Terms of Service - Climbingsource.com

Climbingsource.com - Disclaimer and Terms of Service

Disclaimer

1. Most of the activities depicted herein carry a significant risk of personal injury or death. Driving to the climbing area, rock climbing, ice climbing, mountaineering, and all other outdoor activities are inherently dangerous. Climbingsource.com does not recommend that anyone participate in these activities unless they are experts, seek qualified professional instruction and/or guidance, are knowledgeable about the risks involved, and are willing to personally assume all responsibility associated with those risks. In another words...CLIMB AND DRIVE AT YOUR OWN RISK.

2. This website is a compilation of unverified information gathered from many different sources/climbers. Climbingsource.com cannot assure the accuracy of any of the information in the web-site, www.climbingsource.com or affiliate links.

3. There are no warranties, whether expressed or implied, that this web-site is accurate or that the information contained in it is reliable. There are no warranties of fitness for a particular purpose or that anyone should use this site, Climbingsource.com. Your use of this web-site indicates your assumption of the risk that it may contain errors and is an acknowledgement of your own sole responsibility for your climbing safety. In another words....CLIMB AND DRIVE AT YOUR OWN RISK!

Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to Climbingsource.com. The climbingsource.com service is subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you; provided that, we will not alter Section 7 ("Content Submitted to climbingsource.com") without prior notice to and acceptance by you. Please note that other Climbingsource.com services, outside of Climbingsource.com, are governed by a different Terms of Service.

2. DESCRIPTION OF SERVICE

Climbingsource.com currently provides users with access to a rich collection of on-line resources, including climbing information/resources, local weather and local beta (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Climbingsource.com resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and climbing areas as prompted by the Service's forms (such information being the "add local beta form") and (b) maintain and promptly update the Form Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Climbingsource.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Climbingsource.com, has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. Climbingsource.com, PRIVACY POLICY

Pursuant to Climbingsource.com, privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. For more information, please see our full privacy policy at http://www.climbingsource.com/privacy.html

5. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Climbingsource.com, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Climbingsource.com does not control the Content posted by users of the Service via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Climbingsource.com official or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose; (g) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (j) "stalk" or otherwise harass another; (k) collect or store personal data about other users; (l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" signature(s)s; (m) engage in commercial activities without enrolling in Climbingsource.com, approved affiliate programs. This includes, but is not limited to, the following activities: offering for sale any products or services; soliciting for advertisers or sponsors; conducting raffles or contests that require any type of entry fee; displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, with the sole exceptions of the GeoGuide Banner Exchange program and the Internet Link Exchange; and displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web signature(s)s.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. CONTENT SUBMITTED TO

By submitting Content to Climbingsource.com, you grant Climbingsource.com the world-wide, royalty-free, non-exclusive, perpetual license, including the right to sublicense, to reproduce, modify, adapt and publish the Content. You acknowledge that Climbingsource.com does not pre-screen Content, but that Climbingsource.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Climbingsource.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

8. INDEMNITY

You agree to indemnify and hold Climbingsource.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Climbingsource.com may establish general practices and limits concerning use of the Service.

11. MODIFICATIONS TO SERVICE

Climbingsource.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree thatClimbingsource.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

You agree that Climbingsource.com in its sole discretion, may terminate your service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Climbingsource.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Climbingsource.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Climbingsource.com may immediately deactivate the Service. Further, you agree that Climbingsource.com shall not be liable to you or any third-party for any termination of your access to the Service.

13. ADVERTISEMENTS AND PROMOTIONS

Climbingsource.com runs advertisements and promotions on Climbingsource.com. The manner, mode and extent of advertising by Climbingsource.com is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Climbingsource.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Climbingsource.com has no control over such sites and resources, you acknowledge and agree that Climbingsource.com is not responsible for the availability of such external sites 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 or resources. You further acknowledge and agree that Climbingsource.com 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, goods or services available on or through any such sites or resource.

15. Climbingsource.com PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Climbingsource.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.Climbingsource.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Climbingsource.com for use in accessing the Service.

16. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLIMBINGSOURCE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) CLIMBINGSOURCE.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLIMBINGSOURCE.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLIMBINGSOURCE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF LIFE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLIMBINGSOURCE.COM. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY WAIVE ANY CLAIM YOU MAY HAVE THAT ANY REMEDY YOU MAY HAVE HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

18. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

19. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

20. COPYRIGHTS

CLIMBINGSOURCE.COM respects the intellectual property rights of others and we ask our users to do the same.

21. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Climbingsource.com and govern your use of the Service, superceding any prior agreements between you and Climbingsource.com (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Climbingsource.com services, third-party content or third-party software. The TOS and the relationship between you and Climbingsource.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Climbingsource.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Henrietta County, NY. The failure of Climbingsource.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

22. VIOLATIONS Please report any violations of the terms of service to development@climbingsource.com.