Terms and Conditions
This agreement was written in English (US).
Date of Last Revision: January 1, 2018.
This Terms and Conditions ("Statement") governs our relationship with users and others who interact with HikeTheIsland.com. By using or accessing HikeTheIsland.com, or participating at one of our events, you agree to this Statement.
WaiverBy using this site, or participating with Hike The Island in any way, you agree to all terms laid out in the waiver. We are a community-based web site with many user contributions. While we do our best to correct trail data on our web site, and maintain it, trails change year to year. Use the information and GPS logs on our web site only as a point of reference, and not as a fail-safe guide. Should you find an error, please contact us immediately with the correction. This includes trails that have been flagged as reality-checked by our staff.
Sharing Your Content and InformationYou own all of the content and information you post on HikeTheIsland.com. In addition:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with HikeTheIsland.com ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you click an advertisement, your content and information is shared with the partner. We require partners to respect your privacy, and your agreement with that partner will control how the web site can use, store, and transfer that content and information.
- When you publish content or information (ie. reviews, forum posts, hikes), it means that you are allowing everyone, including people off of HikeTheIsland.com, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about HikeTheIsland.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
SafetyWe do our best to keep HikeTheIsland.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on HikeTheIsland.com.
- You will not collect users' content or information, or otherwise access HikeTheIsland.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on HikeTheIsland.com.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party web site containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on HikeTheIsland.com without our prior written consent. If we consent, you take full responsibility for the promotion and all applicable laws.
- You will not use HikeTheIsland.com to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of HikeTheIsland.com, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
Registration and Account SecurityHikeTheIsland.com users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on HikeTheIsland.com, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use HikeTheIsland.com if you are under 18.
- You will not use HikeTheIsland.com if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page or web site you administer) to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's RightsWe respect other people's rights, and expect you to do the same.
- You will not post content or take any action on HikeTheIsland.com that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on HikeTheIsland.com if we believe that it violates this Statement.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, please contact us.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including HikeTheIsland.com, gps logs, trail information, event information, the HikeTheIsland.com Logos, and all other site content), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on HikeTheIsland.com.
- You will not tag users or send email invitations to non-users without their consent.
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on HikeTheIsland.com within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide all rights necessary to enable users to sync (including through a web site) their contact lists with any basic information and contact information that is visible to them on HikeTheIsland.com, as well as your name and profile picture.
PaymentsIf you make a payment on HikeTheIsland.com, you agree to allow us to retain all of the transaction information (excluding your credit card number).
Special Provisions Applicable to Operators of WebsitesIf you are a developer or operator of a website, the following additional terms apply to you:
Your access to and use of data you receive from HikeTheIsland.com, will be limited as follows:
- You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
- You will not include data you receive from us concerning a user in any advertising creative.
- You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
- We can limit your access to data.
- You will not give us information that you independently collect from a user or a user's content without that user's consent.
- You will make it easy for users to remove or disconnect from your web site.
- You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
- You will provide customer support for your web site.
- You will not show third party ads or web search boxes on HikeTheIsland.com.
- We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
- You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
- You will not misrepresent your relationship with HikeTheIsland.com to others.
- You may use the logos we make available to developers or issue a press release or other public statement as long as you receive written permission in advance.
- We can issue a press release describing our relationship with you.
You will comply with all applicable laws. In particular you will (if applicable):
- have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
- comply with the Video Privacy Protection Act ("VPPA"), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on HikeTheIsland.com. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
- We do not guarantee that the advertising platform will always be free.
- You give us the right to link to or frame your web site, and place content, including ads, around your advertisement.
- We can analyze your advertisement, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
- To ensure your web site and advertisement are safe for users, we can audit it.
- We can create web sites that offer similar features and services to, or otherwise compete with, your web site.
About Advertisements on HikeTheIsland.comOur goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
- You can use your privacy settings to limit how much of your profile may be associated with commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to AdvertisersYou can target your specific audience by buying ads on HikeTheIsland.com or our publisher network. The following additional terms apply to you if you place an order through our online advertising platform ("ORDER"):
- When you place an ORDER, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
- You will pay for your Orders on the due date specified on the invoice. The amount you owe will be calculated based on our tracking mechanisms.
- Your ads will comply with our advertising guidelines. Please contact us for more information.
- We will determine the size, placement, and positioning of your ads.
- We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
- We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
- You can cancel your Order at any time through our online platform, but it may take up to 24 hours before the ad stops running. You are responsible for paying for those ads.
- Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
- We can use your ads and related content and information for marketing or promotional purposes.
- You will not issue any press release or make public statements about your relationship with HikeTheIsland.com without written permission.
- We may reject or remove any ad for any reason.
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
- You warrant that you have the legal authority to bind the advertiser to this Statement.
- You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
- We can change this Statement if we provide you notice (by updating the date at the top of this page).
- For changes to sections relating to payments, website operators, and advertisers, we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice.
- We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice.
TerminationIf you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of HikeTheIsland.com to you. We will notify you by email or at the next time you attempt to access your account.
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or HikeTheIsland.com exclusively in a provincial or federal court located in Victoria. The laws of the Province of British Columbia will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Victoria, British Columbia for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on HikeTheIsland.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP HikeTheIsland.com UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING HikeTheIsland.com "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT HikeTheIsland.com WILL BE SAFE OR SECURE. HikeTheIsland.com IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR HikeTheIsland.com, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR HikeTheIsland.com WILL NOT EXCEED THE GREATER OF ONE CENT ($0.01) OR THE AMOUNT YOU HAVE PAID US IN THE PAST 24 HOURS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HikeTheIsland.com'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside CanadaWe strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside Canada:
- You consent to having your personal data transferred to and processed in the Canada.
- If you are located in a country embargoed by Canada you will not engage in commercial activities on HikeTheIsland.com (such as advertising or payments) or operate an advertisement campaign on this site.
- By "HikeTheIsland.com" we mean the features and services we make available, including through (a) our website at www.HikeTheIsland.com and any other HikeTheIsland.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our advertising platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "advertising platform" we mean the set of tools other users and website operators use to retrieve data from HikeTheIsland.com or provide data to us.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on HikeTheIsland.com that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from HikeTheIsland.com or provide to HikeTheIsland.com through our advertising platform.
- By "post" we mean post on HikeTheIsland.com or otherwise make available to us.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- If you are a resident of or have your principle place of business in the US or Canada, this Statement is an agreement between you and HikeTheIsland.com. References to “us,” “we,” and “our” mean HikeTheIsland.com, as appropriate.
- This Statement makes up the entire agreement between the parties regarding HikeTheIsland.com, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.