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By accessing the materials and services provided, you are consenting to the terms described below and agreeing to be bound by them.
Please note that the terms of service include limitations as to your rights with regard to liabilities and warranties.
If you do not want to agree to be bound by these terms, please defer from using, in any manner, the materials and services we are providing.
The Rock Garden websites, related mobile applications and services (collectively, the “Service”) are made available to you by Rock Garden, Inc., a Utah corporation. For more information, please visit www.rockgarden.io.
The Service relates to climbing and other information related to outdoor activities.
The Service provides you with information that can help you make decisions related to your activities. The information provided is no doubt beneficial in this regard but it is no substitute for your own judgment. You assume the risks of your own judgment. Climbing, as well as all outdoor activities, can pose risks of harm or death. You must understand the risks imposed by your activities and your judgment and accept those risks before exposing yourself to them. The Service was designed to improve your chances of avoiding injury and death by making better informed decisions but nothing can replace your own good judgment and situational awareness.
As a result, you hereby voluntarily assume all known and unknown risks associated with these activities and further hereby agree to release, waive, discharge and covenant not to sue Rock Garden, its service providers, associates, affiliates, managers, agents, employees, staff, volunteers, heirs, representatives, predecessors, successors and assigns, whatsoever arising out of or relating to any loss, damage or injury, including illness and death, that may be sustained by you, or to any property belonging to you, whether caused by the negligence of the releasees, or otherwise, related, in any manner, to your use of the Service.
You further hereby agree to indemnify and save and hold harmless the releasees and each of them, from any loss, liability, damage or costs they may incur related, in any manner, to your use of the Service, whether caused by the negligence of any or all of the releasees, or otherwise.
It is also your express intent that this Release shall bind the members of your family and your spouse, if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named releasees.
The Service is provided to you “as is”. It is provided without any warranties whatsoever, including, but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose and title and non-infringement. Rock Garden, and its affiliates of any kind, make no warranty that the Service will satisfy your requirements, content on the Service will not be interrupted, timely or error free, that the Service will be sufficiently accurate or reliable for your purposes, or that the quality of the Service or related material will meet your expectations.
As a result of the aforementioned “as is” provision, You expressly agree to release Rock Garden, its service providers, associates, affiliates, managers, agents, employees, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any claims, actions or damages related, in any manner, to your use or misuse of the service. any dealings with third party service providers or advertisers available through the service, any delay or inability to use the Service experienced by you, or any information, software, products, services or content obtained through the service, whether based on contract, tort, strict liability or otherwise.
You further hereby agree to indemnify and save and hold harmless the releasees and each of them, from any loss, liability, damage or costs they may incur related, in any manner, to your use of the Service, whether caused by the negligence of any or all of the releasees, or otherwise.
It is also your express intent that this Release shall bind the members of your family and your spouse, if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named releasees.
Rock Garden grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Service for your personal, non-commercial use only.
To the extent that the Service provides access to any online software, applications or other similar components, then Rock Garden grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by Rock Garden and only for your personal, non-commercial purposes.
Rock Garden makes available mobile apps for access to and use of certain components of the Service (collectively, “Mobile Apps”). Subject to your compliance in all material respects with the terms and conditions of the Terms and, if you access or use the Mobile Apps on Apple iOS and Google Android, the usage rules set forth in the iTunes App Store and Google Play Store Terms of Service, Rock Garden grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Mobile Apps on a personal mobile device that you own and control, in executable, machine-readable, object code form only and solely for your personal, non-commercial purposes. You acknowledge and agree that the Mobile Apps are licensed, not sold, to you for use only under the terms and conditions of the Terms.
All rights granted to you under these Terms are subject to your compliance with the Terms in all material respects. Your access to and use of the Service must further comply in all material respects with any usage guidelines and updates posted by Rock Garden.
The Service is intended solely for persons who are 13 years old or such higher age required in your country to use the Service. If you are under the legal age to form a binding contract in your jurisdiction, you represent and it is implied that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Service, you must register per the requirements defined by the Mobile Apps. You agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data based on any changes. You agree that Rock Garden may use your User Data to provide the Service that you access or use and as otherwise set forth in these Terms. If you provide any User Data that is inaccurate or not current, or Rock Garden has reasonable grounds to suspect that such User Data is inaccurate or not current, Rock Garden has the right to suspend or terminate your account and refuse current or future use of the Service. In consideration of your use of the Service, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with the Service and for restricting access to your account while logged into the Service. You accept responsibility for all activities that occur under your account. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Service or its contents. You agree to immediately notify Rock Garden (support@rockgarden.io) of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to Rock Garden.
You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize Rock Garden to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
By virtue of certain of the Service connecting to the Mapbox API, you hereby agree to be bound by the Mapbox Terms of Service (including the Mapbox Privacy Policy) in connection with your use of such Service.
You acknowledge and agree that all information, maps, locations, data, data records, meta data, databases, text, notes, notations, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Rock Garden, are entirely responsible for all Content that you upload, post, email, transmit, share or otherwise make available through the Service (“Your Content”), and other users of the Service, and not Rock Garden, are similarly responsible for all Content they upload, post, email, transmit, share or otherwise make available through the Service (“User Content”).
You acknowledge and agree that Rock Garden has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Rock Garden reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, Rock Garden shall have the right to remove any Content that violates the Terms or that it deems objectionable.
To the extent that you submit any Content, you represent and warrant that: (a) you have all necessary right and authority to grant the rights set forth in the Terms with respect to Your Content; and (b) Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any other party.
Rock Garden does not claim ownership of Your Content. However, you grant Rock Garden and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) in connection with the Service. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may require: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Except with respect to Your Content, you acknowledge and agree that Rock Garden and its licensors own all rights, title and interest (including, but not limited to, all intellectual property rights) in the Service and all Content and other materials within the Service. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. The Rock Garden logos and trademarks referenced in the Service are the trademarks of Rock Garden and its affiliates. Any other company names, product names, service names, concepts, artwork, videos, visualizations and logos referenced in the Service may be the trademarks of their respective owners. Rock Garden reserves all rights not expressly granted to you.
Except with respect to Your Content, you may not: (a) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under the Terms; (b) except as expressly permitted by applicable law, reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of, any software within or associated with the Service; (c) frame or utilize any framing technique to enclose any Content; (d) access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by Rock Garden; (e) rent, lease, lend, sell or sublicense the Service or otherwise provide access to the Service as part of a service bureau or similar fee-for-service purpose; or (f) remove or obscure any proprietary notice that appears within the Service.
If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide Rock Garden's Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Rock Garden's Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
Rock Garden Inc.
819 S 600E
Salt Lake City, UT 84102
Phone: (435) 669-6796
Email: copyright@rockgarden.io
In connection with your access to or use of the Service, you shall not:
You understand that use of certain features of the Service may require you to purchase third party equipment or materials (e.g., a smart phone). While Rock Garden may recommend the equipment or materials of certain third-party suppliers, Rock Garden shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third party equipment or materials will function with the Service or will be error-free.
You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with users and your contacts via the Service.
You represent and warrant that: (a) you are authorized to create your account, whether individually or on behalf of an organization; (b) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (c) the posting and use of your Content on or through the Service does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (d) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service.
8. Feedback
If you elect to provide or make available to Rock Garden any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), Rock Garden shall be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.
9. Governing Law; Dispute Resolution
The Terms shall be governed by and construed and enforced in accordance with the
Laws of the State of Utah or other applicable federal laws, without regard to conflict of laws principles. You hereby consent to personal and subject matter jurisdiction as well as venue being a court of competent jurisdiction in Salt Lake County, Utah for any dispute resolution.
