27 Crags Terms of Use

Note! You are concluding a legally binding Agreement.

This Terms of Use Agreement (the "Agreement") governs your use of the Service located at 27crags.com and the mobile application and any other related services and updates (the "Service"), which are owned and operated by 27 Crags Oy, business ID 2208432-1, Nisulankatu 78 40720 Jyväskylä, Finland, support@27crags.com ("27 Crags" "we," "our" or "us").

By accessing, viewing, downloading or otherwise using the Service or any webpage or feature available through the Service, or by clicking “Register” during the registration process, you conclude a legally binding agreement with 27 Crags based on the terms of this Agreement and become a Service user (“User” or “you”). If you are using the Service on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Register” and do not access, view, download or otherwise use the Service, webpage or information available through the Service.

No person under the age of 13 or who is a minor under his/her local legislation is eligible to use the Service. In the event that you are of the age of 13 or older but a minor in your country, you will need to obtain consent from your parent(s) or other legal guardian(s) for using the Service and complete the registration on your behalf for you. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.

Please note that the terms and conditions related to privacy and protection of your personal information are governed by the Privacy Policy provided on our website (“Privacy Policy”). You hereby confirm that you have read and accepted our Privacy Policy. To access the Privacy Policy, please visit https://27crags.com/site/privacy.

1. DESCRIPTION OF THE SERVICE

The Service is providing User with an Internet and mobile application, which collects and allows Users to share information about climbing locations, such as graphical representation in a form of sketch drawing or a photograph of a climbing route. The Service also includes other applications and related content aimed at climbers. The User can upload pieces of work, information, photographs and other material to the Service in accordance of the terms of this Agreement.

No devices or connections necessary for the use of Service are provided subject to this Agreement. You are responsible for purchasing, maintaining and updating such devices and connections, including (1) all equipment necessary for their own Internet connection, handheld device, mobile phone, computer and modem and (2) provision for User’s access to the Internet, and (3) payment of any fees relate with such connection.

2. REGISTRATION, USERNAME, PASSWORD AND SECURITY

Registration is required to access the features of this Service. Your registration shall not impose any duty on us to provide any particular service to you. You promise that the information you provide or provided in connection with registration to, and use of the Services is true and accurate. Your username and password will be your identity for purposes of interacting with the Service. The user name is personal and the User has to be a private person. The User can create a team page for a company or some other kind of organization and invite several other users to the team page, but each user must have their own personal user name.

You shall keep your username and password confidential, shall not disseminate this information, and shall use your username and password solely in accordance with this Agreement. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password; or (ii) any unauthorized use of your username or password or of the Service. In the event of such loss, theft or unauthorized use, 27 Crags may impose on you, in 27 Crags sole discretion, additional security obligations.

If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition of this information and shall promptly inform 27 Crags thereof. You shall also cooperate and assist in any investigation relating to any such unauthorized access. You are responsible for actions taken by using your user name until you have informed 27 Crags of the loss of the password and 27 Crags has had a reasonable time to prevent the use of the Service with the user name.

The User can invite a friend to join the Service by providing 27 Crags with the friend’s email address, in which case the friend receives an email from 27 Crags, where the User’s name is visible to the recipient. It is the User’s responsibility to make sure their friend is willing to receive the email. The User agrees to invite only their actual friends to join the Service and commits not to misusing the invitation procedure.

3. PROHIBITED USES AND CONDUCT

You shall be responsible for, and shall assume all liability with respect to, any materials or other information you upload or transmit through the Service. You agree not to upload, transmit, distribute, post, communicate or store information or other material on, to or through the Service that: (i) infringes in any way on any intellectual property or proprietary rights of others or on the privacy or publicity rights of others; (ii) is unlawful, profane, vulgar, sexually explicit, obscene, defamatory, threatening, harassing, abusive, racist, hateful, slanderous, embarrassing or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, as determined by 27 Crags in our sole discretion; (iii) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (iv) contains viruses, trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

You further agree not to: (i) use any incomplete, false or inaccurate biographical information or other information; (ii) delete or revise any material or other information of any other user of the Service; (iii) harvest, collect or send information about other users without their consent; (iv) take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure; (v) allow any other person or entity to use your username or password; (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; or (vii) access data not intended for you or log into a server or account that you are not authorized to access.

27 Crags may investigate occurrences that may involve violations of the foregoing prohibited uses and conduct, and may solicit, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Consequently, such violations may result in civil or criminal liability and 27 Crags is entitled to remove such violating material or prevent its use without notice.

4. OWNERSHIP

The User can upload pieces of work, information, photographs and other material (“User Content”) to the Service. You promise that, with respect to any User Content you post on the Service, (1) you have the right to post such User Content, and (2) such User Content, or its use by Service as contemplated by the Agreement, does not violate the Agreement, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others.

By accepting this Agreement, the User grants 27 Crags and its partners an unlimited, worldwide, perpetual, irrevocable royalty-free right and license to use, copy, amend, modify, translate, further develop, make derivative works and publish, display (publicly or otherwise), distribute, disclose, sell, resell, sublicense, perform, transmit, make available and communicate to the public and otherwise exploit in any manner whatsoever any such User Content or parts thereof in connection with the Service or the marketing thereof.

All materials provided on the Service are either owned by or licensed to 27 Crags. 27 Crags and its licensors retain all intellectual property and proprietary rights to the materials. User shall not receive any ownership rights by using the Service. Except as explicitly authorized by mandatory legislation or permitted by this Agreement, no design elements of the Service nor any text, photos, graphical materials and/or other information provided on the Service (collectively, the "Materials") may be copied, reproduced, modified, published, broadcast or redistributed directly or indirectly in any manner or medium whatsoever without the prior written consent of 27 Crags, which may be withheld for any reason or no reason at all.

Except as specifically allowed in these Terms of Use, User is not entitled to use, copy, reproduce, republish, store, modify, transfer, display, encode, transmit, distribute, lease, license, sell, rent, lend, convey, upload or otherwise transfer, assign or make publicly available your account, the Service, a part thereof or the material contained therein in any way. User is not entitled to adapt, translate, reverse engineer, decompile, disassemble or attempt to discover the source code, underlying ideas, algorithms, methods, techniques, file formats or programming interfaces of, or create derivative works from the Service or any part thereof, except to the extent permitted under the applicable laws. User is not entitled to remove, modify, hide, obscure, disable or modify any copyright, trademark or other proprietary rights notices, marks, labels or any other branding elements contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material, or misrepresent the source of ownership of the Service.

5. PAYMENTS

The basic version of the Service is offered to you free of charge. Additional Services, like for example Premium Topos (collectively “Paid Service”), may be available to you against payment of a fee. Such Paid Service packages are offered with the contents and on the terms and conditions indicated from time to time. If you purchase a Paid Service, you need to be at least 18 years old to place an order. Information on the Paid Service options and fees for all Paid Services is available at https://27crags.com/.

If you choose to upgrade to a Paid Service, you are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorize 27 Crags to charge your credit card or PayPal for all charges to your Service accounts. When you provide such a payment method to 27 Crags, you confirm that you are permitted to use that payment method. You also authorize 27 Crags to collect it, along with other related transaction information. When you make an upgrade, you authorize 27 Crags (and its designated payment processor) to charge the full amount through your payment provider. Furthermore, you hereby agree to PayPal or other third party service provider's terms of service. When you register to Paid Service, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days from registration.

If your payment fails or your account is past due, you agree to pay all amounts due on your account upon demand and reimburse 27 Crags for any costs and expenses related to the overdue payment. 27 Crags may also collect fees owed using other collection mechanisms. In case of payment failure, 27 Crags may at any time without notice suspend, terminate or delete your upgraded Service or your account.

You agree to submit any disputes regarding any charge to your account in writing to 27 Crags within thirty (30) days of such charge. Otherwise, such dispute will be waived and such charge will be final and not subject to challenge.

6. LINKS

27 Crags reserves the right to allow, deny or rescind permission to link to the Service from any other Service, and to require termination of any link to the Service, for any reason whatsoever, in our sole and absolute discretion.

The Service may contain links to other website and services ("Linked Websites"). The Linked Websites are not under the control of 27 Crags, and 27 Crags is not responsible for the contents of the Linked Websites, including without limitation, links contained on Linked Websites or any changes or updates to the Linked Websites. 27 Crags provides Linked Websites to you only as a convenience, and the inclusion of any such Linked s is not an endorsement by 27 Crags in favor of any company offering products or services on the Linked Websites.

7. DISCLAIMER OF WARRANTIES

By using the Service, you are hereby acknowledging that rock climbing is an inherently dangerous sport, the participation in which can cause permanent disability, paralysis, other serious injury, or even death, to you and those around you. You should never climb: without extensive training and proper supervision by experienced and professional climbers; without proper high-quality rock climbing gear; or in an area in which you are not completely familiar. Further, you should never climb if you are not willing to accept full responsibility for the consequences of your participation in this inherently dangerous sport.

THE SERVICE IS PROVIDED "AS IS." 27 CRAGS SHALL HAVE NO LIABLITY FOR ANY INTERRUPTIONS IN THE USE OF THIS SERVICE. 27 CRAGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS OR THE SERVICE. 27 CRAGS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 27 CRAGS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (V) WARRANTIES RELATING TO INACCURACIES, ERRORS, OMISSIONS OR THE CORRECTNESS OF THE MATERIALS OR OTHER INFORMATION; AND (VI) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY 27 CRAGS OR ANY THIRD PARTY. ANY MATERIALS OR OTHER INFORMATION ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

8. LIMITATION OF LIABILITY

By accepting the terms of agreement noted herein, you are hereby acknowledging that the information, content, and/or directions provided through https://27crags.com/, the 27 Crags application may be inaccurate or outdated and are not substitutes for safe trail use and navigation, and 27 Crags makes no claims or representations otherwise. By using this application and accepting the user agreement, you further acknowledge and agree that 27 Crags and its partners are not responsible or liable in any manner whatsoever for any loss, injury, or death resulting from use of the Service.

IN NO EVENT SHALL 27 CRAGS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN ANY MANNER WHATSOEVER FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES, LIABILITIES, COSTS, LOSSES OR EXPENSES ARISING OUT OF THIS AGREEMENT, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS, THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER SYSTEM FAILURE, EVEN IF 27 CRAGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, 27 CRAGS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. INDEMNIFICATION

You agree to indemnify, defend and hold 27 Crags and its officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys' fees) arising out of or resulting from: (i) your use of the Service or Materials; (ii) Materials you submit, post to or transmit through the Service; (iii) any actual or alleged breach by you of this Agreement; and/or (iv) your violation of any rights of another.

10. JURISDICTION, CHOICE OF LAW AND FORUM

The Service is operated in Finland. We do not represent that content or Materials presented on the Service are appropriate or available for use in other jurisdictions. If you access the Service from a jurisdiction other than Finland, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Service.

The Agreement shall be governed by and construed in accordance with the laws of Finland. Any dispute, controversy or claim arising between 27 Crags and you arising out of or relating to this Agreement or the existence, validity, termination, interpretation of any term hereof or either party's performance obligations hereunder shall be finally settled in the District Court of the City of Helsinki, Finland as the first instance.

11. MODIFICATION OF THIS AGREEMENT

27 Crags reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Service. You are bound by any such modifications and should therefore periodically visit this page to review the then-current Service Agreement to which you are bound. Your continued use of the Service or any webpage or feature available through Service after modifications are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. If, at any time, you do not wish to accept this Agreement, you may not use the Service.

12. TERMINATION

Your acceptance of this Agreement provides you with a limited right to access and use the Service. 27 Crags reserves the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Service, with or without notice and with or without cause. Termination of your access to the Service means the revocation of the limited right to use the Service granted to you under this Agreement by 27 Crags. The provisions of this Agreement will survive the termination of your access to the Service and of this Agreement.

13. NOTICES

27 Crags may give notices to users of the Service, at its option, by posting a message on the Service, by email or conventional mail or by any other means by which users may obtain actual knowledge thereof. Notices by users to 27 Crags must be given by email or conventional mail. Notices to 27 Crags by email should be sent to support@27crags.com. Notices to 27 Crags by conventional mail should be sent to: 27 Crags Oy, Nisulankatu 78 40720 Jyväskylä, Finland. Notices by a user to 27 Crags will not change the terms of this Agreement unless the change is expressly accepted in writing by an authorized officer of 27 Crags.