Terms and Conditions
Welcome to ClimbFinder! These terms and conditions outline the rules and regulations for the use of ClimbFinder’s website and app. By accessing this website and/or using our app, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or our app.
1. License to Use Website and App
Unless otherwise stated, ClimbFinder and/or its licensors own the intellectual property rights for all material on ClimbFinder. All intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- Republish material from this website or app (including republication on another website or app);
- Sell, rent, or sub-license material from the website or app;
- Show any material from the website or app in public;
- Reproduce, duplicate, copy, or otherwise exploit material on our website or app for a commercial purpose;
- Edit or otherwise modify any material on the website or app;
- Redistribute material from this website or app (except for content specifically and expressly made available for redistribution).
2. Acceptable Use
You must not use this website or app in any way that causes, or may cause, damage to the website or app or impairment of the availability or accessibility of the website or app; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use this website or app to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website or app without ClimbFinder’s express written consent.
3. User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website or app, for whatever purpose.
You grant to ClimbFinder a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to ClimbFinder the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ClimbFinder or a third party (in each case under any applicable law).
You must not submit any user content to the website or app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
ClimbFinder reserves the right to edit or remove any material submitted to this website or app, or stored on ClimbFinder’s servers, or hosted or published upon this website or app.
Notwithstanding ClimbFinder’s rights under these terms and conditions in relation to user content, ClimbFinder does not undertake to monitor the submission of such content to, or the publication of such content on, this website or app.
4. No Warranties
This website and app are provided “as is” without any representations or warranties, express or implied. ClimbFinder makes no representations or warranties in relation to this website or app or the information and materials provided on this website or app.
Without prejudice to the generality of the foregoing paragraph, ClimbFinder does not warrant that:
- This website or app will be constantly available, or available at all; or
- The information on this website or app is complete, true, accurate, or non-misleading.
Nothing on this website or app constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
5. Limitations of Liability
ClimbFinder will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website or app:
- To the extent that the website or app is provided free-of-charge, for any direct loss;
- For any indirect, special, or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if ClimbFinder has been expressly advised of the potential loss.
6. Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ClimbFinder’s liability in respect of any:
- Death or personal injury caused by ClimbFinder’s negligence;
- Fraud or fraudulent misrepresentation on the part of ClimbFinder; or
- Matter which it would be illegal or unlawful for ClimbFinder to exclude or limit, or to attempt or purport to exclude or limit, its liability.
7. Reasonableness
By using this website or app, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website or app.
8. Other Parties
You accept that, as a limited liability entity, ClimbFinder has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ClimbFinder’s officers or employees in respect of any losses you suffer in connection with the website or app.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ClimbFinder’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as ClimbFinder.
9. Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
10. Indemnity
You hereby indemnify ClimbFinder and undertake to keep ClimbFinder indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by ClimbFinder to a third party in settlement of a claim or dispute on the advice of ClimbFinder’s legal advisers) incurred or suffered by ClimbFinder arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
11. Breach of Terms and Conditions
Without prejudice to ClimbFinder’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ClimbFinder may take such action as ClimbFinder deems appropriate to deal with the breach, including suspending your access to the website or app, prohibiting you from accessing the website or app, blocking computers using your IP address from accessing the website or app, contacting your internet service provider to request that they block your access to the website or app and/or bringing court proceedings against you.
12. Assignment
ClimbFinder may transfer, sub-contract, or otherwise deal with ClimbFinder’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.
13. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Entire Agreement
These terms and conditions, together with ClimbFinder’s Privacy Policy, constitute the entire agreement between you and ClimbFinder in relation to your use of this website and app, and supersede all previous agreements in respect of your use of this website and app.
15. Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of [Your Jurisdiction], and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of [Your Jurisdiction].
16. Modifications
ClimbFinder may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website and app from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
17. Contact Information
If you have any questions about these Terms and Conditions, please contact us at [Your Contact Email].