Travel-n-share app

1. GENERAL INFORMATION

1.1. SWORDSTEEL PRODUCTS

These Terms and conditions (these "Terms") contain the terms and conditions on which we supply content, products or services listed on travel-n-share.com (the "Website"), through our applications (each an "App" and collectively the "Apps") or via other delivery methods to you (the Website and such content, products, services and the Apps, each as may be updated from time-to-time at the sole discretion of Swordtseel, are collectively referred to herein as the "Services", "Product" or "Products"). These Terms constitute a legally binding agreement between you and Swordtseel.

Your use of certain Products may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in these Terms or will be presented to you on or in connection with such Products. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control solely to the extent of the conflict. The applicable Supplemental Terms are hereby incorporated into these Terms by reference (all applicable Supplemental Terms and these Terms, collectively, the " Terms"). Please read these the carefully before accessing, using, or ordering any Products from the Website, the App, or third-party App stores (e.g., the Apple App Store, the Android Play Store, Amazon, etc.). The terms "Swordtseel," "us" or "we" refers to SWORDSTEEL SOFTWARE SYSTEMS INC. The term "Device" refers to any device which is used to access the Products including but not limited to computers, smart phones and tablets. The term "you" refers to the user of the Products. When you order any Products (each such instance, an "Order"), visit the Website, download an App, or otherwise use or access the Products, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Products.

SWORDSTEEL MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND DATA PROVIDED THROUGH THE PRODUCTS, AND SUCH INFORMATION AND DATA SHOULD NOT BE CONSTRUED OR USED AS A LEGAL DESCRIPTION. ACTIVITIES ASSOCIATED WITH THE PRODUCTS CAN AT TIMES INVOLVE RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER DANGERS ASSOCIATED WITH SUCH ACTIVITIES. YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWORDSTEEL CANNOT AND DOES NOT ASSUME RESPONSIBILITY FOR ANY SUCH PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCTS. SWORDSTEEL IS NOT RESPONSIBLE FOR THE MISUSE OR MISREPRESENTATION OF THE INFORMATION AND/OR DATA PROVIDED THROUGH THE PRODUCTS, AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION AND/OR DATA IS THEREFORE STRICTLY AT YOUR OWN RISK.

Our contact email address is . All correspondence to Swordtseel including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.

By accessing or using the Products, you agree to the collection, use and disclosure of your personal information as described in our Privacy Policy .

1.2. U.S. USERS - ARBITRATION NOTICE AND CLASS ACTION WAIVER

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES AS LISTED IN THE ARBITRATION AGREEMENT, YOU AND SWORDSTEEL AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SWORDSTEEL WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

THIS PROVISION DOES NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN ECONOMIC AREA ("EEA") OR THE UNITED KINGDOM ("UK"), OR IF OTHERWISE PROHIBITED BY APPLICABLE LAW.

1.3. SUBSCRIPTION RENEWAL TERMS

IF YOU PURCHASE A SUBSCRIPTION (AS DEFINED BELOW) TO THE SERVICES FOR A TERM (THE "INITIAL TERM"), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SWORDSTEEL’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL / DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 4.6 BELOW.

1.4. CHANGES TO TERMS

Swordtseel reserves the right, in its sole discretion, to change or update these Terms, or any other of our policies or practices, at any time. If we make any material changes to these Terms, we will notify users by posting such changed or updated Terms on this page, and indicate the date these Terms were last revised. We may also provide notice of such changes through the Products’ user interface, in an email notification or through other reasonable means. Any changes or updates will be effective immediately for new users of the Products, and the sooner of (i) thirty (30) days after posting, or (ii) upon acceptance of such updated Terms for existing users of the Products. Your continued use of the Products after any changes are made constitutes your agreement to abide by the updated Terms.

2. LICENSE

2.1. Subject to your ongoing compliance with these Terms, and payment of all applicable fees, Swordtseel grants you a limited, non-exclusive, non-transferable, revocable license to download and make personal non-commercial use of the Products.

2.2. The Products contain or embody copyrighted material, proprietary material or other intellectual property of Swordtseel or its licensors. All right, title and ownership in the Products remain with Swordtseel or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.

2.3. A limited amount of Materials (as defined below) may be marked and authorized by Swordtseel for users to share in their personal social channels (Facebook, Twitter, etc.), as part of your blog or other online commentary, analysis or review ("User Commentary") in accordance with the functionality of the Products (such Materials, the "Distribution Content"). Swordtseel grants you a limited right to download, reproduce and distribute Distribution Content over the internet solely as part of your User Commentary. You may modify such Distribution Content solely as required to technically enable the display and distribution of such Distribution Content (e.g., a change in video format or file size) provided such modification does not materially alter the substance or quality of such Distribution Content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as time-limited restrictions on display and distribution of Distribution Content. You agree not to publish the Distribution Content with other content that is false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content. Swordtseel reserves the right to discontinue providing any Distribution Content at any time, or to direct you to cease displaying, or otherwise using, any Distribution Content for any or no reason, without liability to you or any third party.

2.4. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from Swordtseel. We reserve the right to withdraw such permission immediately upon written notice to you. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of Materials (as defined below) on or in the Products other than that set out above, please address your request to .

2.5. You agree that you will not and you will not assist or permit any third party to: (a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products; (b) use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever; (c) rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part; (d) tamper with the Products or circumvent any technology used by Swordtseel or its licensors to protect any content accessible through the Products; (e) circumvent any territorial restrictions applied to the Products; or 4.6 use the Products for any commercial purpose without the express written consent of Swordtseel. Except as expressly set forth in these Terms, you may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or Materials in the Products.

2.6. If you purchase a Subscription, such Subscription may include the right to create and reproduce an unlimited number of hard copy reproductions of certain Materials (as defined below) contained in the Products for your personal, in-house business, or intra-institutional use, subject to the property rights notice and credit requirements set forth below. Any included Swordtseel or third party copyright notices must appear in legible form on or adjacent to each reproduction. You may distribute hard copy reproductions on paper in accordance with this section, as long as the reproductions are distributed without charge, in a non-commercial manner and for non-commercial purposes. We ask that you obtain a supplemental license in writing from Swordtseel before you reproduce any reproductions in a publication that is for sale or resale or that contains paid advertisements.

3. MEMBERSHIPS AND SUBSCRIPTIONS

3.1. BECOMING A MEMBER

(a) You may sign up as a registered user of the Products (a "Member") free of charge. To sign up as a Member, you must create an account ("Member Account") by submitting your email address to us through the relevant section of the Product, and creating a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your Member Account and password and for restricting access to your Device, and for any activity taking place on or through your Member Account.

(b) In the course of your use of the Products, you may provide certain personalized information to us (such information is referred to hereinafter as "User Information"). You may enable the Products or log in to the App via various online third party service providers, such as Facebook, Google, or Apple ("Third Party Services"). When you log in using these Third Party Services or directly integrate these Third Party Services into the Products, you enable us to make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Third Party Services on the websites of the third parties providing such Third Party Services. As part of such integration, the Third Party Services will provide us with access to certain User Information that you have provided to such Third Party Services, and we will use, store and disclose such User Information in accordance with our Privacy Policy. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Swordtseel shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Products, including any information shared with Swordtseel by a provider of Third Party Services in violation of such provider’s own policies. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

(i) You are legally capable of entering into binding contracts.

(ii) You are at least 13 years of age (or the equivalent minimum age in your relevant jurisdiction, including 16 years of age in the EEA or the UK).

(iii) All registration information you submit is truthful and accurate.

(iv) You will maintain the accuracy of such User Information.

(v) Your use of the Products does not violate any applicable law or regulation.

3.2. USER INFORMATION

You are responsible for maintaining the confidentiality of your Member Account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for keeping your User Information up-to-date. Swordtseel will not be liable for any loss or damage arising from your failure to comply with this Section.

3.3. USE OF SWORDSTEEL BY MINORS

You must be 18 years of age, or the age of majority in your province, territory or country, to become a Member. Individuals under the age of 18, or the applicable age of majority in such individual’s jurisdiction, may utilize the Products only with the supervision and consent of a parent or legal guardian, under such parent or guardian’s Member Account and otherwise subject to these Terms. No individual under these age limits may use the Services, provide any Personal Data to Swordtseel, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

4. ACCOUNTS, SUBSCRIPTIONS AND PAYMENTS

4.1. REGISTRATION

If you register to use the Services or download one of our applications, we may require you to create an account password in order to make purchases, subscribe to our services, or use certain features on the Services.To create an account, you must provide truthful and accurate information. Do not impersonate anyone else when you create your account. If your registration information changes at any time, you agree to update your account to reflect those changes.

4.2. ACCOUNT SECURITY

You may not share your account with anyone else. Please keep your account password confidential, and try not to use the same password on other websites. You are solely responsible for all activities, including payments, that occur using your account. If you believe that your account has been compromised at any time, please contact us. You are responsible for maintaining the confidentiality of all actions that take place within your account. We are not responsible for any loss that results from any unauthorized use of your username and password.

4.3. ACCOUNT MONITORING AND SUSPENSION

We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or related to the Services. We may also deactivate, terminate or suspect your account or access to certain Services at any time for reasons included, but not limited to, the following: (1) a violation of the Terms and Conditions; (2) if we determine, in our sole discretion, that you have created a risk or possible legal exposure for Swordtseel or any third party; (3) upon any discontinuation of material modification to our Service; (4) unexpected technical security issues or problems; (5) deletion of your information, files and Content associated with your account in association with a request by you; (6) nonpayment of any fees owed by you in connection with the Service; or (7) extended periods of inactivity. Any termination or suspension of your account shall be at Swordtseel’s sole discretion and Swordtseel shall not be liable to you or any third party for any suspension or termination of your account or access to the Service.

4.4. SUBSCRIPTIONS, MEMBERSHIPS AND PAID SERVICES

As a registered user, you may advertise in our App, subscribe to certain premium, paid services, print subscriptions, or memberships available via the Services (collectively "Subscriptions"). A Subscription will enable you to access certain paid features and content when available. Your use of premium content and features as a paid subscriber is subject to these Terms and Conditions, including Section 5 (Prohibited Use Of The Products).

4.5. PRICING

Subscribers agree to pay the fees listed on the subscription sign up page for the subscription term listed on that page. Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively. By signing up for and using a Subscription, you agree to waive your 14-day right of withdrawal at the moment you subscribe, to the maximum extent permitted by applicable law, in exchange for immediate access. If applicable to the particular Subscription, You may modify your Subscription by upgrading or downgrading your Subscription tier at any time. When you modify your Subscription, the change will become effective at the end of the then current Subscription term. Subscription payments are non-refundable except at our sole discretion and in accordance with the rules governing each Subscription.

4.6. NOTICE OF AUTO RENEWAL. EFFECT OF CANCELLATION

To provide continuous service to paid subscribers who purchase a Subscription, unless otherwise stated, we automatically renew your Subscription. The renewal term is usually the same duration as the original Subscription term (for example, a one-month Subscription will renew on a monthly basis and a one-year Subscription will renew on an annual basis).

By making a Subscription purchase on the Services, you acknowledge that your account will be subject to the above-described automatic renewals. If you do not wish your account to renew automatically or if you wish to cancel your Subscription at any time, please contact us at .

Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle and will continue to have the same access and benefits for the remainder of the current billing period.

Please note that your paid Subscription may be interrupted as a result of a canceled or expired payment card or other payment method. It is your responsibility to keep your payment card or payment method details up to date to continue accessing the Services.

4.7. PROMOTIONS

We may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.

You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, your subscription will automatically renew at the rates displayed at the time of purchase.

We will not notify you in advance that the promotion is about to end and we will not notify you when your promotional rate has ended. To cancel and avoid being charged, you must notify us before the promotion ends.

4.8. PAYMENTS

All payments related to your Subscription or other purchases made from your registration account must be made from a payment method on which you are the named account holder (the "Payment Method"). Unless otherwise stated, all fees due for the Subscription(s) are payable in advance, and will be billed automatically to the Payment Method. You agree that we will not be liable for any loss caused by any unauthorized use of your payment card or any other method of payment by a third party in connection with the Services. Any attempt to defraud the Company through the use of payment cards or other payment methods will result in immediate termination of your account and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We are entitled to inform relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.

4.9. PAYMENT AND FINANCIAL TRANSACTION PROCESSING

We may use third party electronic payment processors and/or financial institutions ("Payment Processors") to process financial transactions. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle such transactions and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted on the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor. In the event of conflict between these Terms and conditions and the Payment Processor terms and conditions, these Terms and conditions shall govern. The Payment Processor may receive and implement updated credit card or debit card information from your credit card issuer in order to prevent your Subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to the Payment Processor at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card or debit card issuer.

4.10. FEE CHANGES

The Company reserves the right to increase Subscription fees or to institute new fees at any time with reasonable advance notice. If you do not wish to pay the new prices, you can cancel your Subscription prior to the change becoming effective.

4.11. RESTRICTIONS ON PURCHASES

We may offer opportunities to purchase products via the Services. Certain products may have limited quantities. We reserve the right to refuse any order you place, limit quantities purchased per person, per household, or per order, or cancel orders that you place. In the event that we make a change to or cancel your order, we may attempt to contact you using the contact information you provided when you placed your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors, dealers or other commercial entities.

4.12. DEVICE REQUIREMENTS

The Products include certain services that are available via a mobile device, including (i) the ability to browse the Website from a mobile device and (ii) the ability to access certain features through an App downloaded and installed on a Device (collectively, the "Mobile Services"). To the extent you access the Products through a Device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

4.13. CHANGING FEES AND CHARGES

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Products. We will notify you at least 30 calendar days in advance of any such change. Your continued use of the Products after the price change becomes effective constitutes your agreement to pay the changed amount. Any changes in our fees and charges will not affect any ongoing Subscription until the next Renewal Commencement Date. If you do not agree to the change, you may cancel your membership or Subscription in your account settings or by emailing .

5. PROHIBITED USE OF THE PRODUCTS

5.1. PROHIBITED ACTIVITIES

You agree not to: (i) upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves; (ii) interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products; (iii) access the Products in an unauthorized manner; (iv) interfere with any other user’s use and enjoyment of the Products; (v) request or offer to perform a request that is illegal or violates any of the terms set forth herein; (vi) impersonate any person or entity, including any employee or representative of Swordtseel; or (vii) use software or automated agents or scripts to produce multiple Member Accounts, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Products (provided, however, that we may conditionally grant to the operators of public search engines revocable permission to use spiders to copy Materials from the Swordtseel Products for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Materials, but not caches or archives of such Materials, subject to the parameters set forth in our robots.txt file).

5.2. TRESPASS

You agree that in connection with your use of the Products, you will not trespass on, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be ("Private Property"). You acknowledge that Swordtseel does not have and affirmatively disclaims any obligation or ability to provide you with complete and accurate information regarding the whereabouts of Private Property you may encounter when using or in connection with your use of the Products. Regardless of whether Swordtseel designates any content with a warning regarding its proximity to Private Property, you are solely responsible for obtaining all required permissions to approach or enter Private Property in connection with your use of the Products.

5.3. DISRUPTIVE AND DISRESPECTFUL USE

You agree to be mindful and respectful of places you visit in connection with your use of the Products. You agree that your use of the Products will be appropriate to the environment around you and that you will not create excessive noise or other disturbances in connection with your use of the Products. You agree to act in a manner that is respectful and appropriate to the areas where you use the Products, including while interacting with other people, disposing of trash, using restroom facilities, using the Product in large groups, parking your vehicle, and otherwise.

5.4. OTHER ILLEGAL USE

You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.

5.5. REPORTING FOR AND RELEASE OF LIABILITY FOR PRODUCT MISUSE:

By breaching the provisions of this Section 5, you may commit a criminal offense under applicable laws. We reserve the right, subject to our obligations under applicable privacy laws, to report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities in any investigation related to your use of the Products, including by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately. If you have a dispute with any third party relating to your use or misuse of the Products, to the fullest extent permitted by applicable law, you hereby release the Swordtseel (as defined below) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you also waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

6. MATERIALS OFFERED THROUGH THE PRODUCTS

6.1. OWNERSHIP

(a) The Products and all materials, including software, text, files, photographs, trail maps, widgets, and other content, whether downloaded or not ("Materials") contained in the Products are owned by Swordtseel (or our affiliates and/or licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the Products are valuable property and that other than any specific and limited license expressly granted for use of such Products or any Materials contained therein, you shall not acquire any ownership rights in or to such Products or any such Materials. The Products and Materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you, without our prior written consent.

(b) We welcome any and all feedback to help us build better Products. If you provide Swordtseel with any feedback or suggestions regarding the Products ("Feedback"), you acknowledge that we can freely use such Feedback in any manner. Feedback you provide is not confidential or proprietary to you. So, please do not provide Swordtseel any information or ideas that you consider to be confidential or proprietary.

(c) The Products are not intended for your commercial use. You must not use any part of the Materials for commercial purposes without obtaining a written license to do so from us. Materials from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes or purposes otherwise deemed objectionable in our sole discretion (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.

6.2. TRADEMARKS

Swordtseel, the Travel-n-share application logo and all other Swordtseel product or service marks (the "Swordtseel Marks") are trademarks of Swordtseel. All intellectual property, other trademarks, logos, images, product and company names ("Third-Party IP") displayed or referred to on or in the Products are the property of their respective owners. Except as expressly set forth herein, nothing grants you any license or right to use, alter or remove or copy the Swordtseel Marks or any Third-Party IP. All use of the Swordtseel marks shall inure to the benefit of Swordtseel. Your unauthorized use or misuse of the Swordtseel Marks or any Third-Party IP displayed on the Products is strictly prohibited. Swordtseel reserves all rights to enforce its trademark rights to the fullest extent of the law.

7. USER MATERIAL

7.1. The Products may let you submit Material, including text, files, images, photos, and recorded activity information, to us (for example, in various parts of the Products you may be able to upload a photo to your profile, write reviews of trips, trails or points of interest, post updates, leave comments, upload photos of your outdoor activities, or upload files that record your activities) (all such Material uploaded or made available by a user, "User Material"). User Material does not include the User Information, information related to your Order, or information which you provide in registering for and using Products. You own any User Material that you submit to the Products, and Swordtseel is not claiming ownership of such User Material. However, by transmitting, uploading, posting, displaying, e-mailing, or otherwise submitting any User Material, you grant, and you represent and warrant that you have the right to grant, to Swordtseel an irrevocable, perpetual, non-exclusive, fully-paid, royalty free, sublicensable, worldwide license to use, telecast, copy, modify, perform, display, edit, distribute and otherwise exploit the User Material, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing. Without limitation, this license authorizes us to make your User Material available to, and visible by, all users of the Products. You also acknowledge that your User Material will not be returned to you and that Swordtseel has no obligation to acknowledge receipt of or respond to any User Material. If you submit User Material, you represent and warrant that you own or otherwise control the rights to your User Material. To the fullest extent permitted by applicable law, you agree to indemnify Swordtseel and its affiliates for all claims arising from or in connection with any claims to any rights in any User Material or any damages arising from any User Material.

7.2. Swordtseel reserves the right, but has no obligation, to review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not endorse any User Material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. You, and not Swordtseel, are entirely responsible for all User Material that you make available through the Products. Any use of, or reliance on, any User Material found on the Products is at your own risk. We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material which we consider to be infringing, unlawful, offensive or otherwise inappropriate without advance notice to you, including without limitation where User Material does not comply with the requirements of this Section 7, and/or to restrict, suspend, or terminate your access to all or any part of the Products with or without prior notice to you in the case of repeat infringements.

7.3. We may link User Material or parts of User Material to other Material, including Material submitted by other users or created by Swordtseel or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Swordtseel. You acknowledge that we may commercially benefit from use of your User Material, and have no obligation to credit you in such use.

7.4. Each time you submit User Material to us, you represent and warrant to us as follows:

(a) You have all necessary right, title, interest, authorizations, and permissions to: (i) make available all of your User Material; and (ii) grant the rights, licenses, and permissions granted hereunder with respect to any data, content, information, or feedback, including your User Material;

(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate;

(d) Your User Material does not identify any individual (including by way or name, address or inclusion of a still picture or video of such individual) under the age of 18 and if User Material identifies any individual over the age of 18, you have the consent of such individual to so identify them;

(e) You will not collect usernames and/or email addresses of users;

(f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, misappropriation, infringement, or theft of trade secrets;

(g) You will not engage in any automated use of the system, such as using scripts to alter our content;

(h) You will not access, tamper with, or otherwise use any non-public areas of the Products, Swordtseel’ computer systems, or the technical delivery systems of Swordtseel’ providers; and

(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Swordtseel system or network or breach any security or authentication measures.

7.5. User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of absolute privacy. You may be able to control the visibility of certain categories of User Material in accordance with the functionality of the Products, either through the settings in your Member Account or at the time you upload, share, or otherwise make available such User Material. Swordtseel may include your User Material in Swordtseel’ Distribution Content that is made available to others through the Products. Swordtseel has no control over User Material once it leaves the Products, and it is possible that others may duplicate Material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. Notwithstanding anything else set forth herein, you agree to indemnify Swordtseel and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.

8. THIRD-PARTY SITES AND SERVICES

8.1. We may provide links to other websites or services. You acknowledge that any interaction with such links is taken at your sole discretion and such links are provided for your convenience only. We do not review or endorse any of those websites or services. We are not responsible in any way for the availability of, the privacy practices of, the content, advertising, products, goods or other materials or resources on or available from, or the use that others make of these other websites or services. We are not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

8.2. We reserve the right to display third-party advertising and other content before, after, or in conjunction with User Materials posted on the Products, and you acknowledge and agree that Swordtseel has no obligation to you in connection therewith (including, without limitation, any obligation to share any revenue received by Swordtseel in connection with such content).

9. PRODUCTS DISCLAIMER

The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, accessibility (including rights of entry and/or use), security or availability with respect to the Products or the information contained on the Products for any purpose. In some cases, the Products are designed to reduce, but not eliminate, certain risks, but you hereby acknowledge and agree that the Products are not sufficient to warrant or guarantee that either no loss, no damage, or no physical harm will occur. YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWORDSTEEL CANNOT AND DOES NOT ASSUME RESPONSIBILITY FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCTS. Swordtseel is not responsible for the misuse or misrepresentation of the information and/or data provided through the Products.Any reliance you place on such information is therefore strictly at your own risk.

10. AVAILABILITY OF PRODUCTS

Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time. Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can.

11. DISCLAIMERS

11.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND THEIR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THEM, INCLUDING AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE PRODUCTS OR THEIR CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PRODUCTS, OR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE PROVISION OF THE PRODUCTS. SUBJECT ALWAYS TO YOUR STATUTORY RIGHTS, WE DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCTS TO THE BROADEST EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, QUALITY, COMPLETENESS OR EXISTENCE OF THE CONTENT AND INFORMATION POSTED ON THE PRODUCTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, FOR TECHNICAL ACCESSIBILITY, FITNESS OR FLAWLESSNESS OF THE PRODUCTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THE PRODUCTS WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.

11.2. YOU ACKNOWLEDGE AND AGREE THAT SWORDSTEEL IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SWORDSTEEL LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, THIRD PARTY PLATFORMS, OR OTHER USERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. CERTAIN INFORMATION, INCLUDING INFORMATION REGARDING TRAIL CONDITIONS, HAS BEEN PROVIDED BY THIRD PARTIES, AND SWORDSTEEL IS NOT LIABLE FOR ANY INACCURACIES IN SUCH INFORMATION.

11.3. EXCEPT FOR SWORDSTEEL’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN SWORDSTEEL’S PRIVACY POLICY AND UNDER APPLICABLE PRIVACY LAWS, SWORDSTEEL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY MATERIALS (INCLUDING, BUT NOT LIMITED TO, YOUR USER MATERIALS), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

11.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWORDSTEEL MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND DATA PROVIDED THROUGH THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY TRIP OR POINTS OF INTEREST DATA, TRAIL ROUTES OR TRAIL CONDITIONS. ACTIVITIES ASSOCIATED WITH THE PRODUCTS CAN AT TIMES INVOLVE RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER DANGERS ASSOCIATED WITH SUCH ACTIVITIES. YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWORDSTEEL DISCLAIMS RESPONSIBILITY FOR ANY SUCH PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCTS. SWORDSTEEL IS NOT RESPONSIBLE FOR THE MISUSE OR MISREPRESENTATION OF THE INFORMATION AND/OR DATA PROVIDED THROUGH THE PRODUCTS, AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION AND/OR DATA IS THEREFORE STRICTLY AT YOUR OWN RISK.

11.5. WHEN YOU USE THE SWORDSTEEL PRODUCTS, YOU MAY FIND THAT ACTUAL REAL-WORLD CONDITIONS DIFFER FROM THE INFORMATION AND DATA PROVIDED THROUGH THE PRODUCTS. EXERCISE YOUR INDEPENDENT JUDGMENT AND USE THE PRODUCTS AT YOUR OWN RISK. YOU ARE RESPONSIBLE AT ALL TIMES FOR YOUR CONDUCT.

11.6. APPLICABLE CONSUMER LAWS IN YOUR COUNTRY OF RESIDENCE MAY NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS SET OUT THEREIN, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN PARTICULAR, IF YOU ARE A RESIDENT OF THE EEA OR THE UK, THE EXCLUSIONS OR LIMITATIONS SET OUT THEREIN ARE WITHOUT PREJUDICE TO YOUR CONSUMER RIGHTS AND STATUTORY WARRANTIES.

12. LIMITATION OF LIABILITY

12.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) WILL SWORDSTEEL PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES, INCLUDING COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER LOSS INCURRED BY YOU OR ANY OTHER THIRD PARTY IN CONNECTION WITH YOUR USE OF THE PRODUCTS, YOUR ORDERS, OR OTHERWISE, IN EACH CASE WHETHER OR NOT SWORDSTEEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWORDSTEEL PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCTS FOR ANY AMOUNT THAT EXCEEDS THE GREATER OF (i) THE AMOUNT PAID BY YOU TO SWORDSTEEL FOR ANY SWORDSTEEL PRODUCTS OR SUBSCRIPTIONS THAT GIVE RISE TO THE CLAIM OR (ii) ONE HUNDRED DOLLARS ($100).

12.2. THE LAWS IN SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET OUT THEREIN MIGHT NOT APPLY TO YOU. IN PARTICULAR, IF YOU HAVE YOUR HABITUAL RESIDENCE IN THE EEA OR THE UK, APPLICABLE PRIVACY AND CONSUMER LAWS MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SET OUT THEREIN, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12.3. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCTS.

12.4. THE LIMITATIONS SET FORTH HEREIN WILL SURVIVE TERMINATION OR EXPIRATION OF THESE TERMS AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

13. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Swordtseel and its directors, officers, members, investors, managers, employees and agents (the "Swordtseel Parties") from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, or your breach or violation of the law or of these Terms. Swordtseel reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate fully with Swordtseel’ defense of such claim. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

14. DIGITAL MILLENNIUM COPYRIGHT ACT

14.1. We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Products (including User Material) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. ou may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

14.2. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements.

14.3. If you feel that any Materials or User Material are infringing your copyright rights, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.

14.4. If you believe that your work has been copied and posted on the Products in a way that constitutes copyright infringement, please contact us with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

(g) You can reach us as follows:

By E-Mail: Subject line: DMCA

15.CONTACT

If you have any feedback, questions or comments about the Services, please contact our Support Team .