Statement of Rights and Responsibilities
This agreement was written in English (US). Please note that Section 17 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: October 30, 2013.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others
who interact with Climbmaps. By using or accessing Climbmaps, you agree to this Statement,
as updated from time to time in accordance with Section 7 below. Additionally, you will find resources at the end of this document that help you understand
how Climbmaps works.
Climbmaps will be able to collect and use your content and information as it wants.
- All information of this web is related with risk sport activities. The information of the site is merely informative,
can be out of date or inaccurate. Climbmaps and users of climbmaps are not responsible of accidents or any other problem due to the use
of this information.
Sharing Your Content and Information
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us
the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in
connection with Climbmaps (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and
they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand
that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information, it means that you are allowing everyone, including people off of Climbmaps,
to access and use that information.
- You can add advertisments only of campings, hotels, hostels of the area of uploaded image. Any other advertisments are forbidden.
- You can not add links to markers to use them as advertisment of sport companies or other companies except hotels, campings and hostels of the area of uploaded image
- Climbmaps will be able to collect and use your content and information.
- We always appreciate your feedback or other suggestions about Climbmaps, but you understand that we may use them
without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Climbmaps safe, but we cannot guarantee it.
We need your help to keep Climbmaps safe, which includes the following commitments by you:
You will not post unauthorized commercial communications (such as spam) on Climbmaps.
- You will not collect users' content or information,
or otherwise access Climbmaps, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Climbmaps.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence;
or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or
other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Climbmaps to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Climbmaps, such
as a denial of service attack or interference with page rendering or other Climbmaps functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
- Registration and Account Security
Climbmaps users provide their real names and information,
and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Climbmaps, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use Climbmaps if you are under 13.
- You will not use Climbmaps if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize
the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate
(such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Climbmaps that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Climbmaps if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks, or any confusingly similar marks
- If you collect information from users, you will: obtain their consent, make it clear you (and not Climbmaps) are the one collecting their information,
- You will not post anyone's identification documents or sensitive financial information on Climbmaps.
About Advertisements and Other Commercial Content Served or Enhanced by Climbmaps
Our goal is to
deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:
- You give us permission to use your name and profile info.
- You understand that we may not always identify paid services and communications as such.
- Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7)
days notice (for example by email.)
- Your continued use of Climbmaps following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or
possible legal exposure for us, we can stop providing all or part of Climbmaps to you. We will notify you by email or at the next time you attempt to access
your account. You may also delete your account or disable your application at any time. In all
such cases, this Statement shall terminate, but the provisions will still apply.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Climbmaps
exclusively in a Spain. You agree to submit to the personal jurisdiction of the courts located
in Valencia, Spain for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Climbmaps, you will indemnify and hold us harmless from
and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules
for user conduct, we do not control or direct users' actions on Climbmaps and are not responsible for the content or information users transmit or share on Climbmaps.
We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Climbmaps.
We are not responsible for the conduct, whether online or offline, or any user of Climbmaps.
- WE TRY TO KEEP Climbmaps UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Climbmaps AS IS WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT Climbmaps WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT Climbmaps WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
Climbmaps IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES,
AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
- Special Provisions Applicable to Users Outside the Spain
The following provisions apply to users and non-users
who interact with
Climbmaps outside the United States:
- You consent to having your personal data transferred to and processed in Spain.
- By "Climbmaps" we mean the features and services we make available, including through (a) our website at
www.climbmaps.com and any other Climbmaps branded or co-branded websites
(including sub-domains, international versions, widgets, and mobile versions); (b) our Platform;
(c) other media, software, devices, or networks now existing or later developed.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Climbmaps.
- By "content" we mean anything you or other users post on Climbmaps that would not be included in the definition of information.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve
from Climbmaps or provide to Climbmaps through Platform.
- By "post" we mean share any info on Climbmaps or otherwise make available by using Climbmaps.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into Climbmaps at least once in the previous 30 days.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received
data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- This Statement is an agreement between you and Climbmaps. References to “us,” “we,” and “our” mean either
Climbmaps Inc., as appropriate.
- This Statement makes up the entire agreement between the parties regarding Climbmaps, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale
of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Climbmaps.