1.OVERVIEW

Wicksteed Open Air receives compensation for referring buyers to the retailers, brands, merchants, and other partners participating in the Services (“Retailers”). Compensation received by Wicksteed Open Air may play a part in whether Retailers and products appear on our Services, where they are placed, and how we promote them to you. The Services provided at the sole discretion of Wicksteed Open Air and subject to your compliance with this Agreement. The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by Wicksteed Open Air in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement.

2. ELIGIBILITY TO USE SERVICES

You must be 18 years or older to use our Services.  This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.

By accessing the Services, you represent and warrant to Wicksteed Open Air that: (i) you are an individual (i.e., not a corporation) at least 18 years old; (ii) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.

3. SERVICES

4. ACCOUNT MAINTENANCE

Updating Your Account.  You agree to keep your Account information current, complete and accurate by periodically updating such information. You must be logged into your Account and enter your password to change your Account information. You will maintain the confidentiality of your Account information, including username and password by which you access the Services. Any use of your username and password will be deemed to be your use, and Wicksteed Open Air is entitled to act on instructions received under your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.

Account Activity.  You understand that you are solely responsible for all information submitted by you through the Services and that Wicksteed Open Air will not be liable for any errors or omissions in any such information.

5. CONTENT

Copyrights. All materials displayed or performed on the Services, including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video, and influencer images (collectively, “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of Wicksteed Open Air or the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

6. Wicksteed Open Air INTELLECTUAL PROPERTY AND LIMITED LICENSES

The technology and the software underlying our Services is the exclusive property of Wicksteed Open Air. Subject to your compliance with this Agreement, Wicksteed Open Air grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by Wicksteed Open Air in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Wicksteed Open Air, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to Wicksteed Open Air or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.  You are prohibited from bidding on keywords containing “Wicksteed Open Air” or other similar words or marks, including, but not limited to, misspellings thereof, for the purpose of driving traffic to your pages. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Wicksteed Open Air, its affiliates, or any third party.

All rights not expressly granted under this Agreement are reserved by Wicksteed Open Air and/or its licensors.

7. YOUR REPRESENTATIONS AND WARRANTIES

You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party or misappropriate the trade secrets of any third party in connection with your use of the Services; (ii) violates any law, statute, rule, ordinance or regulation or otherwise constitutes manipulative or misleading activity; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without Wicksteed Open Air’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Wicksteed Open Air.

8. RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES

You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Services; (ii) introduce any code intended to disrupt the Services; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other Content of the Services; (iv) access the Services by expert system, electronic agent, “bot“ or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Wicksteed Open Air; (vi) use the manual or automated software, devices, or other processes to “scrape“, “crawl“ or “spider“ or index any page or Content of the Services; (vii) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of the Services; (viii) rent, sell or sublicense any of the Services; (ix) provide any unauthorized third party with access to the Services; (ix) access or attempt to access confidential information through the Services; (x) interfere with the operation of the Services, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Wicksteed Open Air user; (xii) use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; and (xiii) remove, obscure, or alter any notices or links (e.g., links to Wicksteed Open Air’s Privacy Policy and Terms of Service) on the Services or any of the features or tools or other Services.

9. INTERNATIONAL USE; EXPORT CONTROLS

The Services are offered by Wicksteed Open Air from its facilities in the United States of America. Wicksteed Open Air makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export control laws. No software may be downloaded from the Services or otherwise exported or re-exported in violation of the export control laws of the United States.

10. DISCLAIMER OF WARRANTIES

THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE SERVICE. Wicksteed Open Air DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, Wicksteed Open Air DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT, THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS OR OF ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS RETAILERS IN CONNECTION WITH THE SERVICES.

Without limiting the generality of the foregoing, Wicksteed Open Air makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). Wicksteed Open Air displays suggested retail prices for goods offered on the Services based on pricing information provided by vendors, Retailers, and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Wicksteed Open Air website.