The Active Place - Terms and Conditions

These terms and conditions outline the rules and regulations for the use of The Active Place's Website. This Website is provided solely to assist customers in gathering action sports related information, posting opinions of sport related locations and issues, and searching action sports locations, and for no other purposes.

The terminology "Users", “Partners”, “You” and “Your” refers to the customer visiting the Website and/or contributing content on this Website. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to The Active Place. This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below. By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. By accessing this website we assume you accept these terms and conditions in full.  If you do not accept all of these terms and conditions you are not authorized to use this Website.

Use of this Website

As a condition of your use of this Website, you warrant that:

  1. all information supplied by you on this Website is true, accurate, current and complete,

  2. if you have an The Active Place account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you,

  3. you are 16 years of age or older in order to register for an account and contribute to our Website

The Active Place does not knowingly collect the information of anyone under the age of 16. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Copying, reproduction, republication, or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of The Active Place.

Users of the Website will not incur any charges for using the Website in accordance with these Terms and Conditions. However, the Website contains links to third-party websites which are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on the website. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where The Active Place provides details of charges on the Website, such information is provided for convenience and information purposes only. The Active Place in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites.

Prohibited activities

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.

Additionally, you agree not to:

  1. use this Website and/or it’s content for commercial purposes;

  2. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

  3. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

  4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

  5. deep-link to any portion of this Website for any purpose without our express written permission;

  6. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization; or

  7. attempt to modify, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Active Place in connection with the Website or the services.

Cookies

We employ the use of cookies. By using The Active Place's website you consent to the use of cookies in accordance with The Active Place’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

Contributing to the site

You agree that all of your contribution to the site is your own work. You license us the non-exclusive, perpetual, irrevocable, royalty-free, worldwide rights to reproduce, communicate, edit, store, adapt or otherwise use any content you upload to the site, including any feedback that you submit through the site, via third party applications available through the site, on the site and in our other products (your content). This includes the right to sublicense to others at our discretion.

You also consent to your content being altered, edited or adapted for such uses, or to ensure your content does not infringe these terms or breach the law, as we see fit. Although we generally attribute you as the author, it's not always possible. So you consent to us not attributing authorship to you, or only attributing your First Name. You must ensure that your content does not contain anything that breaches any laws or rights.

If you would like to include someone else's copyright material, trademark or other intellectual property in your content you must first obtain and keep their written permission.

User Reviews

  1. This Agreement shall begin on the date hereof.

  2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Reviews') in areas of the website. The Active Place does not edit or publish Reviews prior to their appearance on the website and Reviews do not reflect the views or opinions of The Active Place, its agents or affiliates. Reviews reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws The Active Place shall not be responsible or liable for the Reviews or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Reviews on this website.

  3. The Active Place reserves the right to monitor all Reviews and to remove any Reviews which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

  4. You warrant and represent that:

    1. You are entitled to post the Reviews on our website and have all necessary licenses and consents to do so;

    2. The Reviews do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

    3. The Reviews do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy

    4. The Reviews will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

  5. You hereby grant to The Active Place a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Reviews in any and all forms, formats or media.

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:

    1. Government agencies;

    2. Search engines;

    3. News organizations;

    4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Websites of other listed businesses; and

    5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

  2. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

  3. We may consider and approve in our sole discretion other link requests from the following types of organizations:

    1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;

    2. dot.com community sites;

    3. associations or other groups representing charities, including charity giving sites,

    4. online directory distributors;

    5. internet portals;

    6. accounting, law and consulting firms whose primary clients are businesses; and

    7. educational institutions and trade associations.

  4. We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of The Active Place; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to hello@theactiveplace.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or

  2. By use of the uniform resource locator (Web address) being linked to; or

  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of (cname)’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;

  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or

  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Privacy Policy

The Active Place believes in protecting your privacy. Any personal information you post on the Website will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.

Contacting Us

If there are any questions regarding these Terms and Conditions you may contact us using the information below:

www.theactiveplace.com/contact

hello@theactiveplace.com

 

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