Last Updated: July 31, 2014
1. Introduction. This document sets forth the terms and conditions (“Terms and Conditions”) governing your use of the Canadian company Sendage Climbing ("Sendage Climbing"), which is owned and operated by the Canadian corporation Hippocurious Interactive Inc. The Terms and Conditions govern your use of information made available on and through Sendage Climbing, which is accessible at the internet address http://sendage.com. Please read this page carefully. The Terms and Conditions, when agreed to by you, will form a binding Agreement between you and Sendage Climbing.
2. Acceptance of Terms and Conditions of Use. Your use of Sendage Climbing indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use Sendage Climbing. From time to time these Terms and Conditions may be revised by updating this document and posting it on Sendage Climbing. It is your obligation to review these Terms and Conditions from time to time. Your continued use of Sendage Climbing 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 Sendage Climbing.
3. Definitions. For the purposes of this Agreement, the following definitions apply: “Content” includes all Text, Graphics, Design and Programming used on Sendage Climbing.
“Text” includes all text on every page of Sendage Climbing, whether editorial, informational, navigational, or instructional.
“Graphics” includes all logos, buttons, and other graphical elements on Sendage Climbing, with the exception of paid advertising banners.
“Design” includes the color combinations and the page layout of Sendage Climbing.
“Document” refers to any posting to Sendage Climbing.
“User” refers to any individual, organization, or governmental entity who uses any aspect of Sendage Climbing or its services.
“You” refers to the person accessing Sendage Climbing and agreeing to these Terms and Conditions.
4. Intellectual Property Rights. All Content on the Site is the property of Sendage Climbing or the property of third parties as indicated, and is protected by Canadian 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 Sendage Climbing, 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 Canadian copyright law. All product names, names of services, copyrights and service marks (“Marks”) are the property of Sendage Climbing 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 Sendage Climbing. The information displayed on Sendage Climbing may not be used for any purpose except in connection with your direct personal use of Sendage Climbing as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from Sendage Climbing. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) Sendage Climbing for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of Sendage Climbing is also subject to the following restrictions:
a) You may not send unsolicited commercial email to the email addresses provided on Sendage Climbing. 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 Sendage Climbing. 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 Sendage Climbing except for the purposes permitted by these Terms and Conditions.
c) Any information sent to Sendage Climbing via email is not secure and is sent on a non-confidential basis.
6. Monitoring of Content. Sendage Climbing does not assume any obligation for the accuracy, completeness, or truthfulness of any of the Content of Sendage Climbing. 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 Sendage Climbing or Sendage Climbing including, without limitation, via means of submitting a virus to Sendage Climbing or Sendage Climbing overloading, “flooding”, “mailbombing” or “crashing”;
c) Forging any TCP/IP packet header or any part of the header information in any e-mail.
8. User generated content. On Sendage Climbing you can post information that includes but is not limited to information about routes, boulder problems, climbs, climbing areas, ascents, first-ascents, tick lists, etc. By submitting any information, you knowingly surrender all rights to that content in all media worldwide to Sendage Climbing. Sendage Climbing owns the right to re-distribute and syndicate all user-submitted content. However, Sendage Climbing will not prevent, restrict, or discourage you from accessing the content you have generated. At any time you may access your own content and in some cases Sendage Climbing will provide tools for you to easily download your content.
9. Disclaimer of Warranties and Limitations of Liability. Your agreement to the following disclaimers and limitations is a material inducement to Sendage Climbing to permit you to access Sendage Climbing. Your use of Sendage Climbing, and the obligations and liabilities of Sendage Climbing in respect of your use of Sendage Climbing, is expressly limited as follows:
a) Third Party Information. Sendage Climbing 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 Sendage Climbing, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by Sendage Climbing on behalf of or any third party. In addition, Sendage Climbing does not endorse, warrant or otherwise guarantee the substance of any information or services provided by third parties. Sendage Climbing 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 Sendage Climbing or Web sites that have links to Sendage Climbing. Access to third party Web sites from Sendage Climbing is done at your own risk.
Although Sendage Climbing has attempted to provide accurate information on this Site, Sendage Climbing assumes no responsibility for the accuracy of the information or Services; nor does Sendage Climbing 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-Sendage Climbing products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
b) DISCLAIMER OF WARRANTIES. Sendage Climbing IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. SENDAGE CLIMBING 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. SENDAGE CLIMBING 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 SENDAGE CLIMBING PROVIDES ACCESS TO INFORMATION AND MATERIALS PROVIDED BY OTHER SOURCES, SENDAGE CLIMBING ACCEPTS NO LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT THEREOF.
IN NO EVENT SHALL SENDAGE CLIMBING 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). 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 SENDAGE CLIMBING 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 Sendage Climbing 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 Sendage Climbing is not responsible for the operation or failure of operation of GPS satellites or the availability of GPS satellite signals.Sendage Climbing 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. Sendage Climbing does not assume and shall not have any liability for events beyond Sendage Climbing’s control or the control of Sendage Climbing’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.
RULES OF CONDUCT
Sendage Climbing 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.
Sendage Climbing 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. Sendage Climbing 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 Sendage Climbing, you agree to the following:
1. Courtesy and Respect: You agree that you will be courteous to every Sendage Climbing 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 Sendage Climbing. 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 Sendage Climbing. 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 Sendage Climbing 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 Sendage Climbing email email@example.com.
7. Spam: You agree not to repeat substantially the same text in more than one location on Sendage Climbing.
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 Sendage Climbing (including member posts) without express written permission from Sendage Climbing.
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. Sendage Climbing 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 Sendage Climbing members that would violate these Rules of Conduct. Cautionary Note: Sendage Climbing 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 Sendage Climbing has no control over who uses your e-mail address or for what purpose.
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 Sendage Climbing 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 Sendage Climbing 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 Sendage Climbing, or deface any portion of the site.
13. Copying Content: Sendage Climbing 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 Sendage Climbing. You agree not to post copyrighted or trademarked images on Sendage Climbing, 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.
14. 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.
15. Impersonation: You agree not to impersonate or spoof Sendage Climbing members, employees, hosts or volunteers. You agree to create and use no more than one Sendage Climbing username, without explicit approval from Sendage Climbing staff. You agree not to express or imply that any content or materials you make, submit, or post are endorsed by Sendage Climbing or falsely state or otherwise misrepresent your affiliation with a person or entity.
17. Complaints: If there are problems on Sendage Climbing, 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 Sendage Climbing staff at firstname.lastname@example.org 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 Sendage Climbing staff. You will not engage in behavior that requires Sendage Climbing staff to expend excessive time and/or resources. In addition: – These Rules of Conduct apply to anything you upload to or create on Sendage Climbing, 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 Sendage Climbing discussions any post or portion of a post (along with the user name of the Sendage Climbing member who posted it) somewhere else on the site or in any other medium. 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 Sendage Climbing or Sendage Climbing.
Please check these guidelines periodically as they may be revised for the protection of our members.