In Agreement ("Agreement") "you" and "your" refer to each user, "we", us" and "our" refer to Concept Climbing. "Services" refers to any Services, software or hardware obtained by you from us, including software apps, online services, climbing holds, walls and volumes and other climbing equipment. The selection of some of our Services requires you to establish an account with us for such Services and you permit us to store all the data you provide in a secure manner to allow us to provide you with these Services. By using any of our Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.
You agree that all copyrights for Services provided by Concept Climbing belongs to Concept Climbing, or its partners and that you will take no action whatsoever to infringe on or breach our copyright.
LIMITATION OF LIABILITY.
Climbing is an inherently dangerous sport. You agree that our entire liability, and your exclusive remedy, with respect to the use of any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s) in full or during the affected payment period. We and our contractors or partners shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute Services. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or Services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service; (7) physical harm caused during the use of our Services. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
Our Services may be used for lawful purposes only. Transmission, storage, or distribution of or acceptance of payment for any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any attempts to undermine or cause harm to a Concept Climbing server or customer are strictly prohibited. This includes the abusive sending of unsolicited email, also known as "Spam." Or the Creation of spam boulders.
You are solely responsible for the contents of your transmissions when using our service. Your use of our service(s) is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with US and international laws regarding the transmission of technical data exported through our Services (2) not to use our Services for illegal purposes; (3) not to interfere or disrupt networks connected to our Services and (4) to comply with all regulations, policies and procedures of networks connected to our Services. You agree not to transmit or sell through our Services's service(s) any unlawful, harassing, libelous, abusive, threatening, harmful, or otherwise legally objectionable material of any kind or nature. You further agree not to transmit or sell any materials that encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another customer's use of our Services service(s) or another entity's use of similar Services. We may, at our sole discretion, immediately terminate our Services to you or any agreement with you, should your conduct fail to conform to these terms and conditions.
COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS.
You agree not to engage in any activity that infringes or misappropriates the intellectual property rights of Concept Climbing or of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, you agree to not engage in activity that violates privacy, publicity, or other personal rights of others. We are required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also our policy to terminate the privileges of customers who commit repeat violations of copyright laws.
ACTIONS TAKEN BY our Services
Your failure to meet or follow any of the Terms and Conditions set forth by our Services is grounds for account deactivation. We will be the sole arbiter as to what constitutes a violation of its Terms and Conditions. We reserve the right to remove any account without prior notice. When we become aware of an alleged violation of our Terms and Conditions, we will initiate an investigation. During the investigation, we may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, we may, at our sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement authorities of such violation.
MODIFICATIONS TO AGREEMENT.
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the Services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement, Section 23. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement, Section 24. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes.
MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
You accept our right to distribute information to you that is pertinent to the quality or operation of our Services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products and Services offered by our Services or 3rd Parties or other information to add security or to enhance Services provided.
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in termination of our Services to you.
You agree that failure to abide by any provision of this Agreement, any operating rule or policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may terminate our Services, including but not limited to our order processing Services, without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
DISCLAIMER OF WARRANTIES.
You agree and warrant that the information that you provide to us to register for our Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
You agree that we may terminate your right to use our Services if the information that you provided to register for our Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material.
RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse Services to you, or to terminate the Services we provide to you at any time. In the event we do terminate your account, we agree to refund your applicable fee(s) for the period after the termination. You agree that we shall not be liable to you for loss or damages that may result from our refusal to provided Services to you or to register you for other Services.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained an electronic confirmation of delivery. E-mail notice shall be sent to you at the e-mail address you have provided in your registration application or as updated from time to time.
You agree that this Agreement and the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.
This Agreement will be governed by the laws of the State of Victoria, Australia. If any provision of this Agreement shall be held illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect, and enforceable.
You attest that you are of legal age to enter into this Agreement.
We respect your privacy. Information provided to us by you will not be shared with other entities unless this is required to collect your payment or to provide you with a service which can only be provided by passing on your details to the party which supplies the service.
MOBILE EQUIPMENT AND NETWORKS
The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the Services or make any Redemptions. To use the Mobile Application or Services or to make Redemptions, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application
ACCEPTANCE OF AGREEMENT. BY OPENING AN ACCOUNT WITH OUR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
Concept Climbing built the Concept Climbing app as a Free app. This SERVICE is provided by Concept Climbing at no cost and is intended for use as is.
This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.
Information Collection and Use
The app does use third party services that may collect information used to identify you.
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
We may employ third-party companies and individuals due to the following reasons:
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.