Terms & Conditions

WANDER CORPORATION TERMS OF USE

Posted date:  04/15/2025

Effective date: 04/15/2025

This Terms of Use (“Agreement”) constitutes a legally binding contract between Wander Corporation with a mailing address of 108W 13th Street, Suite 100, Wilmington DE 19801  (“Wander Corp.”,”Wander”,  “we,” “us,” “our”) and you, as a User (“User”, “Users”, “you” or “your”) with respect to the Wander Corp. Services located at https://arkmobileapp.com/(“Services”).   

It is important that you carefully read and understand the terms and conditions of this Agreement. By accessing and using our Services, including but not limited to accessing and using the Wander Mobile App (the “Wander App” or “App”) you are providing your consent to abide by this Agreement. If you do not agree to these terms and conditions of the Agreement, you are not authorized to use the Services and we ask that you cease any use of our Services. 

Please note that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

  1. Intended Users. Wander Corp. Services are intended to be used by users from all over the United States over the age of 18 and pursuant to the terms of this Agreement, though may be used while serving or traveling abroad.  While using the Service, your use of the Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your or our jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations. 

 

  1. Available Content. There are three types of content that you will be able to access on the Wander App:
    1. content that you upload and provide (“Your Content”);
    2. content that members provide (“Member Content”); and
    3. content that Wander provides (including, without limitation, database(s) and/or software) (“Our Content”).

 

       3.Restricted Content.  Wander reserves the right to restrict content which:

  1. contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
  2. is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
  3. is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
  4. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense.
  5. is defamatory or libellous;
  1. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
  2. involves the transmission of “junk” mail or “spam”;
  3. contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Wander or otherwise;
  4. itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
  5. shows another person which was created or distributed without that person’s consent;
  6. is harmful to minors; or
  7. impersonates any other person, including falsely stating your name.
  8. Wander operates a zero-tolerance policy for this kind of content.

 

   4.Your Content. You agree that Your Content must comply with our Guidelines, as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

 

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

 

As Wander is a public community, Your Content will be visible to all other users of the App. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Wander Users). By uploading Your Content on Wander, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

 

  1. Assignment of License. We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.

 

  1. Storage of User Content. We do not have any obligation to store Your Content – if it’s important, you should make a copy.

 

  1. Takedown Notices. So that we can prevent the unconsented use of Your Content by other members or third parties outside of Wander, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices (including, without limitation, pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices)) on your behalf if Your Content is taken and used by third parties outside of Wander.

 

  1. Member Content. Other members of Wander will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content. You do not have any rights in relation to other users’ Member Content, and you may only use other Wander users’ personal information to the extent that your use of it matches Wander’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.  Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

 

  1. Wander Content. You may be wondering what happens to the rest of the Content on Wander. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Wander, as well as the Wander software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

 

  1. Other Rights. We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App; you shall not use our name in metatags, keywords and/or hidden text;

you shall not create derivative works from Our Content or scrape, disable, decompile, analyse or in any way commercially exploit Our Content, in whole or in part, in any way; and

you shall use Our Content for lawful purposes only.

 

  1. Wander reserves all other applicable rights.

 

  1. No Obligation to Pre-Screen Content. Wander reserves the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages.

 

  1. App Use Restrictions and Regulations.

You agree to:

Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;

Use your real name and real age in creating your Wander account and on your profile; and

use the services in a professional manner.

 

You agree that you will not:

Act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;

Misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;

Disclose information that you do not have the consent to disclose;

Stalk or harass any other user of the App;

or;

Develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Wander or its services, or otherwise copy profiles and other data from the services.

 

Users  may report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block & Report’ link. We reserve the right to investigate any possible violations of these Terms, any Wander user’s rights, or any third party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the App.

You are solely responsible for your interactions with other users of the App.

 

  1. Background Checks. YOU UNDERSTAND THAT WANDER DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. WANDER ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. WANDER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. WANDER RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.

 

  1. General Release of Liability. You agree to, and hereby do, release Wander and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Wander or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

 

  1. Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.

 

  1. For information about how the Wander collects, uses, and shares your personal data, please check out our Privacy Policy at www.arkmobileapp.com.  By using Wander, you acknowledge that we may use such data in accordance with our Privacy Policy.

 

  1. Payment & Purchase Terms.

 

  1. Generally: Wander may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference. You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

 

  1. Subscriptions and Auto-Renewal: Wander may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT WANDER’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Wander changes these prices and you do not cancel your subscription, you agree that you will be charged at Wander’s then-current pricing for subscription.

 

  1. Cancelling Subscriptions. If you purchased a subscription directly from Wander, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.

 

  1. Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial on Wander through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.

 

  1. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.

 

  1. For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the following Terms apply: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use Wander) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below:

 

  1. Refund Requests: In addition to cancelling, you must request a refund to receive one. If you subscribed using your Apple ID, refunds are handled by Apple, not Wander. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

 

  1. For all other purchases: please contact customer support with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: Wander Corp, feedback@wander-corp.com, Attn.: Cancellations.

 

  1. The payments required under this Section do not include any Sales Tax that may be due in connection with the Services provided under these Terms. If Wander determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Wander will collect such Sales Tax in addition to the payments required. If any Services, or payments for any Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Wander, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

 

  1. Limited Features. At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features from Wander, referred to here as “Limited Features.” You can only purchase Limited Features through Wander or Wander’s partners. Limited Features represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Limited Features is being transferred or assigned to you. This Agreement, and your purchase of Limited Features, does not constitute the sale of any rights in Limited Features.

 

Any Limited Features balance shown in your account does not constitute a real-world balance or       reflect any stored value, but instead shows the extent of your license to access Limited Features. Limited Features do not incur fees for non-use. Your license in Limited Features will terminate on the earlier of Wander ceasing provision of services or your account closing or terminating. Wander may also at times provide Limited Features as bonuses to, or parts of, paid subscriptions for its services. Your ability to use Limited Features you have access to in this manner may terminate at the end of each of your subscription periods and your access to Limited Features may not “roll over” or accumulate through additional subscription periods. Your access to Limited Features gained through subscriptions may also end if you cancel your subscription.

 

Wander, in its sole discretion, reserves the right to charge fees for the right to access or use Limited Features and/or may distribute Limited Features with or without charge. Wander may manage, regulate, control, modify, or eliminate Limited Features at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Limited Features and Wander shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer Limited Features to any person or entity. Limited Features may only be redeemed through our Services.

ALL PURCHASES AND REDEMPTIONS OF LIMITED FEATURES MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT WANDER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED LIMITED FEATURES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 

  1. Push Notifications, other Features. We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Wander services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at feedback@wander-corp.com.

 

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

 

  1. Third Party App Store. The following additional terms and conditions apply tusers who download the Wander App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the Wander App and the Third Party Store. You acknowledge and agree that:

 

  1. These Terms are concluded solely between you and Wander and not with the providers of the Third Party Store, and Wander (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.

 

  1. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Wander is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Wander.

 

  1. Wander, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.

 

  1. The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

 

In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

 

  1. Use of Third Party Integrators. If you choose to use the Services offered in our App or any AR features provided or required to use the App (including but not limited to Id.me, you will be subject to that 3rd party integrator’s Terms of Service. If you do not agree to be subject to the 3rd party intergator’s Terms of Service, you should not use the Snap-provided AR camera features within our App.

 

  1. Permitted Uses—General.
  1. License. Subject to full compliance with this Agreement, Wander Corp. grants you a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use our Services for your use.
  2. Private Use. The services made available on, by or through our Services, as well as any information provided on, by or through our Services, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links, and references (collectively, the “Information”), are provided for use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted herein.
  3. Reproduction. Without the express written consent of Wander Corp., no Information or any other Wander Corp. materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted in this Agreement.
  4. Unauthorized Use. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Wander Corp. promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate permission to use our Services and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Wander Corp. or others.

 

  1. Third Party Links. Our Services may contain links to other Services for your convenience. The fact that we offer such links does not indicate any approval or endorsement by us of any linked Services or any material contained on any linked Services, and we disclaim any such approval or endorsement. We do not control the linked Services, or the content provided through such Services, and we have not reviewed, in their entirety, such Services. Your use of linked Services is subject to the privacy practices and terms of use established by the specific linked Services, and we disclaim all liability for such use. 

 

  1. Information Collected. Use of our Services includes the submission of personal information through our online forms. You are agreeing to submit personal information including your name, email address, phone number.

 

  1. IP Ownership. 
  2. Wander Corp. Copyright. Our Services are owned and operated by Wander Corp. and its licensors, and the Information (and any intellectual property and other rights relating thereto) is and will remain the property of Wander Corp.. The Information is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of our Services or any Information without our prior written permission. Our Services and Information may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Wander Corp. Use of our Services or any Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using our Products and Services or any Information.
  3. Wander Corp. Trademarks. The trademarks and logos displayed on our Services (collectively, the “Trademarks”) are the registered and unregistered trademarks of Wander Corp. Nothing contained in this Agreement, or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Wander Corp., except as set forth in this section. You acknowledge and agree that all rights in and to the Wander Corp. trademarks are our exclusive property, and any goodwill generated by your use of any Wander Corp. trademark will inure to our exclusive benefit. You will not take any action that conflicts with our rights in or ownership of any Wander Corp. trademark.

 

  1. Vendors and Service Providers. We may engage vendors, agents, service providers, and affiliated entities to provide services to us or to Users on our behalf (“Service Providers”), such as support for the internal operations of our Services, online stores (including payment processors), products and services (e.g., forum operations, and technical support processing), as well as related offline product support services, data storage and other services. Any and all Service Providers agree that any and all other existing and future contracts, agreements, licenses, and any other business arrangement with Wander Corp. shall remain in full force and effect and in no way be altered or deemed to have changed in addition to compliance with the terms of this Agreement. This includes but is not limited to adherence to Wander’s Privacy Policy and compliance with IP Ownership rights pursuant to Section 27 of this Agreement.

 



  1. DMCA Notices.If you are a copyright owner or an agent thereof and believe that any User Generated Content or other content on the site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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 the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

You can send your notice to Wander Corp. at legal@wander-corp.com. A copy of your DMCA  Notification will be sent to the person who uploaded the material addressed in the Notification. Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification.

 

  1. Use by Children. You hereby affirm that you are over the age of 18. If you are under the age of 18, you are specifically prohibited from the use of the Services otherwise.  You or your parent further affirm that you or the parent are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. 
  2. Child Safety Standards. You hereby affirm and understand that  Wander Corp and our app comply with all child safety laws and  explicitly prohibit child sexual abuse and exploitation (CSAE) and that Wander Corp will take immediate action to  to report, remove, and respond to and all child sexual abuse material (CSAM) concerns, including but not limited to the termination of your use of our services and our reporting to the appropriate local authorities.

 

  1. Term & Termination. This Agreement is effective from the date that you first access our Services and shall remain effective until terminated in accordance with its terms. Wander Corp. may immediately terminate this Agreement, and/or your access to and use of our Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice.  You understand that Wander Corp. may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Wander Corp. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use our Services shall immediately cease, and you shall destroy all copies of information that you have obtained from our Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Wander Corp. rights of ownership shall survive any termination.

 

  1. Disclaimers.OUR SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND SERVICES ARE CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

 

THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT OUR SERVICES, OR YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT OUR SERVICES, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE FROM OUR SERVICES, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF OUR SERVICES, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.

 

  1. Limitation of Liability.NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER Wander Corp. NOR ANY OF ITS AGENTS, SUCCESSORS, OR ASSIGNS, NOR Wander Corp. MEMBERS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO OUR SERVICES, INFORMATION, AND/OR ANY LINKED PRODUCTS AND SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIMS RELATED TO THESE SERVICES, THE INFORMATION, OR ANY LINKED PRODUCTS AND SERVICES IS TO STOP USING OUR SERVICES, OR LINKED SERVICES, AS APPLICABLE AND A FULL REFUND OF THE FEES PAID FOR THE SERVICES. 

 

NEITHER Wander Corp. NOR ANY OF ITS AGENTS, SUCCESSORS, OR ASSIGNS, NOR Wander Corp.’S MEMBERS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS.

 

  1. Indemnification. You agree to fully indemnify, defend, and hold Wander Corp. i, agents, successors, and assigns and Wander Corp’s directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any materials you submit to us or transmit to our Services infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with our Services or other Services to which our Services are linked; and/or (d) your negligence or willful misconduct.

 

  1. Other Jurisdictions. Wander Corp. makes no representation that our Services operate (or are legally permitted to operate) in all geographic areas, or that our Services or Information are appropriate or available for use in other locations. Accessing our Services from territories where our Services or any content or functionality of our Services or portion thereof is illegal is expressly prohibited. If you choose to access our Services, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.

  2. Notice. By use of our Services, you consent to receive electronic communications from Wander Corp.. You also agree that any such communications satisfy any legal requirement to make such communications in writing under this Agreement or under any applicable laws or regulations. Specifically, we may provide notice to you by sending an email to the address that you provided as part of your registration for our Products and Services. Any notice to Wander Corp. will be provided by both (a) send via an email to Wander Corp. at legal@wander-corp.com and (b) providing a copy by certified mail, return receipt requested to Wander Corp: 108W 13th Street, Suite 100, Wilmington DE 19801

 

  1. No Waiver. No delay or omission by either party in exercising any rights under this Agreement will operate as a waiver of that or any other right. A waiver or consent given by either party on any one occasion is effective only in that instance and will not be construed as a bar to or waiver of any right on any other occasion.

  2. Assignment. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Wander Corp.’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Wander Corp. may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.

  3. Right to Change Terms. We reserve the right at any time, with or without cause, to (a) change the terms and conditions of this Agreement; (b) change our Services; or (c) deny or terminate your use of and/or access to our Services. Any changes we make will be effective immediately upon our making such changes to our Services, with or without additional notice to you. You agree that your continued use of our Services after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all the terms and conditions of our Privacy Policy (which can be accessed at Wander Corp. Privacy Website Address at arkmobileapp.com and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. YOUR CONTINUED USE OF OUR SERVICES AFTER SUCH POSTING MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

  4. Mediation and Arbitration. Any controversy between the Parties to this Agreement involving the construction or application of any of the terms, provisions, or conditions of this Agreement, shall on written request of either party served on the other, be submitted first to mediation and then if still unresolved to binding arbitration. Said mediation or binding arbitration shall comply with and be governed by the provisions of the American Arbitration Association for Commercial Disputes unless the Parties stipulate otherwise. The attorneys’ fees and costs of arbitration shall be borne by the losing party unless the Parties stipulate otherwise, or in such proportions, as the arbitrator shall decide.

 

  1. Governing Law & Venue. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Delaware. The Courts of Delaware shall be the exclusive forum for any mediation, arbitration, litigation, or dispute resolution.  

 

  1. Class Action Waiver: To the maximum extent permitted by applicable law, You and Wander Corp. agree to only bring Disputes in an individual capacity and shall not 1. seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or 2. consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to this Agreement and all other actions or arbitrations.

  2. Enforceability. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. 

  3. Entire Agreement. This Agreement, along with the Privacy Policy, constitute the entire agreement with respect to the relationship between Wander Corp. and you and supersedes all prior agreements, whether written or oral, concerning such relationship. This Agreement may not be changed, waived, or modified except by Wander Corp. as provided herein or otherwise by written instrument signed by Wander Corp.

 

 

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