These terms are effective immediately and may be updated as necessary.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
The Traveling Diary Platform
We agree to provide you with access to the Traveling Diary in addition to additional community engagements provided by us that are related to The Traveling Diary. The Service includes all of the Traveling Diary products, features, applications, services, technologies, and gatherings that we provide to advance our mission: To provide spaces of belonging and creativity for women who seek unique engagement and who prefer our solution over available alternatives because we foster authenticity. The Service is made up of the following aspects (the Service):
Offering opportunities to create, connect, communicate, discover, and share via a sisterhood of stories related to lived experiences.
Our goal is to foster a positive, inclusive, and safe environment.
We will work to combat any abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. This is a community of trust.
We will make our best efforts to try to keep our platform secure.
We also may share information about misuse or harmful content with law enforcement.
We respect your rights and will operate with a Data policy respectful of your rights.
In return for our commitment to provide the Service, we require you to make the below commitments to us.
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Traveling Diary community.
● You must be at least 18 years old.
● You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
● You must not be a convicted sex offender.
How You Can't Use Traveling Diary Tour platform
Providing a safe and open Service for a broad community requires that we all do our part.
● You can't impersonate others or provide inaccurate information.
● You don't have to disclose your identity, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't submit for someone else unless you have their express permission.
● You can't do anything unlawful, misleading, or fraudulent or for an illegal or
● You can't violate (or help or encourage others to violate) these Terms or our policies, including in particular the Traveling Diary Community Guidelines, Terms of the Release, or Traveling Diary platform Policy.
● You can't do anything to interfere with or impair the intended operation of the Service.
● You can't attempt to create accounts or access or collect information in unauthorized ways.
● This includes, but is not limited to creating accounts or collecting information in an automated way without our express permission, photocopying the Traveling Diary, or Destruction of the Traveling Diary when it is sent to you.
● You can’t keep the physical Traveling Diary for longer than three (3) days.
● You can't attempt to buy, sell, or transfer any aspect of your membership or account (including your username) or solicit, collect, or use credentials (of any type) of other users.
● You can't submit private or confidential information or do anything that violates someone else's rights, including intellectual property.
Permissions You Give to Us
As part of our agreement, you also give us permissions that we need to provide the Service.
● All of the terms of the Release are incorporated herein for reference and by submitting to the Traveling Diary platform and all of its affiliates you accept the terms of the Release.
● We claim ownership of your content once submitted to the platform, and if that ownership is not permitted by law; you grant us a license to use your content once submitted to the platform.
● When you submit content that is covered by intellectual property rights (like writings, photos, or videos) on or in connection with our Service, you hereby grant to us an exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, sell, and create derivative works of your content.
Permission to use your name, picture, and submitted information
● You give us permission to show your name, any submitted pictures, and your Traveling Diary submission without any compensation to you.
Additional Rights We Retain
● We retain all rights to our content.
● You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Community Guidelines or with our prior written permission.
Our Agreement and What Happens if We Disagree
● If any aspect of this agreement is unenforceable, the rest will remain in effect.
● Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
● We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement.
● This agreement does not give rights to any third parties.
● You cannot transfer your rights or obligations under this agreement without our consent.
● Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens.
● Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
● We don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content).
● We aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
● Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when or if we use your content. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100.
● You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How We Will Handle Disputes.
● Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Traveling Diary ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Traveling Diary users and/or participants. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations,
then only that claim (or only that request for relief) may be brought in court.
● All other claims (or requests for relief) remain subject to this provision.
● Instead of using arbitration, you or we can bring claims in your local "small claims" court,
if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
● The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways. In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
● This arbitration provision is governed by the Federal Arbitration Act.
● You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, email address or phone number you use for your submission profile, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: SUBJECT LINE: ARBITRATION OPT OUT/10 Ward Place, Montclair, NJ 07042.
● Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, a copy of your submission information (i.e. narrative, picture, etc.), email address or phone number you use for your Traveling Diary submission, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Monkey Bread Publishing Inc. ATTN: Traveling Diary Submission Arbitration Filing, Monkey Bread Publishing Inc. 10
Ward Place, Montclair, NJ 07042. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Traveling Diary account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
● You will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration brought. If this provision is found to be invalid or not permissible
by the state law, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
● For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the state court of New Jersey in Essex County. You also agree to submit to the personal jurisdiction of this court for the purpose of litigating any such claim.
● The laws of the State of New Jersey, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
● We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. We will notify you as required by law to changes to these Terms. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, do not submit your material to this platform.
Thank you for agreeing to participate in The Traveling Diary Tour™ (the “Project”). This release/consent form is related to your participation in the Project and covers the submission to us of stories of any kind including your written contributions on the The Traveling Diary Tour™ platform, recording of your interview(s), submission of any stories, and any text, video, pictures, writings, or graphics that you contribute (the “Materials”).
Participation and Grant of Rights: By participating in the Project, you grant us the rights to all submitted works and Materials to the The Traveling Diary Tour™ (including but not limited to photographs, video/film, audio, transcriptions, and edits of any recordings and social media narratives using your identifiable social media handles, collectively referred to as the “Recordings,” which you acknowledge once submitted to The Traveling Diary Tour™ will be owned exclusively by Monkey Bread Publishing Inc. and the perpetual, irrevocable, gratis right to use the Recordings, the Materials, and your name and likeness in connection with the Project and any derivative works based on the Project including licensing of merchandising rights. “Use” includes the right to print, display, perform, publish, license, promote, create and sell merchandise, and distribute throughout the world, in any language or format, in perpetuity. You
hereby waive and release any claims related to your submission, the Project, the Materials, and the Recordings and the use of these rights, including but not limited to any claims related to the rights of publicity, privacy, trademark, trespass, copyright, moral rights, libel, intrusion, and/or misappropriation. The act of submitting Materials or Recordings to The Traveling Diary Tour™ effectively serves as the assignment and transfer of all right, title, and interest in any copyrightable material being submitted. The Traveling Diary Tour™ shall be considered the author of the Recordings and Material for all purposes, and shall be, and remain at all stages of completion, the sole and exclusive owner of the Material and all right, title and interest therein (the “Rights”). The Rights shall include, without limitation, the undivided copyright (and all renewals, extensions, and reversions thereof), neighboring rights, patent and trademark rights, and any and all other ownership, economic, and exploitation rights in and to the Material and Recordings now or hereafter recognized in any and all territories and jurisdictions including, by way of illustration, production, reproduction, distribution, adaptation, performance, fixation, rental and lending rights, exhibition, broadcast and all other rights of communication to the public, and the right to exploit the Material and Recordings throughout the universe in perpetuity in all media, markets, languages, and forms of expression and communication now known or later developed. To the extent legally permissible, by submitting to the The Traveling Diary Tour™ you hereby waive all rights (if any) of “droit moral,” rental rights and similar rights in and to the Material for yourself and each and every aspect thereof, and agree that The Traveling Diary Tour™ shall have the right to revise, condense, abridge, expand, adapt, change, modify, add to, subtract from, re-title, re-draw, re-format, re-color or otherwise modify the Material or Recordings and each and every aspect thereof, in any manner, The Traveling Diary Tour™ may in its sole discretion determine and without your consent or the consent of any of your heirs, agents, employees, assigns, or subcontractors.
Exclusivity: By participating in the Project, you grant us the exclusive access to your story. This exclusivity will provide The Traveling Diary Tour™ and its members, officers, representatives, sublicensors, assigns, and the distributors of this project with the sole rights to your story in perpetuity and shall include the anecdotes, insights, backstories, photographs, and narratives shared on The Traveling Diary Tour™ platform. This release provides your explicit consent and preserves the exclusivity of the access and rights highlighted herein.
Representations and Warranties: You agree that (a) you are 18 years old or older; (b) your contribution to the Materials is original to you; (c) to the best of your knowledge your contribution does not infringe on the rights of any third party (including copyright, trademark, rights of publicity or privacy, and/or any other proprietary right; and the material is not libelous or otherwise contrary to law); and (d) nobody else can claim ownership or control over your contribution to the Materials. If any third-party consent is needed for you to participate in the Project or make a contribution to the Materials, you will use best efforts to assist in securing that necessary consent including securing all intellectual property rights and licenses.
If any of the things in the prior paragraphs are not true, although we appreciate your interest, you are not permitted to submit to The Traveling Diary Tour™.
By submitting the Material to the Project, you agree to indemnify The Traveling Diary Tour™ (and its members, officers, representatives, sublicensors, and distributors) for any losses, damages, or expenses related to the breach of any of the above representations and warranties, including any claims which, if true, would constitute a breach.