LiveTrails ("we" or "us") is an online community for people to find places, pictures, and outdoor reports around the World. Browse reports of their friends and get comments around their reports (the "Services") through our website located at www.livetrails.com (the "Site"). Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and LiveTrails and applies to you whether you are a registered user of the Site ("Member") or a non-registered user just browsing (collectively "LiveTrails Users").
By just visiting LiveTrails, you accept our Terms of Service. By using or even just visiting www.livetrails.com (referred to hereafter as "LiveTrails"), you acknowledge your acceptance to both these terms and conditions (our "Terms of Service") as well as the terms and conditions of our Privacy Policy, published at www.livetrails.com/index.php?privacy_policy=1 and incorporated in these Terms of Service by reference. If you do not agree to any of these terms or conditions then you may not use LiveTrails.
We don't have control over websites that LiveTrails may link to. LiveTrails may contain links to third party websites that are not owned, operated, or controlled by LiveTrails. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using LiveTrails you expressly relieve us from any and all liability arising from your use of any third party website.
We don't have control over photo albums that LiveTrails may link to. LiveTrails may contain links to third party photo albums that are not owned, operated, or controlled by LiveTrails. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such photo albums or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party photo albums. By using LiveTrails you expressly relieve us from any and all liability arising from your use of any third party photo albums.
You are permitted to use LiveTrails, based on the following criteria: 1) Are 13 years of age or older; 2) Comply with our Terms of Service; 3) Won't copy or distribute any part of any part of LiveTrails in any medium without LiveTrails' prior written authorization; 4) Don't change any part of LiveTrails other than in ways that may be reasonably necessary for you to use LiveTrails for its intended purposes; 5) Provide accurate and complete information when creating an account; 6) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using LiveTrails; 8) Will not hold us liable for losses caused by use of your account, unauthorized or otherwise, and know that you may be liable for the losses of LiveTrails, our parent company, subsidiaries, affiliates, advertisers, or others, due to such use; 9) Don't collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes; 10) Don't use the communication systems provided by or contacts made on LiveTrails for any commercial solicitation purposes; 11) Acknowledge your sole responsibility for your content submissions, including hike reports, pictures, discussion posts, profile information and links, and other such content; 12) Affirm that you own or have the necessary licenses, rights, permissions, and consents to use and authorize LiveTrails to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across LiveTrails; 13) Grant each LiveTrails user, whether using LiveTrails or an application developed via a third-party developer, a non-exclusive license to access your submissions through LiveTrails and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through LiveTrails' functionality and under these Terms of Service: 14) Will not submit material that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such materials to LiveTrails; 15) Won't submit lies and misrepresentations that could damage LiveTrails users, our company, parent company, sister companies, affiliates, advertisers, or other parties; 16) Never submit material that is unlawful, defamatory, libelous, pornographic, obscene, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; 16) Won't post advertisements or solicit from LiveTrails or LiveTrails' visitors; 17) Affirm we and our parent company have the right to determine whether any of your submissions are appropriate and complies with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice; 18) Understand that when visiting LiveTrails, you will be exposed to submissions from a variety of source and that LiveTrails is not responsible for the accuracy, safety, usefulness, or intellectual property rights of or relating to such content.
The content on LiveTrails, excluding all intellectual property of other sites obtained by way of API and linking, are owned by LiveTrails. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). They are owned or licensed to LiveTrails, subject to copyright and other intellectual property rights under Canada, United States and foreign laws and international conventions. Content not owned by LiveTrails is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to LiveTrails and the content.
If you're a copyright owner or an owner's agent and find content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information in writing: 1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 5) A statement 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 6) A statement 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. LiveTrails' designated Copyright Agent to receive notifications of claimed infringement can be reached at support@livetrails.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
You agree that your use of LiveTrails shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, LiveTrails, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LiveTrails MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA LiveTrails. LiveTrails DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH LiveTrails OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LiveTrails WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL LiveTrails, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF LiveTrails, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH LiveTrails BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA LiveTrails, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LiveTrails SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. LiveTrails is controlled and offered by LiveTrails from its facilities in the Canada and United States of America and we make no representations that LiveTrails is appropriate or available for use in other locations. Those who access or use LiveTrails from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You indemnify LiveTrails. You agree to defend, indemnify and hold harmless LiveTrails, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to LiveTrails; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of LiveTrails.
You are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. And as stated in the first point of Section 3, you affirm that you are, in any case, 13 years of age or older. If you aren't, you must please leave LiveTrails.
These Terms of Service shall be governed by the internal substantive laws of the Province of British Columbia. Any claim or dispute between you and LiveTrails that arises in whole or in part from LiveTrails shall be decided exclusively by a court of competent jurisdiction located in British Columbia. These Terms of Service, together with the Privacy Notice at www.livetrails.com/index.php?privacy_policy=1 and any other legal notices published by LiveTrails on LiveTrails, shall constitute the entire agreement between you and LiveTrails concerning LiveTrails. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and LiveTrails' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND LiveTrails AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO LiveTrails MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES . OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
We reserve the right to amend these Terms of Service at any time and without notice. Therefore, it is your responsibility to review these Terms of Service for any changes. Your use of LiveTrails following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.