Wildhive, LLC d/b/a Wild Bum
Terms of Service
The terms described below cover the entire Wildhive, LLC d/b/a Wild Bum website (“Site”) and applications accessible or downloadable from the Site (“Application”). Words such as “we,” “us,” or “our” refer to Wildbum. Words such as “you,” “your” and other similar expressions refer to our customers, or the specific users of this Site or Applications. Wild Bum and its users will be known as the “Parties.” By visiting and using the Site, you accept the practices described in these Terms.
1. Scope of Services; Relationship to Architects.
Wild Bum is an online marketplace that enables registered users (“Members”) and certain third parties to offer Services (Members and third parties who offer services are referred to as “Architects”). The Services involve publishing and offering for sale Travel Guides to persons visiting the Site (“Guests”).
WILD BUM IS NOT A DIRECT PROVIDER OF SERVICES. WILD BUM PROVIDES A MEANS OF OBTAINING SERVICES WHICH ARE DIRECTLY PROVIDED BY INDEPENDENT CONTRACTORS. WILD BUM ASSUMES NO RESPONSIBILITY OR LIABILITY RELATED TO THE SERVICES PROVIDED BY OR ACTIONS OF SUCH INDEPENDENT CONTRACTORS.
Wild Bum does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Travel Guides. Architects alone are responsible for the Travel Guides they create and post. When Members purchase an Travel Guide, they are entering into a contract directly with the Architect. Wild Bum is not and does not become a party to, or participant in any contractual relationship between Architects and Guests.
2. Using the Site
When retrieving information from the Site, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Site except for the small amount of materials and information temporarily required for an ordinary single use of the Site by you, or (c) accessing data not intended for you.
Use of the Site or the Applications may require a login and password that you will create (your “Membership”). You are responsible for maintaining the confidentiality of your Membership, and you are fully and solely responsible for all activities that occur under your Membership. It is up to you to take adequate precautions with your Membership, and to immediately notify Wildbum of any unauthorized use of your Membership. You are not required to submit any information to our Site. However, without providing the requested information, you may be unable to access certain features of our Site, including purchasing an Travel Guide.
By accessing or using the Site, the Services, or the Applications, you expressly agree to the following:
- You represent and warrant that you are legally entitled to enter into these Terms and to use the Services.
- You represent and warrant that you are at least 18 years old. If you are under the age of 18, you are not permitted to submit any personal information to us.
- You shall provide accurate, true, and current information as prompted during the account registration process and shall keep it current at all times.
- You shall not allow any other person or entity to access or use your account. You shall not share your password or any other login credentials with any other person or publicly disclose it.
- You shall comply with all state and local laws of each location in which you access the Site or use the Services. You shall not use the Site or Applications for any illegal or unauthorized purpose.
- You shall only access or use the Site or Applications with a compatible device or computer. Wild Bum assumes no responsibility or liability for loss resulting from failure to comply with this provision.
- You shall be solely responsible for all activity associated with your account, including any posted data, text, images, audio, video, or any other content (collectively, the “Content”).
- You represent and warrant that all Content that you post to the Site or submit through the Applications shall be your wholly original material (except for material that you are using with the permission of its owner) and does not infringe or violate any copyright, trademark, or other rights of any third party including any rights of privacy or publicity.
- You shall be solely responsible for keeping a duplicate copy of all Content; we do not accept any responsibility or liability for the loss of your Content.
- You shall not duplicate or resell the Applications.
- You acknowledge that, by accessing or using the Site and the Applications, certain mobile carrier charges may apply, including SMS messaging charges and data charges.
- You shall not transmit worms, viruses or any code of a destructive nature to Wildbum, other users, the Site, or the Applications.
- You shall not abuse, harass, threaten, harm or impersonate other Wildbum users or employees or contractors of any Wildbum entity, its related entities, successors or assigns, at any time or for any reason.
- You shall not post Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct.
Any use of the Site, the Services, or the Applications in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use your Membership, the Site, the Services, and/or the Applications. Wildbum reserves the right to monitor your use of the Site, the Services, and the Applications. Furthermore, we reserve the right to deactivate or suspend your use of the Site, the Services, or the Applications for any reason.
3. No Guarantee.
Wild Bum has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Travel Guide, (ii) the truth or accuracy of any descriptions, ratings, reviews, or other Member or third party content, or (iii) the performance or conduct of any Member or third party. You should always exercise due diligence and care when deciding whether to purchase and rely upon an Travel Guide. Images included with Travel Guides are intended only to indicate a photographic representation at the time the photograph was taken, and are therefore not an endorsement by Wildbum of any Architect or Travel Guide.
4. Architect Relationship.
If you choose to use the Wildbum Platform as an Architect, your relationship with Wild Bum is limited to being an independent third-party contractor, and not an employee, agent, joint venturer or partner of Wild Bum for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Wild Bum. Wild Bum does not, and shall not be deemed to direct or control you generally or in your performance under these Terms specifically. You acknowledge and agree that you have complete discretion whether to post an Travel Guide or engage in other business or employment activities. Please see terms below that are applicable to your posting and selling through Wild Bum.
5. Intellectual Property Rights
The copyrights and other intellectual property in the Site, the Services, and the Applications are owned by Wild Bum, its independent contractors, or its licensors. Subject to your compliance with these Terms, you are authorized to view, store, print, copy, and distribute the pages, data, text, images, audio, video, or other content within the Site or Applications for the purposes of your personal use of the Services or as you are considering use of the Services. This right is non-transferable and non-sublicensable. All other rights are reserved. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution.
By posting Content to the Site or submitting Content through the Applications, you hereby grant Wild Bum a worldwide, perpetual, non-exclusive, royalty-free license to use, reproduce, distribute,sublicense, transfer, prepare derivative works of, and display the Content when operating the Site and Applications, and for Wildbum’s internal business purposes, which include the Services.
Subject to your compliance with these Terms, you are authorized to download and install a single copy of any of the Applications for your personal, non-commercial use only. This right is non-transferable. All other rights are reserved. You may not sell, transfer, license, sublicense, or distribute the Applications to any third party and you may not use the Site, Services or Applications for the purpose of indirectly or directly competing with Wild Bum.
You acknowledge that use of the Site, Services, and Applications may involve fees charged by Wild Bum. Pricing information displayed on the Site or through the Applications is subject to change. Wild Bum may increase or decrease fees in its discretion. All fees are final, non-refundable, and shall be paid by you immediately when due. Except as expressly stated in these Terms or on the Site or Applications, Wildbum has no obligation to provide refunds or credits, but may grant them, in each case in Wild Bum’s sole discretion. As a user of the Services and Applications, you agree that you shall: (i) as a condition to requesting Services, provide a valid credit card or other authorized payment method; and (ii) pay for all Services that you request from the Site or Applications. You expressly authorize Wild Bum to charge the payment method you provide for any Services you request. You also expressly authorize Wildbum to set the prices for all charges and fees that apply to the provision of such Services. Your selection of the “Confirm” button on the checkout page is your electronic signature and you agree that (a) this signature is the legal equivalent of your manual signature and (b) this transaction is equivalent to an in-person transaction where your payment method is physically present.
Standard SMS and data fees may apply when accessing or using the Site or Applications from a mobile device. To opt out of SMS notifications associated with the Services or Applications, please contact Wildbum at firstname.lastname@example.org.
7. Ratings and Reviews
Guests and Architects can leave a public review (“Review”) and submit a star rating (“Rating”) about Travel Guides Ratings or Reviews reflect the opinions of the individual and do not reflect the opinion of Wild Bum. Ratings and Reviews are not verified by Wildbum for accuracy and may be incorrect or misleading.
Ratings and Reviews must be accurate and may not contain any offensive or defamatory language. Members and Architects are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about an Travel Guide. Wild Bum reserves the right to remove any content it finds in violation of this policy.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to Wild Bum (“Feedback“). You may submit Feedback by emailing us at email@example.com, or by other means of communication including social media. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, sublicense, transfer and publish all or any part of your Feedback for any purpose, without compensation to you.
9. Modification of Terms
Wild Bum reserves the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on the Wildbum Platform and update the “Last Updated” date at the top of these Terms.
10. Account Registration
You must register an account to access and use certain features on Wild Bum, such as publishing or purchasing an Travel Guide. If you are registering a Wildbum Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You must provide accurate, current and complete information during the registration process and keep your Wildbum Account and public Wild Bum Account profile page information up-to-date at all times.
You may not register more than one (1) Wild Bum Account unless Wildbum authorizes you to do so, in writing. You may not assign or otherwise transfer your Wild Bum Account to another party.
You are responsible for maintaining the confidentiality and security of your Wild Bum Account credentials and you may not disclose your credentials to any third party. You must immediately notify Wild Bum if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Wild Bum Account. You are liable for any and all activities conducted through your Wild Bum Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
11. Terms specific for Architects
When posting an Travel Guide on Wild Bum you must (i) provide complete and accurate information about your Travel Guide (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for an experience) and (iii) provide any other pertinent information requested by Wildbum (“Listing”). You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
Any terms and conditions included in your Travel Guide, for example, in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
Pictures, animations or videos (collectively, “Images”) used in your Travel Guides must accurately reflect the quality and condition of your Travel Guide suggestions. Wild Bum reserves the right to require that Travel Guides have a minimum number of Images of a certain format, size and resolution.
The placement and ranking of Travel Guides in search results on Wild Bum may vary and depend on a variety of factors, such as Guest search parameters and preferences, Architect requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Travel Guide, and/or ease of booking.
When you sell an Travel Guide, you are entering into a legally binding agreement with the Guest and are required to provide any Service(s) as described in your Travel Guide when the purchase is made. You also agree to pay the applicable Architect Fees and any applicable Taxes.
Wild Bum recommends that Architects obtain appropriate insurance for their Travel Guide postings which will be available to Guests.
As an Architect, you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes, income taxes or any other applicable taxes (“Taxes”).
Tax regulations may require us to collect appropriate Tax information from Architects, or to withhold Taxes from payouts to Architects, or both. If an Architect fails to provide us with documentation that we determine to be sufficient to meet our obligation (if any) to withhold Taxes from payouts to you. You expressly agree that we may freeze all payments to you and withhold such amounts as required by law, or do both, until resolution.
12. Terms specific for Guests
Subject to meeting any requirements (such as completing any verification processes) set by Wild Bum, you can purchase an Travel Guide by following the respective purchasing process. All applicable fees will be presented to you prior to purchase. You agree to pay the Total Fees for any purchase requested in connection with your Wildbum Account.
Upon receipt of Total Fees, a legally binding agreement is formed between you and your Architect, subject to any additional terms and conditions of the Architect that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Travel Guide. Wild Bum will collect the Total Fees at the time of the purchase.
You should carefully review the description of any Travel Guide to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Architect has specified in its Listing. In addition, certain laws, like the minimum legal drinking age in the location of the Travel Guide may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Travel Guide.
You may not publically post or duplicate the purchased Travel Guide in any way, on any platform, in any medium, and under any circumstances.
You shall indemnify, defend and hold harmless Wild Bum and its affiliates, related companies, officers, directors, members, employees, agents, representatives, partners, and licensors from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) your use of the Site, Services, or Applications, (ii) your violation of these Terms, or (iii) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account. You agree to immediately notify Wild Bum of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the Site or Applications.
14. Limitation of Liability
WILD BUM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ASSESSING THE ABILITY OR SUITABILITY OF INDEPENDENT CONTRACTORS, WHO PROVIDE YOU SERVICES AS THIRD PARTIES. YOU EXPRESSLY WAIVE AND RELEASE WILDBUM FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM INDEPENDENT CONTRACTORS YOU ENCOUNTER THROUGH USE OF THE SITE, SERVICES OR APPLICATIONS. WILDBUM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ACTS BY INDEPENDENT CONTRACTORS DURING THE PERFORMANCE OF SERVICES WHICH INCLUDING THOSE THAT CAUSE PERSONAL INJURY, PROPERTY DAMAGE, DEATH, THEFT, DEFAMATION, DISPARAGEMENT, DISCRIMINATION, BREACH OR INTERFERENCE WITH A THIRD-PARTY CONTRACT, OR MISREPRESENTATION. YOU ACKNOWLEDGE THAT WILDBUM OWES NO DUTY OF CARE TO YOU AND WILD BUM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR BREACH OF SUCH A DUTY BY AN INDEPENDENT CONTRACTOR.
WILD BUM EXERCISES NO CONTROL OVER THE SCHEDULES OR AVAILABILITY OF INDEPENDENT CONTRACTORS AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM ISSUES RELATED TO THE SCHEDULE OR AVAILABILITY OF AN INDEPENDENT CONTRACTOR. WILDBUM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR LOSSES OR DAMAGES RESULTING FROM DISCLOSURE OF YOUR PERSONAL OR CONFIDENTIAL INFORMATION BY AN INDEPENDENT CONTRACTOR. WILDBUM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR AN INDEPENDENT CONTRACTOR’S FAILURE TO MAINTAIN or OBTAIN ANY LICENSES OR PERMITS, OR LACK OF TRAINING, EXPERIENCE, OR BUSINESS QUALIFICATIONS NECESSARY TO PROVIDE SERVICES. WILDBUM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR DISPUTES BETWEEN YOU AND ANY INDEPENDENT CONTRACTOR, INCLUDING PAYMENT DISPUTES, THE FAILURE TO PROVIDE SERVICES, AND DISPUTES RELATED TO THE METHOD, DETAILS, AND MEANS THAT AN INDEPENDENT CONTRACTOR CHOOSES TO PERFORM SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILDBUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR APPLICATIONS; OR (B) ANY CONTENT OBTAINED FROM THE SITE OR APPLICATIONS.
YOU EXPRESSLY AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT YOU ARE ENTITLED TO IN ANY CLAIM AGAINST WILDBUM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WILL NOT EXCEED THE MONIES WILDBUM HAS RECEIVED FROM YOU FOR THOSE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIMS AGAINST WILDBUM MUST BE MADE WITHIN ONE YEAR OF THE FACTS GIVING RISE TO THE CLAIM.
15. Governing Law and Dispute Resolution.
These Terms shall be governed by and interpreted under the laws of the State of Minnesota. If any dispute, controversy or claim arises between the Parties with respect to this Agreement or any future amendment to this Agreement, you agree that the matter will be submitted for mediation before a mutually agreed upon mediator in Minnesota. If the Parties cannot agree on a mediator, the matter will be heard by a mediator appointed through the Minnesota Mediation Center or similar service if Minnesota Mediation Center no longer exists. If mediation does not result in agreement, the Parties agree to Minnesota state courts in Hennepin County, Minnesota, as the venue for any litigation regarding this Agreement, including the rights and obligations of any Party to this Agreement.
No Class Actions or Representative Proceedings. You expressly agree that you are waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide mediation or arbitration, private attorney-general action, or any other representative proceeding as to any dispute with Wildbum. Further, unless you and Wild Bum both otherwise agree in writing, the mediator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
If any provision of this Agreement is declared invalid or unenforceable, then that provision will be modified to one that is valid and enforceable and most closely carries out the intent of the initial provision, and all remaining provisions of this Agreement will continue in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and Wild Bum as a result of this Agreement or your use of the Site.
18. Third Parties
These Terms do not and are not intended to confer any rights or remedies upon any person other than the Parties.
Wild Bum’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Wilbum’s prior written consent. Wild Bum may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
21. Entire Agreement