immediately stop using the Services, and ensure that all of Users stop using the Services; and
  • (ii) return to Wanderlust Social (or, at Wanderlust Social’s direction, destroy) any of Wanderlust Social’s Confidential Information in Customer’s possession or control.
(b) On expiration or termination of the Agreement, Wanderlust Social reserves the right to:
  • (i) permanently deactivate or disable any accounts of the Customer on the Services; and
  • (ii) delete any Customer Material.
Customer will be provided with a reasonable period of time to extract Customer Material from the Services, to be no more than 5 business days following the termination or expiry date of the Agreement. Wanderlust Social will have no obligation to otherwise retain, export or return any Customer Materials.
(c) In the event that Wanderlust Social terminates this Agreement under section 14.1(b), Wanderlust Social shall refund the Customer of any prepaid Fees.
(d) Termination of this Agreement shall not relieve the parties of any accrued liability (including with respect to outstanding or accrued Fees).
15. Warranties
Each party warrants that it:
(a) has the authority to enter into and perform its obligations under this Agreement and that this Agreement has been duly executed and is a legal, valid and binding Agreement;
(b) will comply at all times with applicable Laws; and
(c) will not do anything or make any statement that could be reasonably expected to harm the reputation of the other party, and, in the case of Customer, the Services.
16. Disclaimer
(a) CUSTOMER ACKNOWLEDGES AND AGREES THAT, TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE MADE AVAILABLE “AS IS” AND WANDERLUST SOCIAL MAKES NO, AND HEREBY DISCLAIMS ANY, REPRESENTATION, WARRANTY OR GUARANTEE:
  • (i) THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, PLATFORM, OR CUSTOMER MATERIAL;
  • (ii) THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS;
  • (iii) THAT THE SERVICES, AND INFORMATION EXTRACTED FROM THEM, WILL BE ACCURATE, FREE FROM DEFECTS, BUGS, ERRORS OR OMISSIONS, OR THAT ANY CUSTOMER MATERIAL INPUT INTO THE SERVICES WILL NOT BE LOST OR CORRUPTED; OR
  • (iv) IN RELATION TO NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, AVAILABILITY OR MERCHANTABILITY.
(b) Wanderlust Social uses reasonable endeavors to ensure that the Services are free of viruses or other harmful components, but cannot guarantee they will be free from unknown viruses and other harmful components.
(c) Wanderlust Social shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other platforms outside the reasonable control of Wanderlust Social.
17. Limitation of Liability
(a) TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 16(A), IN NO EVENT WILL THE AGGREGATE LIABILITY OF WANDERLUST SOCIAL FOR ANY LOSS, DIRECT OR OTHERWISE, EXCEED AN AMOUNT EQUIVALENT TO THE FEES PAID BY THE CUSTOMER TO WANDERLUST SOCIAL IN THE 12- MONTH PERIOD PRIOR TO THE INITIAL CLAIM GIVING RISE TO LIABILITY HEREUNDER, REGARDLESS OF THE CAUSE OR FORM OF ACTION.
(b) TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL LOSS, EXCEPT TO THE EXTENT ARISING FROM A BREACH BY CUSTOMER OF ITS OBLIGATIONS UNDER SECTIONS 10.
(c) Section 17(a) does not apply to, and shall not limit, any liability:
  • (i) for death or personal injury caused by that party or its Users; or
  • (ii) for fraud (including fraudulent misrepresentation);
18. Assignment
Customer shall not assign or novate, directly or indirectly, any of its rights or obligations under this Agreement without the prior written consent of Wanderlust Social (such consent not to be unreasonably withheld or delayed). Wanderlust Social may assign or novate all of part of this Agreement on written notice to you.
19. Survival
Without limiting any other provision of this Agreement, sections 5 (Fees, payment and tax), 7 (Intellectual Property Rights), 9 (Confidentiality and publicity), 10 (Privacy and security) and any other sections which should by their nature survive termination of this Agreement, survive termination or expiry of this Agreement for any reason.
20. Notices
Any notice given pursuant to this Agreement must be in writing and delivered to the parties at their respective addresses stated on an applicable Order Form or at such other address designated by written notice hereunder. Notices will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if sent by email or facsimile; the day after being sent, if sent for next day delivery by recognized overnight delivery service; or upon receipt, if sent by certified or registered mail, return receipt requested.
21. General
(a) This Agreement contains the entire agreement between the parties with respect to its subject matter. Neither of the parties has relied on or is relying on any other representation in entering into this Agreement.
[For a Customer who executed an Order Form] (b) Other than any change or update to this Agreement under section 1(c) (iv), this Agreement may be amended only by another written agreement executed by all the parties.
[For a Customer who signed-up online] (b) Wanderlust Social may, in its sole discretion, modify or update this Agreement from time to time. Wanderlust Social will notify Customer of any material changes to this Agreement prior to the change taking effect by posting a notice on the Service. We will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of the terms of the Agreement, do not use or access (or continue to access) the Service.
(c) Each party will be fully responsible to the other party for the acts or omissions of its sub-contractors, contractors, assigns and all their employees as if they were the acts and omissions of the relevant party. Wanderlust Social may subcontract any of its obligations under this Agreement at its absolute discretion.
(d) No failure to exercise or delay in exercising any right, power or remedy under this Agreement operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
(e) Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
(f) This Agreement and, to the extent permitted by law, all related matters including non-contractual matters, are governed by the laws of California. In relation to such matters each party irrevocably accepts the nonexclusive jurisdiction of courts with jurisdiction there and waives any right to object to the venue on any ground.
If the Customer is a public state educational institution in the U.S, this Agreement is governed by the laws of the state of the Customer’s domicile except that body of law concerning conflicts of law and the parties agree to remain silent regarding the venue of action.
(g) For any dispute arising out of or in connection with or relating to this Agreement or the breach or alleged breach thereof, the party alleging the existence of dispute shall give the other party written notice setting out the details of the dispute. The parties shall make good faith attempts to resolve the dispute amicably.
(h) This Agreement may be executed in any number of counterparts. All counterparts will be taken to constitute one agreement.
22. Definitions and interpretation
22.1 Definitions
The following definitions apply unless the context requires otherwise.
Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
Agreement has the meaning specified in Section 1(a).
Commencement Date means the commencement date specified in the Order Form.
Confidential Information means all information of a confidential or proprietary nature, in any form whether tangible or not, disclosed or communicated by a party to the other, or learnt or accessed by, or to which the other party is exposed as a result of entering into this Agreement. Specifically, Wanderlust Social’s Confidential Information includes the design, specification and content of the Services, including its source code, Wanderlust Social’s Users information, operational and other policies, project documentation, proposals, or other development documentation including any specifications, or business strategies, and the terms of this Agreement, including the Fees and information relating to Wanderlust Social’s pricing. Confidential Information does not include information which is:
  • (a) already known to the other party;
  • (b) received by the other party from a third party not under a duty of confidence; or
  • (c) independently developed by the other party.
Customer Material means any and all data or other material input, entered into or added or uploaded to the Services, or otherwise provided or made available to Wanderlust Social, by, on behalf of, or at the request of, Customer or its Users.
Fees means the fees and expenses set out in the Order Form.
Initial Term means the initial term set out in the Order Form, such period commencing on and from the Commencement Date.
Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyrights (including rights in computer software), trademarks, service marks, designs, patents, trade secrets, trade, business, domain or company names, rights in Confidential Information, know how and other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these, which may subsist anywhere in the world.
Law means all applicable laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct and standards, writs, orders, injunctions and judgments.
Loss means any claim, loss, damage, liability, cost, charge or expense (including legal expenses on a full indemnity basis), however arising, and whether present or future, fixed or unascertained, actual or contingent.
Order Form has the meaning given to that term in section 1(a).
Personal Information has the meaning given to that term in the applicable Privacy Act 1988 (Cth).
Privacy Laws means all legislation, principles, industry codes and policies, as amended or replaced from time to time, which relate to the collection, use, disclosure, storage or granting of access rights to Personal Information.
Renewal Term means the periods for which the Term shall successively renew, as set out in the Order Form.
Services means Wanderlust Social for Agencies (large or small) or Services specified in the Order Form, including any Software and Support Service and content.
Special Conditions means any terms identified as “Special Conditions” on an Order Form.
Support Services means the support services provided by Wanderlust Social as specified in the Order Form (if applicable).
Term means the period from the Commencement Date until the end of the Initial Term or any applicable Renewal Term in accordance with section 2.
Terms of Use means Wanderlust Social’s Terms of Use available at www.wanderlust-social.com excluding sections 4.2 (Uploading and Publishing User Content to Wanderlust Social), 5 (User Content License Grant), 6 (Our Proprietary Rights), 9.1 (Billing Policies), 9.2 (No Refunds), 9.3 (Payment Information; Taxes), 10 (Wanderlust Social Property), 12 (Security), 15 (Indemnity), 17 (Limitation of Liability), 18 (Governing Law), 19 (Arbitration) and 20 (General).
Third Party Content means any applications, services information, data or other content from any third party that Wanderlust Social sources and/or supplies in connection with, that are incorporated in or integrated with the Services.
User means an individual who is authorized by Customer to use the Services. Users may include, for example, Customer’s employees, consultants, contractors and agents, and third parties with which Customer transacts business.
22.2 Interpretation
Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise.
(a) the singular includes the plural and conversely;
(b) where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(c) a reference to a person includes any body corporate, unincorporated body or other entity and conversely;
(d) a reference to a section is to a section of these Terms and Conditions;
(e) a reference to any party to this Agreement or any other agreement or document includes the party’s successors and permitted assigns;
(f) a reference to any agreement or document (including a reference to this Agreement) is to that agreement or document as amended, notated, supplemented, varied or replaced from time to time, where applicable, in accordance with this Agreement or that other agreement or document;
(g) a reference to any legislation or to any provision of any legislation includes any modification or reenactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it;
(h) a reference to conduct includes any omissions, statement or undertaking, whether or not in writing;
(i) a reference to includes, means includes without limitation; and
(j) all references to $ are to United States dollars, unless otherwise specified.

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