Effective Date: April 30, 2018
GoRock.com LLC ("GoRock") OWNS AND OPERATES THE WEBSITE LOCATED AT www.gorock.com ("SITE"). THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE SITE, USERS WHO USE SERVICES PROVIDED THROUGH THE SITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE SITE.
BY USING THIS SITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THIS SITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY GOROCK FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SIGNIFIES YOUR CONSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS SITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF SERVICE. IF THERE ARE SIGNIFICANT CHANGES TO THESE TERMS OF SERVICE, THE NEW EFFECTIVE DATE FOR THE CURRENT VERSION WILL BE POSTED AT THE TOP OF THIS PAGE.
1. THE SERVICES
The GoRock Services allow users to create, join and participate in activities created by other users of the Services ("Organizers"). Activities include creating painted rocks and hiding them in specific locations for other users to find and tracking rock locations and histories on the Site ("Activities"). Users may participate in activities according to their user status as a Site visitor who does not become a member, a user with a basic membership or premium membership (collectively "Users"). Activities may include submitting photos or videos, checking-in at specific locations, logging a rock’s travel history. Some Activities award Users with badges to acknowledge milestones and/or activities performed on the site. Activity participation may occur with closed user groups and/or the Internet community more generally through the Site (the "Service"). In order to access the Service and start creating or contributing with other Users, you must be a registered user and create a User account ("User"). The Service may be used from a mobile device, tablet or desktop computer.
2. CHILDREN UNDER 13
The Services are designed for general use but are not intended for children under the age of thirteen. If you are an Organizer organizing an Activity for individuals who are under the age of thirteen then you represent and covenant that: (i) no personal information regarding such individuals shall be uploaded into the service (whether through the creation of user accounts, uploaded User Content (as defined below) or otherwise); and (ii) you shall have obtained all the requisite consents required under applicable law in respect of the use of the Services from the parents or guardians of such individuals. If you are a User then you represent and warrant that you are over the age of thirteen, or are otherwise only using the Services in the manner specified above.
3. DISCLAIMER OF ACTIVITIES
ALL ACTIVITIES (INCLUDING WITHOUT LIMITATION ANY CONTENT, TASKS, EVENTS, LOCATIONS, LOCAL CONDITIONS AND CIRCUMSTANCES) ARE THE SOLE RESPONSIBILITY OF THE ORGANIZERS AND USERS. THIS MEANS THAT THE ORGANIZER, AND NOT GOROCK, IS ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES ORGANIZED BY THAT ORGANIZER, AND THE USER IS ENTIRELY RESPONSIBLE FOR PARTICIPATING IN THAT ACTIVITY AND ANY CONSEQUENCE THAT MAY ARISE FROM THEIR PARTICIPATION IN THAT ACTIVITY. GOROCK DOES NOT CONTROL OR ACTIVELY MONITOR ACTIVITIES AND, AS SUCH, DOES NOT GUARANTEE THE SAFETY, INTEGRITY, SUITABILITY OR QUALITY OF ANY SUCH ACTIVITY. USERS AND ORGANIZERS ACKNOWLEDGE THAT BY USING THE SERVICES, THEY MAY BE EXPOSED TO RISKS AND DANGERS, UNSUITABLE ACTIVITIES, AND OTHER CONSEQUENCES. UNDER NO CIRCUMSTANCES WILL GOROCK BE LIABLE IN ANY WAY FOR ANY ACTIVITIES OR ANY CONSEQUENCES ARISING FROM SUCH ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY ACTIVITIES, OR FOR ANY OFFENSE, INJURY, DEATH, LOSS OR DAMAGE (WHETHER DIRECT OR INDIRECT) OF ANY KIND INCURRED OR SUFFERED AS A RESULT OF PARTICIPATING IN ANY ACTIVITY MADE AVAILABLE VIA THE SERVICES. FURTHER DISCLAIMERS ARE SETFORTH BELOW.
All information, data, text, software, music, sound, photographs, graphics, designs, paintings, video, messages or other materials, whether publicly posted or privately transmitted to the Site by Organizers or Users whether in Activities or otherwise ("User Content"), is the sole responsibility of such Organizers or Users. This means that the Organizer or User, and not GoRock, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Services. GoRock does not control or actively monitor User content and, as such, does not guarantee the accuracy, integrity, suitability or quality of such content. Users and Organizers acknowledge that by using the Services, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will GoRock be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Services.
5. RESTRICTIONS ON USER CONTENT AND USE OF THE SERVICES
GoRock reserves the right at all times (but has no obligation) to remove or refuse to distribute any User Content and to terminate Organizers or Users use of the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of our Users and the public.
In using the Services You shall not:
- Use the Services other than as permitted by the type of subscription which you have subscribed for, as further described at the time of membership registration;
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- i is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- ii you do not have a right to make available under any law or under a contractual relationship;
- iii infringes any patent, trademark, trade secret, copyright or other proprietary right of any party (including privacy rights);
- iv is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- v contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Site or that of any Users or visitors of the Site or that compromises a User’s or visitor’s privacy; or
- vi contains any falsehoods or misrepresentations or creates an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Site or impersonate another person or organization;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other Users or visitors;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or App; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or any software provided as part of the Site, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Site in a manner that utilizes the resources of the Site more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Site.
6. CONTENT LICENSE
By submitting, posting or displaying User Content on or through the Services, you grant us (and our agents) a non-exclusive, royalty-free, world-wide, perpetual license (with the right to sublicense) to use, copy, modify, publish, transmit, display, distribute and create derivative works of such User Content to the extent required to provide the Services. GoRock is not responsible or liable for any use of User Content in accordance with these Terms of Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights licensed herein to any User Content that you submit.
7. END USER LICENSE
Except for User Content, this Site, and the information and materials that it contains, are the property of GoRock and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, GoRock grants you a non-transferable, non-exclusive, license to use the Site for your non-commercial use (the "License"). Nothing in this Agreement gives you a right to use the GoRock names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Site. Any future release, update, or other addition to functionality of the Site will be subject to this Agreement.
8. PAYMENT TERMS
Payment & Charges. Your access to and use of the Services may, depending on the type of membership selected, be subject to your payment of the applicable fees due for the Services selected by You ("Fees") set out on the Site and all other applicable amounts, charges and taxes indicated to you when you purchase Services (or otherwise notified to you by GoRock from time to time) when you use the Services are viewable in your User account profile. Unless otherwise stated, all invoiced amounts are due 30 days following receipt through third party service providers. Receipts for purchased Services will be delivered to you electronically. You shall: (i) keep the billing, credit card and payment information you provide to GoRock or its service providers or payment processors, including name, credit card number and expiry date, mailing address, email address and telephone number, accurate and up to date; otherwise, we may suspend the Services; (ii) promptly advise GoRock if your credit card information changes due to loss, theft, cancellation or otherwise; (iii) be liable for your failure to pay any Fees billed to you by GoRock caused by your failure to provide GoRock with up to date billing information.
If you provide GoRock with any suggestions, comments or other feedback relating to any aspect of the Site and/or Services ("Feedback"), GoRock may use such Feedback in the Site or in any other third party sites. Accordingly, you agree that: (a) GoRock is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to GoRock, (c) GoRock (including all of its successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any manner, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from GoRock or any of the other Users of the Site in respect of the Feedback.
10. LINKS AND TO THIRD PARTY WEBSITES
This Site (including User Content) may contain links to other websites that are not owned or controlled by GoRock. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by GoRock of that third party, third party product or service. GoRock is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Site are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Site of a link to any other website(s) does not imply that GoRock endorses or accepts any responsibility for the content or use of such websites, and you hereby release GoRock from all liability and/damages that may arise from your use of such websites or receipt of products or services from any such websites.
11. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
THE SITE AND SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." GOROCK SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. GOROCK DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR IN RESPECT TO ANY SITE THAT CAN BE REACHED FROM A LINK ON THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE, AND GOROCK SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. GOROCK WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SITE AND/OR SERVICES.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GOROCK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS SITE OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITE/SERVICES, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE AND/OR SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF GOROCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOROCK’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID GOROCK IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SHALL INDEMNIFY AND HOLD GOROCK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SITE AND/OR SERVICES AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE.
GoRock may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Site or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of SERVICE or any other agreement that You may have with GoRock (including, without limitation, non-payment of any fees owed in connection with the Site or otherwise owed by You to GoRock), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Site may also include removal of some or all of the materials uploaded by You to the Site. You acknowledge and agree that all terminations may be made by GoRock in its sole discretion and that GoRock is not liable to You or any third-party for any termination of Your access to this Site or for the removal of any of the materials uploaded by You to the Site. Any termination of these Terms of Service by GoRock shall be in addition to any and all other rights and remedies that GoRock may have.
15. AVAILABILITY AND UPDATES
GoRock may alter, suspend, or discontinue this Site at any time and for any reason or no reason, without notice. The Site and/or Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. GoRock may periodically add or update the information and materials on this Site without notice.
Information sent or received over the Internet is generally unsecure and GoRock cannot and does not make any representation or warranty concerning security of any communication to or from the Site or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. GoRock will not be liable for any loss or damage arising from your failure to comply with these requirements.
17. DIGITAL MILLENNIUM COPYRIGHT ACT.
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to Provider’s Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE DESIGNATED AGENT THAT YOUR COPYRIGHTED USER CONTENT MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification ("Notification") must be submitted to the following Designated Agent:
P.O. Box 24305, Cleveland, Ohio 44124
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity, including information about where the material which you claim is infringing is located on the App sufficient to allow us to locate the material;
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
- your address, telephone number, and e-mail address;
- A 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; and
- 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.
If you have any questions about these Terms of Service or if you wish to make any complaint or claim with respect to the Site or Services, please contact us at: [email protected]