Last Modified: February 13, 2018
Acceptance of the Terms
Changes to These Terms
We may revise and update these Terms 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 Services thereafter. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes to these Terms.
Registration and Your Account
The Services are registration-only and intended for use only by adults. The Services are not intended for and are not designed to attract children under 13 years of age. By using this Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
To access the Services, you will be asked to provide certain registration details or other information. You agree that all information that you provide us during registration is correct, current and complete.
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. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
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.
Payments and Subscription Contract
In connection with certain Services, MyClimb offers monthly subscriptions that automatically renew ("Subscriptions"). By providing MyClimb or our third party payment processor with your payment information, you represent, warrant and covenant that you are legally authorized to initiate payments using such information.
Automatic Renewal Terms. With respect to subscriptions, you agree that MyClimb or its third party payment processor may submit monthly charges to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate your subscription. To cancel your subscription with at least three (3) days' notice, you can (i) send us a message at firstname.lastname@example.org, (ii) cancel your subscription directly through PayPal (if applicable) by going to your payment settings, selecting "preapproved payments" and selecting MyClimb as the merchant that you want to cancel, or (iii) cancel your subscription directly through the App Store if applicable, by going to your settings, selecting "subscriptions" and then selecting MyClimb and "cancel subscription".
Intellectual Property Rights
The Services and its entire contents, features and functionality 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 permit you to use the Services for your personal, non-commercial use only, except as expressly permitted in these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material provided through the Services.
You hereby agree to not modify copies of any materials from the Services, delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services or access or use for any commercial purposes, except as permitted in these Terms, any part of the Services.
As between you and us, you acknowledge and agree that we own all right, title, and interest (including without limitation any and all copyrights, trademarks and service marks, trade dress, design rights, and other intellectual-property and proprietary rights) in and to the Services, as well as our names and trademarks. You must not use such marks without the prior written permission of the Company.
You may use the Services only for lawful purposes and in accordance with these Terms.
You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, 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 transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Additionally, you agree not to:
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services 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 Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, online magazines, blogs, requests for submissions, associated social networking components, competition platforms 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 including, but not limited to data, text, files, geo-mapped routes, sound, photos, videos, graphics, artwork, ideas, communications, designs, opinions, status updates, and physical activity (collectively, "User Contributions"). All User Contributions posted on or through the Interactive Services must comply with the Content Standards set out in these Terms.
Any User Contribution you post on or through the Interactive Services will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Interactive Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license to use, reproduce, modify, perform, display, distribute, disclose to third parties and otherwise exploit any such material for any purpose. You acknowledge and agree that: (a) we have the right to arrange the posting of User Contributions in any way we desire in our sole discretion; (b) we have no obligation to provide you with any credit when using your User Contributions, but in the event we choose to provide you with credit, the size and placement of the credit is at our sole discretion; (c) any "moral rights" in your User Content have been waived; and (d) you are not entitled to any compensation or other payment from us in connection with use of your User Content.
You represent and warrant that you own or control all rights in and to the User Contributions, the User Contributions do not and will not infringe or violate the rights of any third party, and you 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. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Under no circumstances will we be liable in any way for any User Contributions, including, but not limited to, any errors or omissions in any User Contributions, or any loss or damage of any kind incurred as a result of the use of any User Content posted through the Interactive Services. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to any other party's User Contributions. Without limiting the foregoing, we and our designees have the right to remove any User Contributions that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Contributions available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such User Contributions.
Monitoring and Enforcement
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 if we believe that such User Contribution violates the Terms, 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 Services 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 without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
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 Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We will not tolerate objectionable content that violates our Content Standards and will make good faith efforts to act on any report received regarding such content within twenty four (24) hours of receipt by reviewing the content, removing any content that violates our Content Standards, terminating or suspending access of the applicable user who provided such content and/or taking any other enforcement action noted above.
However, we do not undertake to review any material or content before it is posted on the Services, and may be unable to ensure prompt removal of all 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.
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.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety 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.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We have adopted the following procedures to handle copyright-infringement notifications in accordance with the Digital Millennium Copyright Act (DMCA). Upon receiving notice of a claimed copyright infringement, we will remove the allegedly infringing material under the following procedures, intended to comply with the DMCA.
As mentioned, we may publish User Contributions on the Services. If you believe that any User Contributions (or any other part of the Services) infringes your copyright, please provide us with a written notice that includes the following:
- Identification of the copyrighted work that you believe has been infringed;
- Identification of the material on the Services that you believe infringes your copyright;
- A statement by you that you have a good-faith belief that the use of the material at issue is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that the above information in your notice is accurate and that you are the owner of the copyright at issue (or that you are authorized to act on behalf of that owner);
- Your name, address, telephone number, and e-mail address; and
- Your physical or electronic signature.
Please note that you may be subject to liability under Section 512(f) of the Digital Millennium Copyright Act if you materially misrepresent that material on the Services infringes your copyright.
We may give notice to the user who submitted the material in dispute by means of a general notice on the Services or through the use of any e-mail or other contact information that the user may have provided to us. If you receive such a notice, and you believe that material has been mistakenly removed from the Services, you may provide us with a written counter-notice, which must include the following:
- Identification of the material on the Services that was removed, with specific detail to allow us to locate where the material appeared on the Services;
- A statement by you declaring under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification;
- Your name, address, telephone number, and e-mail address; and
- Your physical or electronic signature.
Please address and send all copyright notices and counter-notices as follows:
Send It Climbing LLC
Attn.: Copyright Agent
P. O. Box 988
Boulder, CO 80306
Reliance on Information Posted
The information presented on or through the Services are 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 Services, or by anyone who may be informed of any of its contents.
The Services may 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.
Term and Termination
These Terms are effective from the date that you first access the Services or submit any information to the Company, whichever is earlier, and will remain effective until terminated in accordance with these Terms, except for those terms that survive termination.
We reserve the right to terminate or suspect your account at any time, in our absolute discretion, with or without notice, for any or no reason. Upon termination of these Terms, your right to use the Services will immediately cease. All disclaimers, limitations of liability, indemnification, Company rights of ownership and Company licenses will survive any termination.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or portion thereof, in our sole discretion with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate the Company to maintain or support the Services, or any part or portion thereof.
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, 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 Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You have permission to use buttons, links, and widgets provided by the Company, subject to these Terms, and agree that your use of such buttons, links and widgets will link only to the Services, you will not modify such buttons, links or widgets or associated code in any manner, and that you will not use such buttons, links and widgets in any manner which implies or suggests that the Company operates, endorses, sponsors, or recommends the website on which such buttons, links, or widgets are used. We retain the right to revoke the permission to use such buttons, links, and widgets at any time for any reason.
The Services may offer competition features from time to time which allow you or other third parties to host sweepstakes and skill-based competitions (each a "Competition"). TO THE EXTENT THAT YOU USE THE SERVICES TO ORGANIZE A COMPETITION, WE ARE NOT RESPONSIBLE FOR PREPARING OR PROVIDING ANY OF THE TERMS OR CONDITIONS FOR SUCH COMPETITION, AND YOU ARE SOLELY RESPONSIBLE FOR PROVIDING SUCH COMPETITION IN ACCORDANCE WITH APPLICABLE FEDERAL, STATE AND/OR LOCAL LAWS OR REGULATIONS. TO THE EXTENT THAT YOU USE THE SERVICES TO PARTICIPATE IN ANY COMPETITION, WE ARE NOT RESPONSIBLE FOR ENSURING THAT THE COMPETITION HOST OFFERS THE COMPETITION IN ACCORDANCE WITH ITS TERMS OR CONDITIONS OR APPLICABLE FEDERAL, STATE AND/OR LOCAL LAWS OR REGULATIONS.
Competitions organized by the Company are subject to additional Official Rules and are incorporated into these Terms.
We may disable all or any Competition features at any time without notice in our discretion.
The owner of the Services is based in the state of California in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties and Liability
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services 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 Services 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 SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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 SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU EXPRESSLY AGREE THAT ANY ATHLETIC ACTIVITIES YOU ENGAGE IN AS A RESULT OF USE OF THIS SERVICES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF THE COMPANY OR OF OTHERS.
YOU EXPRESSLY AGREE TO RELEASE THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU HEREBY ACKNOWLEDGE YOUR FAMILIARITY WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH SECTION READS: "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 ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (c) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to 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 or your use of the Services, including, but not limited to, your User Contributions, your participation in Competitions, any use of the Services' content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms 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 State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of San Francisco, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your state or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Other Legal Terms
These Terms constitute the entire agreement between you and us with respect to matters set forth in these Terms and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms. These Terms will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms and may not affect the meaning or interpretation of these Terms . If any provision of these Terms is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms; and in any event, the remaining provisions of these Terms will remain in full force and effect. No waiver of any of the provisions of these Terms is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.
Your Comments and Concerns
This Services are provided by Send It Climbing LLC, P.O. Box 988, Boulder, CO 80306.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: email@example.com.