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Terms of Use

This Terms of Use Agreement (the "Agreement") governs your use of the Service located at cartowall.com and any other related services and updates (the "Service"), which are owned and operated by CartoWall, Málaga, Spain, support@cartowall.com ("CartoWall" "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 CartoWall 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://www.cartowall.com/site/privacy.

1. DESCRIPTION OF THE SERVICE

The Service is providing User with an Internet 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 or an institution.

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, CartoWall may impose on you, in CartoWall 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 CartoWall 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 CartoWall of the loss of the password and CartoWall has had a reasonable time to prevent the use of the Service with the user name.

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 CartoWall 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.

CartoWall 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 CartoWall 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 CartoWall 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 CartoWall. CartoWall 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 CartoWall, 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 Service is offered to you free of charge.

6. LINKS

CartoWall 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 CartoWall, and CartoWall 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. CartoWall provides Linked Websites to you only as a convenience, and the inclusion of any such Linked sites is not an endorsement by CartoWall 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". CARTOWALL SHALL HAVE NO LIABLITY FOR ANY INTERRUPTIONS IN THE USE OF THIS SERVICE. CARTOWALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS OR THE SERVICE. CARTOWALL DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARTOWALL 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 CARTOWALL 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://www.cartowall.com/ may be inaccurate or outdated and are not substitutes for safe trail use and navigation, and CartoWall makes no claims or representations otherwise. By using this application and accepting the user agreement, you further acknowledge and agree that CartoWall 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 CARTOWALL 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 CARTOWALL 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, CARTOWALL LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. INDEMNIFICATION

You agree to indemnify, defend and hold CartoWall 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 Spain. 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 Spain, 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 Spain. Any dispute, controversy or claim arising between CartoWall 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 Málaga, Spain as the first instance.

11. MODIFICATION OF THIS AGREEMENT

CartoWall 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. CartoWall 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 CartoWall. The provisions of this Agreement will survive the termination of your access to the Service and of this Agreement.

13. NOTICES

CartoWall 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 CartoWall must be given by email or conventional mail. Notices to CartoWall by email should be sent to support@cartowall.com. Notices by a user to CartoWall will not change the terms of this Agreement unless the change is expressly accepted in writing by an authorized officer of CartoWall.