TERMS OF SERVICE
These Terms of Service were last revised on: 07 May 2022
I. Contract Agreement and Eligibility
1 You may use parts our apps, services and websites only if you agree to form a binding contract with the Avalanche Riders project and are not a person barred from receiving services under the laws of the applicable jurisdiction.
2 In any case, you must be at least 13 years old to use our apps, services and websites. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use our apps, services and websites with permission from your parent or legal guardian.
3 If you are accepting these Terms and using our apps, services and websites on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
III. Acceptable Use of Our Apps, Services and Websites
1 You are responsible for your use of the apps, services and websites and for any content you provide, including compliance with applicable laws, rules, and regulations.
2 Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use our apps, services and websites you must not
a violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
b post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
c send unsolicited or unauthorized advertising or commercial communications, such as spam;
d engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our apps, services and websites;
e transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
f stalk, harass, or harm another individual;
g impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
h use any means to scrape or crawl any web pages contained in the apps, services and websites;
i attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the apps, services and websites;
j attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the apps, services and websites;
k advocate, encourage, or assist any third party in doing any of the foregoing.
IV. User Content
1 Whenever providing content is possible, especially when fulfilling tasks in the «Help, Earn, Win!» web app, you act at your own risk.
2 Some of our apps and services, like the «Help, Earn, Win!» web app, allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.
3 When you upload, submit, store, send, or receive User Content to or through beforementioned apps or services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the apps or services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the apps or services, and to develop new apps or services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the apps or services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using apps or services.
4 You promise that:
a you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
b your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
5 We may refuse to accept or transmit User Content for any reason. We reserve the right to remove content for any reason. We will especially enforce this for content that contains any type of copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, racism, xenophobia, harrassement based on gender or sexual orientation or any other kind of harrassement.
V. Changes to the Apps, Services and Websites
1 Our apps, services and websites evolve constantly. As such, the apps, services and websites may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the apps, services and websites or any features within the apps, services and websites to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time.
2 We may also remove or refuse to distribute any content as described in the preceeding paragraph on our apps, services and websites, limit distribution or visibility of any content on the apps, services and websites, suspend or terminate users, and reclaim usernames without liability to you.
VI. Your License
1 Avalanche Riders gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the apps, services and websites. This license has the sole purpose of enabling you to use and enjoy the benefit of the apps, services and websites as provided by Avalanche Riders, in the manner permitted by these Terms.
2 Nothing in the Terms gives you a right to use the Avalanche Riders name or any of the Avalanche Riders trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the apps, services and websites (excluding content provided by users) are and will remain the exclusive property of Avalanche Riders and its licensors. Any feedback, comments, or suggestions you may provide regarding Avalanche Riders, or the apps, services and websites is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
VIII. Termination of These Terms
1 You may end your legal agreement with Avalanche Riders at any time by contacting us on firstname.lastname@example.org or by sending us a direct message on Twitter. By doing so we will delete all data our apps, services and websites have stored from you within 30 days.
2 We may suspend or terminate your access or cease providing you with all or part of our apps, services and websites at any time for any or no reason, including, but not limited to, if we reasonably believe:
a you have violated these Terms,
b you create risk or possible legal exposure for us, or
c your account should be removed due to unlawful conduct.
IX. Limitations of Liability
If you live outside the European Union, EFTA States, or the United Kingdom, including if you live in the United States, subsection IX.1 applies to you. You only need to read subsection IX.1 as it is the only one of your concern.
If you live in the European Union, EFTA States, or the United Kingdom, subsection IX.2 applies to you. You only need to read subsection IX.2 as it is the only one of your concern.
1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AVALANCHE RIDERS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPS, SERVICES AND WEBSITES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPS, SERVICES AND WEBSITES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE APPS, SERVICES AND WEBSITES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE AVALANCHE RIDERS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID AVALANCHE RIDERS, IF ANY, IN THE PAST SIX MONTHS FOR THE APPS, SERVICES AND WEBSITES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE AVALANCHE RIDERS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2 By using the apps, services and websites you agree that Avalanche Riders, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.
1 We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at avalancheriders.com/tos, will govern our relationship with you. We will try to notify you of material revisions, for example via a notification on our website or a post on our Twitter feed. By continuing to access or use the apps, services and websites after those revisions become effective, you agree to be bound by the revised Terms.
2 The laws of Switzerland, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Avalanche Riders. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Switzerland, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
3 In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. The Avalanche Riders projects’ failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and the Avalanche Riders project. If you have any questions about these Terms, please contact us.
Effective: 07 May 2022