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Terms & Conditions

AdventureJourney.net Terms of Use Agreement

August 9, 2007

AdventureJourney.net is an adventure travel and social networking service and that allows Members to create unique personal profiles online in order to, among other things, connect with fellow travelers and like-minded adventurers. The services offered by AdventureJourney.net ("Adventure Journey" or "we") include the AdventureJourney.net website (the "Adventure Journey Website"), the website's magazine (Adventure Journey: The Extreme Vacationer's Handbook), and any other features, content, or applications offered from time to time byAdventureJourney.net in connection with the Adventure Journey Website (collectively, the "Adventure Journey Services"). The Adventure Journey Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Adventure Journey Services. By using the Adventure Journey Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Adventure Journey Website) or you are a "Member" (which means that you have registered with AdventureJourney.net). The term "User" refers to a Visitor or a Member. You are only authorized to use the Adventure Journey Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Adventure Journey Website and discontinue use of the Adventure Journey Services immediately. If you wish to become a Member, communicate with other Members, and make use of the Adventure Journey Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes AdventureJourney.net's policy for acceptable use of the Adventure Journey Services and Content posted on the Adventure Journey Website, your rights, obligations, and restrictions regarding your use of the Adventure Journey Services and AdventureJourney.net's Privacy Policy. In order to participate in certain Adventure Journey Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Adventure Journey Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

AdventureJourney.net may modify this Agreement from time to time and such modification shall be effective upon posting by AdventureJourney.net on the Adventure Journey Website. You agree to be bound to any changes to this Agreement when you use the Adventure Journey Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on AdventureJourney.net and that you provide to other Users. Your AdventureJourney.net profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other AdventureJourney.net Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive, or sexually explicit material, products, or services, and AdventureJourney.net assumes no responsibility or liability for this material. If you become aware of misuse of the Adventure Journey Services by any person, please contact Adventure Journey or click on the "Report Inappropriate Content" link at the bottom of any AdventureJourney.net page.

AdventureJourney.net reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Adventure Journey Services at any time, for any or no reason, with or without prior notice, and without liability. Adventure Journey expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Adventure Journey Services if Adventure Journey determines, in its sole discretion, that you pose a threat to Adventure Journey and/or its Users.

  1. Eligibility. Use of and Membership in the Adventure Journey Services is void where prohibited. By using the Adventure Journey Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Adventure Journey Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the Adventure Journey Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. AdventureJourney.net may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
  3. Fees. You acknowledge that AdventureJourney.net reserves the right to charge for the Adventure Journey Services and to change its fees from time to time in its discretion. If AdventureJourney.net terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify AdventureJourney.net immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Non-commercial Use by Members. The Adventure Journey Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by AdventureJourney.net. Illegal and/or unauthorized use of the Adventure Journey Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Adventure Journey Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Adventure Journey Services.
  6. Proprietary Rights in Content on AdventureJourney.net.
    1. You shall be solely responsible for your own Member Content and the consequences of posting or publishing them. In connection with Member Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize AdventureJourney.net to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Content to enable inclusion and use of the Member Content in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your Member Content. However, by submitting Member Content to AdventureJourney.net, you hereby grant AdventureJourney.net a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Member Content in connection with the Adventure Journey Website and Adventure Journey's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Adventure Journey Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Adventure Journey Website a non-exclusive license to access your Member Content through the Website, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your Member Content from AdventureJourney.net. You understand and agree, however, that AdventureJourney.net may retain, but not display, distribute, or perform, server copies of Member Content that has been removed or deleted. The above licenses granted by you are perpetual and irrevocable.
    2. You represent and warrant that: (i) you own the Content posted by you on or through the Adventure Journey Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Adventure Journey Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Adventure Journey Services.
    3. The Adventure Journey Services contain Content of AdventureJourney.net ("AdventureJourney.net Content"). AdventureJourney.net Content is protected by copyright, trademark, patent, trade secret and other laws, and AdventureJourney.net owns and retains all rights in the AdventureJourney.net Content and the Adventure Journey Services. AdventureJourney.net hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the AdventureJourney.net Content (excluding any software code) solely for your personal use in connection with viewing the Adventure Journey Website and using the Adventure Journey Services.
    4. The Adventure Journey Services contain Content of Users and other AdventureJourney.net licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Adventure Journey Services.
  7. Content Posted.
    1. AdventureJourney.net may delete any Content that in the sole judgment of AdventureJourney.net violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. AdventureJourney.net assumes no responsibility for monitoring the Adventure Journey Services for inappropriate Content or conduct. If at any time AdventureJourney.net chooses, in its sole discretion, to monitor the Adventure Journey Services, AdventureJourney.net nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the Adventure Journey Services, and any material or information that you transmit to other Members and for your interactions with other Users. AdventureJourney.net does not endorse and has no control over the Content. Content is not necessarily reviewed by AdventureJourney.net prior to posting and does not necessarily reflect the opinions or policies of AdventureJourney.net. AdventureJourney.net makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
  8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Adventure Journey Services. AdventureJourney.net reserves the right to investigate and take appropriate legal action against anyone who, in AdventureJourney.net's sole discretion, violates this provision, including without limitation, removing the offending communication from the Adventure Journey Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of AdventureJourney.net:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18;
    6. provides any telephone numbers, street addresses, last names, URLs or email addresses of anyone under 18;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
    9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
      1. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
      2. includes a photograph of another person that you have posted without that person's consent.
    The following is a partial list of the kind of activity that is illegal or prohibited on the Adventure Journey Website and through your use of the Adventure Journey Services. AdventureJourney.net reserves the right to investigate and take appropriate legal action against anyone who, in AdventureJourney.net's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    2. ascertain. As a reasonable estimation of such harm, you agree to pay AdventureJourney.net $50 for each such unsolicited email or other unsolicited communication you send through the Adventure Journey Services;
    3. covering or obscuring the banner advertisements on your personal profile page, or any AdventureJourney.net page via HTML/CSS or any other means;
    4. any automated use of the system, such as using scripts to add friends or send comments or messages;
    5. interfering with, disrupting, or creating an undue burden on the Adventure Journey Services or the networks or services connected to the Adventure Journey Services;
    6. attempting to impersonate another Member or person;
    7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    8. selling or otherwise transferring your profile;
    9. using any information obtained from the Adventure Journey Services in order to harass, abuse, or harm another person;
    10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Adventure Journey Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
    11. using the Adventure Journey Services in a manner inconsistent with any and all applicable laws and regulations.
  9. Copyright Policy. You 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 the policy of AdventureJourney.net to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to AdventureJourney.net by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Adventure Journey Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Adventure Journey Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. AdventureJourney.net's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Adventure Journey, LLC, 8714 Gilly Way, Randallstown, MD 21133; email: copyrightagent@adventurejourney.net.
  10. Member Disputes. You are solely responsible for your interactions with other AdventureJourney.net Members. AdventureJourney.net reserves the right, but has no obligation, to monitor disputes between you and other Members.
  11. Privacy. Use of the Adventure Journey Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  12. Disclaimers. AdventureJourney.net is not responsible for any incorrect or inaccurate Content posted on the Adventure Journey Website or in connection with the Adventure Journey Services, whether caused by Users of the Adventure Journey Services or by any of the equipment or programming associated with or utilized in the Adventure Journey Services. Profiles created and posted by Members on the Adventure Journey Website may contain links to other websites. AdventureJourney.net is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by AdventureJourney.net. Inclusion of any linked website on the Adventure Journey Services does not imply approval or endorsement of the linked website by AdventureJourney.net. When you access these third-party sites, you do so at your own risk. AdventureJourney.net takes no responsibility for third party advertisements which are posted on this Adventure Journey Website or through the Adventure Journey Services, nor does it take any responsibility for the goods or services provided by its advertisers. AdventureJourney.net is not responsible for the conduct, whether online or offline, of any User of the Adventure Journey Services. AdventureJourney.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. AdventureJourney.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Adventure Journey Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Adventure Journey Services. Under no circumstances shall AdventureJourney.net be responsible for any loss or damage, including personal injury or death, resulting from use of the Adventure Journey Services, attendance at an AdventureJourney.net event, from any Content posted on or through the Adventure Journey Services, or from the conduct of any Users of the Adventure Journey Services, whether online or offline. The Adventure Journey Services are provided "AS-IS" and as available and AdventureJourney.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AdventureJourney.net cannot guarantee and does not promise any specific results from use of the Adventure Journey Services.
  13. Limitation on Liability. IN NO EVENT SHALL ADVENTUREJOURNEY.NET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVENTUREJOURNEY.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ADVENTUREJOURNEY.NET'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ADVENTUREJOURNEY.NET FOR THE ADVENTURE JOURNEY SERVICES DURING THE TERM OF MEMBERSHIP.
  14. U.S. Export Controls. Software available in connection with the Adventure Journey Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Adventure Journey Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  15. Disputes. If there is any dispute about or involving the Adventure Journey Services, you agree that the dispute shall be governed by the laws of the State of Utah, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Utah, City of Salt Lake. Either AdventureJourney.net or you may demand that any dispute between AdventureJourney.net and you about or involving the Adventure Journey Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Salt Lake City, Utah, USA, provided that the foregoing shall not prevent AdventureJourney.net from seeking injunctive relief in a court of competent jurisdiction.
  16. Indemnity. You agree to indemnify and hold AdventureJourney.net, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Adventure Journey Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Adventure Journey Website or through the Adventure Journey Services causes AdventureJourney.net to be liable to another.
  17. Other. This Agreement is accepted upon your use of the Adventure Journey Website or any of the Adventure Journey Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and AdventureJourney.net regarding the use of the Adventure Journey Services. The failure of AdventureJourney.net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. AdventureJourney.net is a trademark of Adventure Journey, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Contact Adventure Journey with any questions regarding this Agreement.