TERMS & CONDITIONS

I fully understand that my failure to abide by all rules and regulations governing my conduct on this trip may result in my removal from the trip and return home at my expense without refund of any money paid or benefits which would have been received. I am fully aware of the rules of conduct for my group which govern the trip and I agree to abide by them.  I also agree to abide by any other rules which WorldKind, suppliers, sponsors, or otherwise specified, may require. WorldKind reserves the right to cancel or reschedule any tour departure.

PRICE GUARANTEE

The price for the tour you’ve booked is locked in and guaranteed when we receive your deposit (Note: WorldKind tour package prices do not include airfare and are subject to change without notice if you have not locked in your price by paying a deposit). We do reserve the right to re-invoice you in case an error is made in calculating your price. We cannot be responsible for typographical errors, misprints, and misquotes.

PACKAGE PRICES AND INCLUSIONS

WorldKind is proud to offer many extra experiences that you will not find on every tour, and we try to include as much as possible. The detailed itinerary with specific inclusions is provided on WorldKind’s website for our "Join-in" programs or provided to you in writing for requested group proposals. The complete list of items included in each part of the tours and the complete pricing may be found on your trip’s page or in your program proposal. We endeavor to handpick centrally located hotels that we hope you will enjoy. Hotels and reservation dates are also listed on your program’s trip page and are incorporated in this agreement by reference. Prices are in U.S. dollars and are based on operating costs, fuel prices, taxes, fees, and projected exchange rates at the time of contracting with suppliers. Package prices do not include any fees, gratuities, or service charges other than those listed in the tour itinerary.

PRICE EXCLUSIONS

Tour package prices do not include any items other than those listed in the tour itinerary, such as visas, passport fees, trip insurance, incidental charges (snacks, laundry, phone calls, pay-tv movies, etc.), beverages, meals not stated in your tour itinerary, and items of a personal nature. Gratuities for your host(s), motorcoach driver, hotel housekeepers, or other staff are not included unless otherwise specified on your tour’s page. Transportation to and from the airport is not included if you choose to arrive early or stay past the end of the contracted tour.

ITINERARIES SUBJECT TO CHANGE OR CANCELLATION

Travel is often full of surprises and requires flexibility. WorldKind continually strives to improve travel itineraries. If such improvements can be made, we reserve the right to vary itineraries and to substitute hotels. If unforeseen circumstances beyond our control make changes necessary, we will make every effort to substitute hotels and venues of similar standard and location whenever possible, but uncompleted portions of the tour itinerary caused by circumstances beyond our control are not cause for any refunds.

If WorldKind cancels a "Join-in" tour you have booked because of under-enrollment in the tour, we will refund to individuals the entire amount paid to WorldKind, please allow thirty (30 days) for refunds to be processed. After your canceled tour has been refunded, WorldKind and its representatives have no other obligations to members on canceled trips. We strongly advise you to purchase travel insurance to cover any additional costs or fees related to the cancellation of airline tickets or other travel reservations not made by WorldKind since we are not responsible for any additional costs or fees.

If WorldKind is forced to cancel a tour because of events beyond our control (e.g., country border closures because of a spike in COVID-19), the standard cancellation policies and reimbursements rates apply as listed in the "Cancellation & Refund" section of these Terms and Agreements. WorldKind begins planning your tour months, and sometimes even years, in advance and puts in a significant amount of time and effort to design world-class, educational travel programs. Because of the time and expenses involved in planning, preparing, and pre-paying for portions of your tour on your behalf, we have already incurred substantial non-recoverable costs and expenses. The pandemic has hit the tourism and hospitality sectors particularly hard, and if we want to keep people employed who are needed to make travel possible, that means that they need to be paid fairly and equitably for the work that they have already done on our behalf. Past certain dates and regardless of the reason for cancellation, WorldKind is unable to recoup certain costs and expenses, and that is why we have our "Cancellation & Refund" policies. That is why WorldKind strongly encourages participants to secure their own Travel Insurance with a "Cancel For Any Reason" policy that covers COVID-19 cancellations and can help you recoup any portions of your tour that may not be recoverable under WorldKind's "Cancellation & Refund" policy past certain dates. 

RESERVATIONS & PAYMENTS

To confirm your reservation on a WorldKind "Join-in" tour open to the public, you must agree to these Terms and Conditions and provide a per-person deposit. Upon confirmation of reservation, the balance of payment will be due on the date specified on your tour’s page on the website. For reservations made after the final payment date, full payment is due immediately; a deposit or full payment may be taken if you are placed on a waitlist. All checks and money orders should be made payable to WorldKind. We also accept credit and debit card payments through our website. WorldKind may cancel reservations if full payment is not received by the due date, and your deposit will not be refunded past the final payment due date.

For private group tours that you've contracted WorldKind to plan on your behalf, we require a non-refundable group deposit. The group deposit will be applied to the balance owed once the group meets the guaranteed minimum number agreed upon in our contract. The deposit is non-refundable if you cancel the tour or if the group does not meet the guaranteed minimum number, in which case the group deposit will be considered an excess payment in addition to the full group payment. This non-refundable group deposit is used to cover staff costs for the work already expended on your behalf. 

RETURNED PAYMENTS

If a payment made to WorldKind is returned unpaid for any reason (e.g., your check “bounces”), we will assess a $35 returned-item fee per occurrence. The fee(s) will be added to the applicable tour balance and must be paid in full prior to your tour departure.

CANCELLATION & REFUND

All refunds will be processed according to the manner in which you paid. Unless stated otherwise in these terms and conditions, please allow thirty (30) days for refunds to be processed. If full payment is not received by the due date, the reservation may be released. To avoid or reduce cancellation fees, we recommend the purchase of travel insurance.

All cancellations and refund requests must be made in writing to info@worldkindlearning.com. Your cancellation date will be the date we receive your notice. No verbal refund requests will be honored. Other than any non-refundable deposits, amounts paid to WorldKind are refundable until 100 days prior to your tour. After that point, refunds of final payment will be honored as follows:

• 99-75 days prior to departure: 75%
• 74-50 days prior to departure: 50%
• 49-25 days prior to departure: 25%
• 24-15 days prior to departure: 15%
• 14 days & after prior to departure: No refund

Cancellation penalties and fees imposed by our suppliers may be additional and, if imposed, will be deducted from the above refunds, if any. No refunds will be made after the commencement of your tour, whether for early termination, voluntary absence from the tour, or for any unused services. Your decision not to travel due to State Department warnings, fear of travel, illness, or any other reason, will be deemed a cancellation. If a flight or other delay for any reason causes you to miss services, no refunds will be given.

Please see our Limits on Responsibility elsewhere in these pages. Please allow 30 days for the administration of refunds. Comprehensive travel insurance (including trip delay, trip cancellation, trip interruption, and baggage) and health, accident and medical evacuation insurance are strongly recommended.

REVISIONS & CHANGES

WorldKind will make every effort to operate the tour as advertised; however, WorldKind reserves the right to alter or curtail the itinerary or substitute as deemed necessary.

ACCOMMODATIONS

Accommodation classification is based on a combination of factors including price, location and quality. In remote areas accommodation may be provided on the best available basis. Sometimes these hotels have no (or inadequate) air conditioning, slow (or no) Wi-FI, and may not offer en-suite accommodation (i.e., they may only have shared hall bathrooms). If such is the case, we will endeavor to prepare you and let you know ahead of time. Links to all hotels should be provided on your tour’s page so that you can learn about the amenities provided (or not provided). Again, WorldKind reserves the right to change accommodations if and when it becomes necessary. If unforeseen circumstances beyond our control make changes necessary, we will make every effort to substitute hotels and venues of similar standard and location whenever possible.

ROOM ASSIGNMENTS

If you are a solo traveler, you may request to share a room with another tour participant. We will do our best to meet your room requests made at the time of booking; however, these are requests, not guarantees. If you wish to guarantee a single, private room, there are a limited number of these available, and we will let you know immediately if we’re able to meet your request, and you will pay the requested single room supplement(s) when you settle your tour balance. However, please note that a single supplement does not guarantee a nicer room, just a private one.

PASSPORTS, VISAS, ENTRY, & VACCINATION REQUIREMENTS

All tour participants must be in possession of a passport valid for six months from their date of arrival in any foreign country. It is the sole responsibility of the tour participant to secure a valid passport with sufficient blank pages for immigration and visa stamps. We recommend that your passport has six months validity and at least 3 blank pages. Non-U.S. citizens should consult the consulate of the host country regarding the documentation required.

It is the responsibility of the traveler to obtain any necessary visas for entry into any countries included in the tour program.

It is the responsibility of the traveler to provide WorldKind with the correct spelling of their full name as it appears on their government-issued identification documents. Any person who cannot prove that he or she is the person designated on the reservation will not be allowed to board transportation vehicles.

All participants are responsible for meeting the current entry requirements of the country(ies) to which they are traveling. Failure to do so will void any refunds you may have been entitled to from WorldKind should you be denied entry to the country or to any establishment within the country because of your vaccination status. Also, because we will be traveling in close proximity to one another as a group and want to keep each other as healthy as possible, WorldKind STRONGLY requests all tour participants to be fully vaccinated and boosted more than 14 days prior to their departure  Should you choose not to do so, you travel at your own risk and also may be opening yourself up to liability should you spread COVID to other group members. Please be kind and consider that your choices impact the health of other group members and of our partners in host countries.

BAGGAGE

You (or your traveling companion) are responsible for carrying or rolling and lifting all baggage. Our tour guides are not responsible for providing assistance with luggage. All baggage is transported at owner’s own risk. Please check directly with the airline for specific baggage allowances. Since we often travel in smaller buses, we are limited on baggage space. WorldKind arrangements and tour costs are based on the baggage allowance of one suitcase, one carry-on bag, and one personal item per traveler. If you anticipate that your luggage will exceed this amount, please contact us as soon as possible so that we can make separate arrangements. All money, valuables and travel documents should be packed in a carry-on bag for which you are responsible at all times. WorldKind cannot be responsible for loss or damage to baggage. Travel Insurance is strongly recommended.

CHILDREN TRAVELING

Our programs are geared toward adults. On occasion, we do permit children over 12, accompanied by an adult, to join our WorldKind Journeys. Children 17 and under must be accompanied by an adult. WorldKind does not provide childcare. The adult accompanying the child assumes full responsibility for their care. Any portions of the program during which a child cannot or chooses not to participate will not be cause for any refund.

For private group programs, we realize that sometimes leaders, such as university professors, may bring their children when permitted to do so by their own institutions. Federal Air Regulations require that any child over the age of 24 months must occupy a separate seat. A birth certificate is required to validate the age of all infants under age two.

ACTIVITY LEVEL

Some of the hotels we use do have stairs and may not have elevators. Please consult your tour’s page for specific details about each of the hotels to determine whether or not they are able to provide you with the accommodations you need before signing up for your tour.

Most transportation is by a comfortable, private bus, but you will need to be able to climb on and off the bus (or bring an appropriate assistant who can help you). Most days the activity level will largely be getting on and off the bus repeatedly, with standing and walking around sights of interest. Some older sites will have uneven surfaces or portions that can only be visited via stairs, but upstairs portions are always optional.

There are days where it is possible to walk considerable distances. Please consult your specific tour’s page for more information about the amount of walking included in your tour. Typically, we expect participants to be able to walk two miles when necessary. You may be surprised how many steps you may take just in a museum visit.

TRAVELERS NEEDING SPECIAL ASSISTANCE

Persons needing special assistance and attention must share their accommodation needs with WorldKind at the time the reservation is made. WorldKind will make all reasonable efforts to accommodate the special needs for our travel guests. Such participants; however, should be aware that the Americans with Disabilities Act is inapplicable outside of the United States and the facilities outside the United States may be limited. We require that persons requiring assistance be accompanied by a companion who is capable of and totally responsible for providing the assistance. Neither WorldKind nor its partners, nor its suppliers, may physically lift or assist clients into transportation vehicles. If a traveler thinks he or she may need assistance during a trip, please call WorldKind to determine what assistance might be reasonably given. Any guest that uses oxygen must work with the airline directly to obtain approval.

MEDICAL COSTS & INSURANCE

WorldKind strongly recommends that, before traveling, you review your health and other insurance to ensure you have coverage appropriate to meet your needs, and those of your family and dependents, in case of any personal injury or loss of property. We also recommend consulting with your doctor six to eight weeks prior to your trip for advice on travel medications and recommended prophylaxis and vaccinations. Travelers are responsible for verifying all health conditions at each travel destination. Furthermore, WorldKind strongly recommends the purchase of comprehensive travel insurance and medical evacuation coverage. Any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. Travel insurance, medical evacuation and hospitalization costs are not included in the tour price.

SMOKING POLICY

No smoking or vaping is allowed on the bus, in the hotel, in restaurants, or where other tour members are present.

PHOTOGRAPHY ON TOUR

WorldKind may, at times, use photographs taken by your Travel Director or fellow travelers for promotional purposes. Unless explicitly stated in writing to us, your participation in WorldKind programs signifies your willingness to be photographed and to have your likeness used for promotional purporses. If you prefer that your likeness not be used, please tell your Travel Director and a WorldKind representative in writing.

SUPPLIERS’ LIABILITIES

WorldKind makes arrangements with hotels, bus rental companies, and other independent parties to provide you with travel services you purchase. These services are subject to the conditions imposed by these suppliers, and their liability may be limited by their tariffs, conditions of carriage, and international agreements.

BINDING RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK

I understand that WorldKind is not the supplier of the travel services I have requested. I have been advised that the suppliers whose names appear in the information provided to me in the tour package, or otherwise specified, are those who are actually responsible for providing the travel services I have purchased. I consent to and request the use of those suppliers and agree not to hold WorldKind responsible should any of these suppliers: 1) fail to provide the travel services I have purchased; 2) fail to comply with any applicable law; or 3) engage in any negligent act or omission that causes me any sort of injury, damage, delay or inconvenience.

LIMITS ON RESPONSIBILITY

Neither WorldKind, its affiliated entities and its and their employees, shareholders, officers, directors, successors, agents, and assigns, own or operate any person or entity which is to or does provide goods or services for these trips. You agree to be bound by the conditions of carriage for all transportation providers. WorldKind does not maintain control or operate the personnel, equipment, or operations of these suppliers it uses and as such WorldKind assumes no responsibility for and cannot be held liable for any personal injury, death, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any of the suppliers or other employees or agents, (2) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these suppliers, or (3) any wrongful, willful or negligent act or omission on the part of any other party. Without limiting the foregoing, WorldKind accepts no responsibility for any risk or resulting injury, criminal activity, weather or other acts of God, accidents, disease, epidemics or the threat thereof, illness, the provision of inappropriate or no medical attention or access to appropriate medical attention, the demands of indoor or outdoor activities, strikes, political or civil unrest, overbooking, structural or other defective conditions in hotels or other lodging facilities, acts of terrorism or the threat thereof, insurrection or revolt, or any other event beyond its direct control.

Both the U.S. Department of State and the Centers for Disease Control publish and update important country-specific information for travelers. We strongly recommend that you review them. They can presently be found at: https://travel.state.gov/content/passports/en/alertswarnings.html and https://wwwnc.cdc.gov/travel/notices.

WorldKind in its sole discretion reserves the right to decline to accept any participant as a member of these trips. WorldKind reserves the right in its sole discretion to terminate the tour any participant who does not abide by its rules, terms and conditions, and policies and/or whose conduct is deemed to be such as to endanger the participant, the success of the program, or the welfare of other participants, staff members and/or third parties. In the event of such termination, the participant will be sent home at the expense of the participant and his or her parent or guardian. The manner and means of transporting the participant home shall be the responsibility of the client. In the event of such termination, there will be no refund whatsoever. The participant is personally liable to WorldKind for any damages caused by improper conduct.

WorldKind may cancel any trip because of insufficient enrollment or for any other reason.

No refunds will be made for features in the trip not utilized. The cost of replacing lost or stolen tickets is the responsibility of the passenger. If a flight or transfer by motor coach or train is missed, whether by weather or other conditions beyond WorldKind’s reasonable commercial control, each participant is responsible to make his or her own arrangements and to pay all charges associated therewith. Participant’s retention of tickets, reservations, or bookings after issuance shall constitute consent to the above. Hotel accommodations are subject to all terms and conditions of the respective suppliers (hotel chains, etc.) regarding travel. These suppliers may limit or exclude the accrual of reward program points.

Participants hereby release WorldKind, its staff and management, from any liability and/or responsibility for possible damage done by the participant to the Hotel, or any other facility used during the tour, including: buses; vehicles, the various attractions, facilities, and/or performance facilities. You agree to accept full responsibility for damage, if such is incurred, which rests entirely with the participant to settle any claims, resulting from said damage, directly with the claimant.

ARBITRATION

Any dispute concerning any literature concerning the tour or the tour itself shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS).  Such proceedings will be governed by substantive (but not procedural) Pennsylvania Law and will take place in Dauphin County.  The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.  By agreeing to this Agreement, you (and we) are waiving our right to a trial by jury.

Changes to the Terms of Use 

We grant You a personal, limited, non-transferable, non-exclusive license to access and use the Site. We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Service.

Your continued use of the Service following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page frequently so You are aware of any changes, as they are binding on You

Accessing the Service and Account Security 

We reserve the right to withdraw or amend the Service, and any service or material We provide on the Service, in Our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for You to have access to the Service; and
• Ensuring that all persons who access the Service through Your internet connection are aware of these Terms of Use and comply with them.

To access the Service or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Service that all the information You provide on the Service is correct, current and complete. You agree that all information You provide to register with the Service or otherwise, including, but not limited to, the use of any interactive features on the Service, is governed by Our Privacy Policy, www.worldkindlearning.com/privacy, and You consent to all actions We take caution with respect to Your information, consistent with Our Privacy Policy.

If You choose, or are provided with, a user name, password, or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. Your account is personal to You, and You must not provide any other person with access to the Service or portions of it using Your user name, password, or other security information. You must notify Us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You must also ensure that You exit from Your account at the end of each session. You will use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms of Use

Intellectual Property Rights  

The Service and its entire contents, features, and functionality (including all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit You to use the Service for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials;
• You may store files that are automatically cached by Your Web browser for display enhancement purposes;
• You may print or download one copy of a reasonable number of pages of the Service for Your own personal, non-commercial use and not for further reproduction, publication, or distribution;
• If We provide desktop, mobile or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided that any such downloading will acknowledge Your agreement to be bound by Our end user license agreement for such applications; and
• If We provide social media features with certain content, You may take such actions as are enabled by such features.

 You must not:

• Modify copies of any materials from this site;
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; and
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, Your right to use the Service will cease immediately and You must, at Our option, return or destroy any copies of the materials You have produced. No right, title, or interest in or to the Service or any content on the Service is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 Trademarks 

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Prohibited Uses 

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You must not use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use;
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using e-mail addresses or screen names associated with any of the foregoing); and
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or that, as determined by Us, may harm the Company or users of the Service or expose them to liability.

  Additionally, You must not:

• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including the ability to engage in real time activities through the Service;
• Use any robot, spider or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without Our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Service;
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack; and
• Otherwise attempt to interfere with the proper working of the Service.

User Contributions 

The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, product listings, review pages, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Service.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution You post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, You grant Us and Our affiliates and service providers, and each of their and Our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and Our affiliates and service providers, and each of their and Our respective licensees, successors, and assigns; and
• All of Your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, but not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by You or any other user of the Service.

Monitoring and Enforcement; Termination 

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in Our sole discretion;
• Take any action with respect to any User Contribution that We deem necessary or appropriate in Our sole discretion, including, without limitation, if We believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Company;
• Disclose Your identity or other information about You to any third-party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate legal action, including, referral to law enforcement, for any illegal or unauthorized use of the Service; and
• Terminate or suspend Your access to all or part of the Service for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Our Privacy Policy www.worldkindlearning.com/privacy;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act;
• Cause annoyance, inconvenience or needless anxiety to, or be likely to upset, embarrass, alarm, or annoy any other person;
• Impersonate any person or misrepresent Your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; and
• Give the impression that they emanate from or are endorsed by Us or any other person or entity if this is not the case.

Copyright Infringement 

If You believe that any User Contributions violate Your copyright, please contact Us at info@worldkindlearning.com for instructions on sending Us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted 

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Service, or by anyone who may be informed of any of its contents.

The Service may from time to time include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to You or any third-party, for the content or accuracy of any materials provided by any third-parties.

Changes to the Service 

We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and We are under no obligation to update such material.

Information About You and Your Visits to the Service 

All information We collect on the Service is subject to Our Privacy Policy www.worldkindlearning.com/privacy. By using the Service, You consent to all actions taken by Us with respect to Your information, so long as such actions remain in compliance with the Privacy Policy.

Linking to the Service and Social Media Features 

You may link to Our homepage, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part.

The Service may provide certain social media features that enable You to:

• Link from Your own or certain third-party websites to certain content on the Service;
• Send e-mails or other communications with certain content, or links to certain content, on the Service; and
• Cause limited portions of content on the Service to be displayed or appear to be displayed on Your own or certain third-party websites.

You may use these features solely as they are provided by Us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, You must not:

• Establish a link from any website that is not owned by You;
• Cause the Service or portions of it to be displayed, or appear to be displayed, by actions such as framing, deep linking or in-line linking, on any other site;
• Link to any part of the Service other than the homepage; and
• Otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these Terms of Use.

The Service from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with Us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links, at any time, without notice, in Our discretion.

Links from the Service 

If the Service contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, We and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to the Service, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions 

The owner of the Service is based in the Commonwealth of Pennsylvania in the United States. We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If You access the Service from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties 

You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to Our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability 

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification 

You will defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Service, including Your User Contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Service.

Governing Law and Jurisdiction 

All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case located in the Federal Court for the Middle District of Pennsylvania. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Arbitration 

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Pennsylvania law.

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OCCURS, OR SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

Waiver and Severability 

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement 

The Terms of Use and Privacy Policy constitute the sole and entire agreement between You and WorldKind, LLC with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

Your Comments and Concerns 

The Service is operated by WorldKind, LLC 1711 Penn St., Harrisburg, PA 17102.

All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to info@worldkindlearning.com.

Regarding the Free Digital Downloads

In brief: These images are a gift for you for non-commercial, digital use only. You have an unlimited right to digitally use, share, and modify the images but not to print them. Prints may be purchased through our store.

License Terms

The owner ("Owner") of the copyrighted photograph being gifted (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work, in whole or in part, in online or electronic publications, including Web pages.

You are prohibited from using the Work for any other purpose, including: using the Work in print media; selling or distributing electronic copies of the Work as standalone files; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or Web page creation application) intended to be reproduced by third parties on electronic or printed products; using or displaying the Work on Web sites or in any other medium designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, calendars, posters and other similar items; or using the Work as part of a trademark, service mark or logo.

Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use copy, sell, license, and distribute the Work in all markets and territories.

In consideration for the grant of this non-exclusive license, you agree to credit the Owner, verbally or orally, when using the image.

This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.

In brief: The digital images that you have purchased either individually or through a membership subscription are yours to use for any non-commercial, digital use. You have an unlimited right to digitally use, share, and modify the images.

Your satisfaction is guaranteed, so if you are not fully satisfied with your digital download, please contact us at info@worldkindimages.com for a full refund.

License Terms:

The owner ("Owner") of the copyrighted photograph being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work, in whole or in part, in online or electronic publications, including Web pages.

You are prohibited from using the Work for any other purpose, including: using the Work in print media; selling or distributing electronic copies of the Work as standalone files; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or Web page creation application) intended to be reproduced by third parties on electronic or printed products; using or displaying the Work on Web sites or in any other medium designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, calendars, posters and other similar items; or using the Work as part of a trademark, service mark or logo.

Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use copy, sell, license, and distribute the Work in all markets and territories.

In consideration for the grant of this non-exclusive license, you agree to credit the Owner, verbally or orally, when using the image.

This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.