Terms Of Use
Last updated: January 14, 2025
Please read these Terms of Use carefully before using the website.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Pennsylvania, United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to SOJOURNICA, LLC.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service or Site refers to the Website.
- Terms of Use (also referred as “Terms”) mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the website.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to SOJOURNICA, accessible from https://www.sojournica.com
- You means the individual accessing or using the website, or the company, or other legal entity on behalf of which such individual is accessing or using the website, as applicable.
Acknowledgment
These are the Terms of Use governing the use of this website and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the website.
Your access to and use of the website is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the website.
By accessing or using the website You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the website.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the website.
Your access to and use of the website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our website.
Intellectual Property
Our Site and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of SOJOURNICA, LLC and its licensors.
Our Site is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Without prior authorization, you are not permitted to alter, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute any content from the Site in any way, including via email or other electronic means.
Links to Other Websites
Our website may contain links to third-party web sites or services that are not owned or controlled by the Company.
SOJOURNICA, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.
Upon termination, Your right to use the Service of this Site will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall SOJOURNICA, LLC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither SOJOURNICA, LLC nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
DMCA Policy
This Digital Millennium Copyright Act policy (“Policy”) applies to the sojournica.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”) and outlines how Sojournica (“Sojournica”, “we”, “us” or “our”) addresses copyright infringement notifications and how you (“you” or “your”) may submit a copyright infringement complaint.
Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which can be found at the U.S. Copyright Office website.
What to consider before submitting a copyright complaint
Please note that if you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
The DMCA requires you to provide your personal information in the copyright infringement notification. If you are concerned about the privacy of your personal information, you may wish to hire an agent to report infringing material for you.
Notifications of infringement
Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. Our response may include the removal or restriction of access to allegedly infringing material.
If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access.
The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.
Changes and amendments
We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes.
Reporting copyright infringement
At times, we may find images via Creative Commons. We have the deepest respect for other’s rights in their work.
If you feel that your infringing material rights have been violated, please send us a DMCA takedown notice and we’ll remove it right away. You can send the notice to co*****@********ca.com with the following information:
– Your address, telephone number, and email address;
– A description of the copyrighted work that you claim has been infringed;
– A description of where the alleged infringing material is located;
– A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
– A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the website. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the website, You agree to first try to resolve the dispute informally by contacting SOJOURNICA, LLC.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms of Use may have been translated if We have made them available to You on our website. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms of Use, You can contact us:
