PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS PLATFORM.
1. ACKNOWLEDGEMENT AND ACCEPTANCE.
(c) The Platform is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Platform is appropriate or available for use in other jurisdictions. If You are a non-U.S. resident and access the Platform, You do so at Your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export the Platform or the Content (as defined below) in violation of U.S. export laws or regulations, or in violation of any other applicable law or regulation.
2. ACKNOWLEDGEMENT OF LICENSE GRANT AND SERVICES CONTENT.
3. ELIGIBILITY AND REGISTRATION.
Certain features of the Platform, including the ability to create a profile (“User Profile”) and list Outdoor Activities (as defined in Section 9) may be made available by the Company to Users that complete a registration form and can form legally binding contracts under applicable law. In order to register and maintain a user account (“Account”), You must: (a) provide certain current, complete, and accurate information about the User and enter such information on the registration form (“Registration Data”); and (b) maintain and update the Registration Data as required to keep information current, complete, and accurate.
ACCOUNT PASSWORD AND SECURITY.
4. USER CONDUCT.
You agree that when using the Platform, You will act in a manner consistent with the goals of the Platform, and by way of example and not as a limitation, You specifically agree that: (a) You will not, intentionally or unintentionally, violate any applicable local, state, national or international law; (b) You will not post information on or download information from the Platform unless You have all rights and authority necessary to do so; (c) You will not post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or otherwise objectionable material or information to the Platform, including but not limited to, text, graphics, audio, and video files; (d) You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (such as rights of privacy and publicity) of any User or representative of the Company (You may express Your disagreement with someone’s point-of-view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited); (e) You will not impersonate another person or entity, including, but not limited to, a Company representative, or communicate under a false name or a name that You are not entitled or authorized to use; (f) You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations, or other similarly disruptive content; (g) You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Platform; (h) You will not post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (i) You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other Accounts, Company servers, Company software, or any areas of the Site or Platform not intended for Your access; (j) You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by the Company for such purposes; (k) You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles; (l) the Company neither endorses Your products or services, nor the content of the Your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Platform.
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of Your Account or Your access to the Platform, reporting of Your conduct to authorities, or legal action, as may be appropriate in the sole discretion of the Company. The Company has no liability or responsibility to Users or any other person or entity for performance or non-performance of the aforementioned activities. If You believe Your Account or Your access to the Platform has been terminated in error, please contact us. The Company shall not have any liability to You or to any third party in respect of any limitation or suspension of Your access to the Platform.
5. INTERACTIONS WITH OTHER USERS.
You are solely responsible for Your interactions with other Users. You understand that the Company does not conduct criminal background checks on its Users. The Company also does not inquire into the backgrounds of its Users or attempt to verify the statements of its Users. The Company makes no representations or warranties as to the conduct of Users. The Company reserves the right to conduct any criminal background check or other screenings (such as sex offender registry searches), at any time and using available public records.
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, ACTIVITIES OR MEETINGS WITH OTHER REGISTERED USERS OF THIS PLATFORM OR PERSONS OR ENTITIES YOU MEET OR ENGAGE THROUGH THIS PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OR OFFLINE OR IN PERSON. YOU UNDERSTAND THAT THE COMPANY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE INDIVIDUALS OR ENTITIES YOU MEET OR ENGAGE THROUGH THE PLATFORM. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS.
7. USER CONTENT.
(a) You may submit content through the Platform, including images, video, sound files, and text (collectively, “User Content”). All User Content must comply with the User conduct standards set forth in Section 5 above. You understand that whether or not such User Content is published, the Company does not guarantee any confidentiality with respect to any User Content. Further, the Company reserves the right to remove Content and User Content without prior notice.
(d) You further agree that (i) You will not submit content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; and (ii) You will not, in connection with User Content, submit material that is contrary to applicable local, national, and international laws and regulations.
(e) The Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Company gives no assurance of the accuracy of any User Content. The Company expressly disclaims any and all liability in connection with User Content.
8. PARTICIPATION TERMS.
(a) Participation Terms. The terms in this section (the “Participation Terms”) govern Your promotion, creation and participation in Outdoor Activities (as defined below) through the Platform, including, but not limited to, maps, paths, routes, circuits, adventure sites, events, gatherings, promotions or meet-ups organized or posted by Users and third-parties that may appear or be listed on the Site or App (“Outdoor Activities”).
IF YOU PROMOTE, CREATE, POST OR PARTICIPATE IN AN OUTDOOR ACTIVITY, YOU SIGNAL THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE PARTICIPATION TERMS.
(b) Reliance on Posted Content. Opinions, advice, statements, offers, posted routes, maps, paths or other information or content made available through the Platform, but not created directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Platform, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Platform. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO OR BY ANY USERS OR THIRD-PARTIES.
(c) Risks of Outdoor Activities. You accept the inherent risks in any Outdoor Activity in which You choose to participate in. You acknowledge and understand that Your participation in an Outdoor Activity is voluntary, and You agree to assume responsibility for any resulting damages, losses, accidents or injuries to the fullest extent permitted under applicable law. You further agree that the Company and its affiliates, successors and assigns are not responsible for any damages, losses, accidents or injuries that You might sustain during any Outdoor Activity.
(d) Release and Indemnification for Outdoor Activities. You (for Yourself, Your heirs, personal representatives, or assigns, and anyone else who might make a claim on Your behalf) hereby release, waive, discharge and covenant not to sue the Company and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, members, managers, agents, employees, vendors, sponsors, volunteers, successors and assigns from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorney fees) which may arise out of, result from, or relate in any way to Your participation in any Outdoor Activity. You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, members, managers, directors, employees, agents, representatives, successors and assigns harmless, including costs, liabilities and legal fees, from any claim or demand (i) resulting from or arising out of Your breach or alleged breach of this Agreement or (ii) made by any third party due to, related to, or connected with Your participation in any Outdoor Activity.
9. Copyright Notification
The Company does not permit copyright infringing activities and other infringement of intellectual property rights through its Platform, and the Company will remove all Content and User postings if properly notified that such Content or User postings infringe on another’s intellectual property rights. If You are a copyright owner or an agent thereof and believe that any User posting or other Content displayed or otherwise used in connection with the Platform infringes upon or otherwise conflicts with Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and an electronic mail address;
(e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact the Company’s designated copyright agent at firstname.lastname@example.org to send notifications of claimed infringement. For clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Company through the email@example.com. You hereby acknowledge and agree that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid.
The Company’s name and logo are trademarks of the Company (the “Company Marks”). You agree not to display, reproduce or otherwise use in any manner any Company Marks without the Company’s prior written permission.
The Company or third parties may provide links to other websites, applications or resources. The Company is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, applications or resources. 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 use of or reliance on any such content, products or services available on such external sites, applications or resources. The Company provides these links and references to You only as a convenience, and inclusion of any link or reference does not imply endorsement of the website or other resource.
12. SOCIAL MEDIA.
13. UNSOLICITED IDEA SUBMISSION POLICY.
The Company is pleased to hear from Users and welcomes Your comments and feedback regarding the Platform. However, the Company does not accept or consider unsolicited submissions concerning its business or operations, including, but not limited to, original ideas for new advertising campaigns, promotions, products, services, technologies, processes, materials, marketing plans or new product/service names. Please do not send the Company such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when the Company’s services, products or marketing strategies appear similar to ideas submitted to the Company. All such submissions to the Company are considered the property of the Company. The Company does not have an obligation to protect the confidentiality of any such submission. The Company will exclusively own all known or later-existing rights to such submission worldwide, and will be entitled to the unrestricted use of any such submission for any purpose, without compensation to You or any third party provider of such submission.
14. RISK ALLOCATION.
(a) Disclaimer Of Warranties. THE USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY MAKES NO WARRANTY THAT THE PLATFORM WILL MEET THE USER’S REQUIREMENTS OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE PLATFORM.
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE COMPANY OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.
(b) Limitation of Liability. THE COMPANY, ITS AFFILIATES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE THE PLATFORM, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF THE PLATFORM TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF THE COMPANY OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY THE DISTRIBUTOR FROM WHOM YOU OBTAINED THE APP AND THAT DISTRIBUTOR WILL REFUND THE PURCHASE PRICE OF THE APP TO YOU. THE COMPANY’S DISTRIBUTORS WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER POSSIBLE CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE THE COMPANY’S SOLE RESPONSIBILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.
(c) California Residents. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO THE RELEASE OF ANY UNKNOWN OR UNSUSPECTED CLAIMS YOU MAY HAVE AGAINST THE COMPANY, ITS AFFILIATES, SUCCESSORS AND ASSIGNS PERTAINING TO THE SUBJECT MATTER OF THIS SECTION.
16. GENERAL PROVISIONS.
(c) No Resale of the Platform. Your right to use the Platform is personal to You. You agree not to reproduce, duplicate, copy, sell or resell the Platform, without the express prior written consent of the Company.
(h) Section Headings. Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions.
(i) Acknowledgment. You acknowledge that You have read and understand this Agreement, and that this Agreement has the same force and effect as a signed agreement.
(j) Contact Information. If You have any questions, complaints, or claims regarding the App or Site, please use the contact information below:
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.