You participate and comment on our site at your own risk. We cannot be responsible for any harm or damages caused to you from your use of the site.
By accessing the site, you agree:
i. you are over the age of 13
ii. Your posts won’t contain any language or material that is abusive, insulting, vulgar, threatening, hateful, harassing, obscene, racist, sexually explicit or otherwise objectionable
iii. You won’t interfere with anyone else’s use or enjoyment of the site
iv. You agree to only post comments and messages once
v. Your posts won’t contain any inappropriate advertising or solicitations
vi. Your posts won’t violate any laws or the legal rights of others
vii. You won’t use any data gathering or extraction methods to catalog, download or otherwise reproduce, store or distribute the content of the site
viii. You won’t transmit any software or other material that contains a virus or other harmful component
We do not claim any ownership rights in your User Content. You represent and warrant that you own the User Content posted by you or that you otherwise have the right to grant us the licenses and rights below without violating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.
After posting User Content to our site you continue to have the same rights in such User Content that you had before you posted the User Content to our site and you can continue to use your User Content in any way you choose.
When you post any User Content on or through our site you hereby give us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify and distribute your User Content through any media now known or developed in the future.
As part of our non-exclusive license you agree that other users of our site may re-post your User Content on our site and other websites provided that such use is for non-commercial purposes only.
We need these licenses so we can produce our site and our publications. If you remove your User Content from our site, the licenses granted hereunder will terminate, except as to any User Content that we have sublicensed prior to your removal of your User Content. To remove User Content, please send a request to Nicholas@TimetoClimb.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on our site. We will endeavor to remove the item(s) as quickly as possible.
We will use our best efforts to make sure the photographs used on our site or in any of our publications will include attribution to the photographer and/or copyright holder.
Anything you post, share, send or submit to the site is “User Content”. User Content includes (but is not limited to) comments, photographs, articles, videos, and links. We are a distributor (and not a publisher) of User Content. User Content does not reflect our opinions or views. Although we may monitor the site, we do not review all User Content. We do not endorse any User Content and make no warranties, whether express or implied, as to the accuracy, integrity or quality of any User Content. Under no circumstances will we be liable in any way for User Content, including, but not limited to, any errors or omissions in any User Content or any loss or damage of any kind incurred as a result of the use of or reliance on any User Content.
Please choose carefully the User Content that you upload to, submit to, or embed on our site. You are responsible for your User Content and for any liability that may result from the User Content you post.
Any User Content you leave on our site becomes public. We are not responsible for personal information you choose to include in your User Content. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post and have no control over how such third parties may use your information. You disclose such information at your own risk.
Restrictions on Use of Site Content
Our trademarks and service marks, along with our trade names, (collectively, the “Marks”) are our property. Additionally, other content found on our site, including, but not limited to, text, postings, photographs, video, information, art, graphics, music, sound and other files, and their selection and arrangement (collectively, the “Site Content”) is our property and/or the property of its respective owners. Unless noted otherwise, you may access the site, the site Content and the Marks for your personal and noncommercial use only. You will not acquire any ownership rights by downloading the Site Content. Any unauthorized use of the Site Content may violate applicable laws, including copyright and trademark laws.
Links to Third-Party sites
The site may contain links to other sites (“Third-Party sites”) containing content, goods, services, and applications not owned by us (collectively, “Third-Party Content”). We do not control and are not responsible for the Third-Party sites or Third-Party Content.
We respect the intellectual property rights of others, and we prohibit users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party’s intellectual property rights. However, material is posted on the site by third parties not within our control, and we are under no obligation to and do not review all content on the site for the inclusion of illegal or impermissible content. However, it is our policy not to permit material known by us to infringe another party’s copyright to remain on the site. In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable law, we will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement. Further, we will terminate, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers.
If you believe any material on the site infringes a copyright, you should provide us with written notice.
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE, NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS, WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE, NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS, WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, SERVICE OR STATEMENT ON THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND, IF APPLICABLE LAW PERMITS, EVEN IF DUE TO OUR OR OUR LICENSORS’ OR SUPPLIERS’ NEGLIGENCE. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
We control and operate the site from our offices in the United States. We do not represent that materials on the site are appropriate or available for use in other locations. People who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.