1. Introduction. This document sets forth the terms and conditions ("Terms and Conditions") governing your use of climbing.com and Active Interest Media Web Site and the information made available on and through the Web Site. Please read this page carefully. The Terms and Conditions, when agreed to by you, will form a binding Agreement between you and Active Interest Media.
2. Acceptance of Terms and Conditions of Use. Your use of the Web Site indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Web Site. From time to time these Terms and Conditions may be revised by updating this document and posting it on the Web Site. It is your obligation to review these Terms and Conditions from time to time. Your continued use of the Web Site will constitute your agreement to the most current version of these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Web Site.
3. Definitions. For the purposes of this Agreement, the following definitions apply: "Content" includes all Text, Graphics, Design and Programming used on the Web Site.
"Text" includes all text on every page of the Web Site, whether editorial, informational, navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements on the Web Site, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the Web Site.
"Document" refers to any posting to the Web Site.
"User" refers to any individual, organization, or governmental entity who uses any aspect of the Web Site or its services.
"You" refers to the person accessing the Web Site and agreeing to these Terms and Conditions.
4. Intellectual Property Rights. All Content on the Site is the property of Active Interest Media or the property of third parties as indicated, and is protected by U.S. copyright and international treaties. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purposes. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate Web pages on the Web Site, as well as any Graphics.
The "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright law. All product names, names of services, copyrights and service marks ("Marks") are the property of Active Interest Media or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
5. Acceptable Use of the Web Site. The information displayed on the Web Site may not be used for any purpose except in connection with your direct personal use of the Web Site as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Web Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Web Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of the Web Site is also subject to the following restrictions:
a) You may not send unsolicited commercial email to the email addresses provided on the Web Site. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from Active Interest Media. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;
b) You may not copy, duplicate, download or otherwise use any material on the Web Site except for the purposes permitted by these Terms and Conditions.
c) Any information sent to Active Interest Media via email is not secure and is sent on a non-confidential basis.
6. Monitoring of Content. Active Interest Media does not assume any obligation for the accuracy, completeness, or truthfulness of any of the Content of the Web Site. The Content is presented as general information and may not be updated for the latest developments in the law that affect your specific circumstances.
7. Prohibited Uses:
a) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
b) Attempting to interfere with the proper functioning of the Web Site or Active Interest Media including, without limitation, via means of submitting a virus to the Web Site or Active Interest Media overloading, "flooding", "mailbombing" or "crashing";
c) Forging any TCP/IP packet header or any part of the header information in any e-mail.
8. Disclaimer of Warranties and Limitations of Liability. Your agreement to the following disclaimers and limitations is a material inducement to Active Interest Media to permit you to access the Web Site. Your use of the Web Site, and the obligations and liabilities of Active Interest Media in respect of your use of the Web Site, is expressly limited as follows:
a) Third Party Information. The Web Site may from time to time display the content, services, map services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Web Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by Active Interest Media on behalf of or any third party. In addition, Active Interest Media does not endorse, warrant or otherwise guarantee the substance of any information or services provided by third parties. Active Interest Media shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party Web sites accessed from the Web Site or Web sites that have links to the Web Site. Access to third party Web sites from the Web Site is done at your own risk.
Although Active Interest Media has attempted to provide accurate information on this Site, Active Interest Media/Backpacker assumes no responsibility for the accuracy of the information or Services; nor does Active Interest Media warrant that the information or Services are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Your use of this Site is at your sole risk. Mention of non-Active Interest Media products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
b) DISCLAIMER OF WARRANTIES. THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. ACTIVE INTEREST MEDIA DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
c) LIMITATION OF LIABILITY. ACTIVE INTEREST MEDIA FURNISHES AND YOU ACCEPT THE SERVICES AND THIS SITE ON AN "AS-IS, AS AVAILABLE" BASIS WITH NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXPLICITLY DISCLAIMING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY, AND INFRINGEMENT, REGARDING THE SERVICE TO YOU, OR ANY THIRD PARTY. TO THE EXTENT ACTIVE INTEREST MEDIA PROVIDES ACCESS TO INFORMATION AND MATERIALS PROVIDED BY OTHER SOURCES, ACTIVE INTEREST MEDIA ACCEPTS NO LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT THEREOF.
IN NO EVENT SHALL ACTIVE INTEREST MEDIA OR ANY THIRD PARTY CONTRIBUTING, INCLUDING MAP DATA AND READER-SUBMITTED PROVIDERS TO THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR ANY OTHER PECUNIARY LOSS), EVEN IF TRIMBLE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL RISK OF USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE RISK OF ACCIDENTS BY USING THE SERVICES WHILE OPERATING A MOVING VEHICLE. THE SERVICES ARE NOT GUARANTEED AGAINST EAVESDROPPERS OR INTERCEPTORS. YOU AGREE THAT ACTIVE INTEREST MEDIA/BACKPACKER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LACK OF PRIVACY OR SECURITY.
d) Indemnification. You agree to indemnify and hold harmless Active Interest Media from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions.
e) Network Coverage, GPS Satellites, Interruption of Service.You acknowledge that the Services and network access are subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying carrier service and other natural or manmade conditions. Additionally, motor and ignition noise, metal shielding, interference by users of the same or adjacent radio channels may limit or interfere with coverage. You further acknowledge that Active Interest Media is not responsible for the operation or failure of operation of GPS satellites or the availability of GPS satellite signals.Active Interest Media shall not be held liable by you or any third party for any loss or damage arising from Services, or its interruption, transmission errors, defects or any other cause, including, but not limited to, interruption caused by the underlying carrier. Active Interest Media does not assume and shall not have any liability for events beyond Active Interest Media's control or the control of Active Interest Media's subcontractors, licensors or business partners, including, but not limited to, acts of God, acts of any governmental entity, acts of public enemy, strikes or weather conditions.
8. User generated content.
On climbing.com you’ll be able to comment on just about every article and video on our site, and post comments in our forums. By submitting a Gear Review or Trip report, you knowingly surrender all rights to that content in all media worldwide to Active Interest Media. Active Interest Media owns the right to re-distribute and syndicate all user-submitted content, including but not limited to trail notes, point of interest details, photos, sound bytes, video clips, and gear review text. Our partner, Trimble Outdoors, also retains the rights to re-distribute and syndicate user-submitted trip content. For our complete Rules of Conduct, see below.
Forums: For our complete forums terms of service, click here.
RULES OF CONDUCT
Climbing.com visitors represent a wide variety of backgrounds and interests and, you may encounter content that differs in tone or scope from your own thoughts and beliefs. We hope that you will approach these situations with acceptance.
Climbing.com is committed to protecting a high level of freedom of expression and to maintaining a welcoming and safe community in which that expression can flourish. We will not censor members for expressing an opinion, within the limits of these Rules of Conduct. We will take action against any behavior that disrupts conversations and community on the Site. Backpacker.com has the right, but not the obligation, to remove or move any user-generated content for any reason, without notice. These Rules of Conduct reflect the standards of behavior our members find acceptable. By registering as a member of climbing.com, you agree to the following:
1. Courtesy and Respect: You agree that you will be courteous to every climbing.com member, even those whose beliefs you think are false. When debating, express your opinion about a person's ideas, not about them personally. You agree not to make negative personal remarks about other Backpacker.com. members, including negative remarks about their age, disability, gender, ethnicity, race, nationality, religion, sexual orientation, intelligence, character, appearance, health, mental health, education, or any other personal characteristic. You agree not to create posts and discussions intended to criticize or ridicule other members personally. You agree not to engage in derogatory name-calling or other inflammatory comparisons.
2. Hate Speech: You agree not to engage in hate speech on Backpacker.com. You agree not to allege that groups or individuals deserve violence or attempt to dehumanize or degrade them on the basis of age, disability, gender, ethnicity, race, nationality, religion, or sexual orientation.
3. Violence: You agree not to advocate illegal violence against or harassment of groups or individuals, even if religiously motivated.
4. Proselytizing: You agree not to make aggressive, repeated, or unwanted attempts to convert another member's beliefs. Please respect the rights of others to follow their own path.
5. Disruptive behavior: You agree not to disrupt or interfere with community functions. Disruptive behavior may include creating a disproportionate number of comments; creating off-topic comments; making statements that are deliberately inflammatory; manipulating comment topics to disrupt conversation; posting in a language other than English without providing an accurate English translation; expanding a disagreement from one discussion to another; or any behavior that interferes with conversations or inhibits the ability of others to use and enjoy this Web site for its intended purposes.
6. Solicitation: You agree not to use community functions to advertise or solicit on behalf of commercial, religious, charitable or other organizations, causes, products or services. To advertise on Climbing.com email Kevin Riley.
7. Spam: You agree not to repeat substantially the same text in more than one location on Backpacker.com.
8. URLS: You may share the URL of a web resource other members may find useful, but you agree not to post URLs repeatedly or for the purpose of promoting a Web site or service (see "Solicitation" above). You agree not to post a hyperlink to or URL of a site that violates these Rules of Conduct. You will not reproduce chain letters, pyramid schemes, mail fraud schemes, or any other unauthorized advertising.
9. Copying posts: You agree not to post or forward transcripts of e-mail or other personal communication without the author's express permission. You agree not to reproduce material from Backpacker.com (including member posts) without express written permission from Backpacker.com.
10. Privacy: You will not collect or use information about users of the Site without their express permission. You agree not to reveal personal information about someone else. Backpacker.com will remove any post containing a personal telephone number, real name, address, or any information that might reveal someone's geographical location without his or her permission. You will not send e-mail to climbing.com members that would violate these Rules of Conduct. Cautionary Note: climbing.com comments are public, we advise members against revealing any personal information about themselves. If you choose to display your e-mail address to other visitors, please be aware that climbing.com has no control over who uses your e-mail address or for what purpose. If you believe you are the target of a cyber-stalker, please refer to http://www.wiredpatrol.org/stalking for more information.
11. Vulgarity: You agree not to display words, information, or images that are vulgar, obscene, graphically violent, graphically sexual, harm minors in any way, exploit images of children, or are otherwise objectionable. You agree not to post URLs of sites where such words, images or information is displayed. Permission for exceptions to this rule must be obtained from climbing.com staff.
12. Images, Text and HTML: You agree to refrain from using visually disruptive or excessively large font sizes and/or images. You agree to use HTML and styles only for text effects (such as bold and italics), to post images, or to create normal hyperlinks. You agree not to upload to Backpacker.com or link to any other code, tags, scripts, audio, animations, file or program. You will not upload, post, link to, e-mail or otherwise transmit any harmful component to Backpacker.com, or deface any portion of the site.
13. Minors: You will not post on Backpacker.com if you are under 18 years of age. Surveys: Researchers who wish to post a survey or ask for information from Backpacker.com members must obtain Backpacker.com permission before doing so.
14. Copying Content: climbing.com comments are primarily intended for interactive conversation; members are encouraged to express their own ideas in their own words, not to parrot the words of others. You agree not to create posts that consist substantially of material copied from another source. You agree to respect intellectual property rights when posting on Backpacker.com. You agree not to post copyrighted or trademarked images on climbing.com, or to engage in "bandwidth theft." You agree not to post articles or other text from another publication (copyright or not) except as follows: you may quote a small sample, credit the source, post a hyperlink to the author's original, and include your own comments in your own words. . You agree that you will not modify, adapt, sublicense, translate, sell, lease, reverse engineer, decompile, frame, mirror or disassemble any portion of this Site, or offer to do so.
15. Illegal activities: You will not solicit or promote the use of an illegal substance, promote illegal activity, or discuss illegal activities with the intent to commit them.
16. Impersonation: You agree not to impersonate or spoof Backpacker.com members, employees, hosts or volunteers. You agree to create and use no more than one Backpacker.com username, without explicit approval from Backpacker.com staff. You agree not to express or imply that any content or materials you make, submit, or post are endorsed by Backpacker.com or falsely state or otherwise misrepresent your affiliation with a person or entity.
18. Complaints: If there are problems on Backpacker.com, we want to know about them so that we can attempt to fix them. You agree to report community-related complaints and problems appropriately: to report a violation of these Rules of Conduct, or to complain about a comment e-mail your complaint to Backpacker.com staff at email@example.com who will review your complaint and take appropriate action. You agree not to post problem reports and complaints publicly on the site, or to comment publicly on host or staff actions. You agree you will not harass Backpacker.com staff. You will not engage in behavior that requires Backpacker.com staff to expend excessive time and/or resources. In addition: - These Rules of Conduct apply to anything you upload to or create on Backpacker.com, including comments, screen names, member profiles, and any other text or images. - We have the right to suspend or terminate your membership for violation of the above rules. - We have the right to reprint from Backpacker.com discussions any post or portion of a post (along with the user name of the Backpacker.com member who posted it) somewhere else on the site or in any other medium (such as Backpacker magazine, promotional items, etc.). - We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in messages. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained in forums, comment sections, or trip reports. The opinions expressed here are solely the opinions of the commenter and do not necessarily reflect the opinions of Backpacker.com or Active Interest Media.
Please check these guidelines periodically as they may be revised for the protection of our members.
Thank you for visiting an Active Interest Media site. Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Active Interest Media site.
The Information We Collect At some Active Interest Media sites, you can order products, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our services such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that may be collected at these pages include: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services.
At some other Active Interest Media sites, you can submit information about other people. For example, you might submit a person's name and e-mail address to send an electronic greeting card and, if you order a gift online and want it sent directly to the recipient, you might submit the recipient's name and address. The types of personally identifiable information that may be collected about other people at these pages include: recipient's name, address, e-mail address, and telephone number.
At certain parts of some of our sites, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the site's activities and offerings.
We also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows '95 or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).
How We Use the Information We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about offerings, and to offer you other products, programs or services that we believe may be of interest to you.
We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to subscriber agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.
We use the information that you provide about others to enable us to send them your gifts or cards. From time to time, we also may use this information to offer our products, programs, or services to them.
If you choose to submit content for publication (e.g., a "letter to our editors"), we may publish your screen name and other information you have provided to us.
The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.
We will disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.
Agents and contractors of Active Interest Media who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Notice by, for example, not using the information for any purpose other than to carry out the services they are performing for Active Interest Media.
Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice. Inadvertent disclosures may result, for example, when third parties misrepresent their identities in asking the site for access to personally identifiable information about themselves for purposes of correcting possible factual errors in the data. Collection of Information by Third-Party Sites and Sponsors Some of our sites contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites' privacy notices, as we have no control over information that is submitted to, or collected by, these third parties.
Active Interest Media sites sometimes may offer contests, sweepstakes, or promotions that are sponsored by or co-sponsored with identified third parties. By virtue of their sponsorship, these third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the contest, sweepstakes, or promotion. Active Interest Media has no control over the third-party sponsors' use of this information. The Active Interest Media site will notify you at the time of requesting personally identifiable information if third-party sponsors will obtain such information.
Cookies To enhance your experience with our sites, many of our web pages use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.
Our Commitment to Security We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
How to Contact Us If you have any questions or concerns about the Active Interest Media online policy for this site or its implementation please contact us at the following address:
Active Interest Media 300 N. Continental Blvd., Suite 650 El Segundo, CA 90245