Easy 2 Hike - Terms of Service (Parks)
EASY2HIKE INC. (“Easy2Hike”, or “us”, “our”, “we”) provides a proprietary real-time nature park hiking application (the “Application”) available for download from app stores and a web application with an interactive capability, providing parks with visitor behavior data and allowing them to provide content that will, through the Application, facilitate a navigation solution for visitors to the park (all together, the “Service”) available at corp.easy2hike.com (the “Site”). These Terms of Service (“Terms”) govern your access and use of the Service. “You” or “Your” or “Park” means any park or other entity which operates an area in relation to which an end user may potentially use the Service.
Use of Service
Easy2Hike allows you to access and use the Service to upload content about your park in order to create a customized Application through which you will be able to provide information about the Park to your end users, while obtaining certain information about end users using the Service in your Park, subject to the terms and conditions of these Terms. We may allow you to send push notifications to your end users by means of the Service.
Use of and access to the Service is void where prohibited. By using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) any and all information you submit about the Park is truthful and accurate and will be kept updated, and (d) your use of the Service does not violate any applicable law or regulation or any obligation you may have to a third party.
You acknowledge that Easy2Hike may, in its sole discretion and at any time, modify the Application and/or discontinue providing the Service or any part thereof without notice. Easy2Hike has no obligation to maintain or support the Application or provide updates in respect thereof.
You may register to make information about your Park available to Easy2Hike end users by providing the requested information. We may change the method of registration at our discretion. Easy2Hike reserves the right to refuse to allow any Park to open an account for any reason at its sole discretion. You agree that you will supply accurate and complete information to us in the creation of your account and the use of the Service, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date.
You shall ensure that only authorized representatives of the Park have access to your account and that only such representatives who are sufficiently competent to do so will be entrusted to provide and update information about the Park to be made available to end users of the Service. You are fully and solely responsible for the security of your computer system, mobile devices and all activity on your account, even if such activities were not committed by you. We may terminate your use of the Service if your account is used inappropriately, is consistently inaccurate, if anyone using your account violates these Terms, or for any other reason we deem appropriate. You agree to immediately notify us of any unauthorized use of your account. Easy2Hike will not be liable for any losses or damage arising from unauthorized use of the Service, and you agree to indemnify and hold Easy2Hike harmless for any improper or illegal use of the Service, and any charges and taxes incurred, unless you have notified us via e-mail at firstname.lastname@example.org.
Termination of Use
You agree that Easy2Hike may for any reason, in its sole discretion terminate your account and/or use of the Service upon provision of one week’s notice. Any rights, obligations and duties which by their nature extend beyond the expiration or termination of these Terms, shall survive any expiration or termination hereof.
If Easy2Hike believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. Any suspension, termination, or cancellation of your account shall not affect your obligations to Easy2Hike and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Parks can terminate their accounts at any time by notifying us via e-mail at email@example.com. Following cancellation by a Park, the Park will have no access to its account or its Park Content. We may continue to make Park Content available to end users following cancellation unless the Park specifically requests that its Park Content be removed and/or deleted.
No fees paid or due payable for use of the Service will be refunded or cancelled upon termination of an account.
You will make certain types of content available through the Service to end users (“Park Content”). You are fully and solely responsible for any and all Park Content you submit or post by means of the Service, and represent and warrant that such Park Content (a) complies with all applicable law, does not infringe third party moral or privacy rights and does not infringe third party intellectual property rights, (b) does not contain any defamatory, libelous, vulgar, obscene or otherwise offensive content, (c) complies with applicable law and (d) is accurate and up-to-date. Easy2Hike has no obligation to accept, display, review or maintain any Park Content. Moreover, Easy2Hike reserves the rights to remove and permanently delete any Park Content without notice and for any reason. Any posted or submitted Park Content shall not be considered confidential and may be disseminated by Easy2Hike without any compensation to you. Park Content you provide will be made available to the public including, but not limited to, all end users of the Service.
Easy2Hike may choose at its sole discretion to monitor Park Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Easy2Hike reserves the right to treat Park Content as content stored at the direction of users for which Easy2Hike will not exercise editorial control except when violations are directly brought to Easy2Hike’s attention. Easy2Hike has the right to edit, delete, distort or remove Park Content from the Service without notice for any reason at any time.
Certain features and/or versions of the Service may require payment in accordance with the amounts set forth on a separate quotation or price list provided by Easy2Hike, which may be available at an Internet location provided to you by Easy2Hike (a “Quotation”). You must make payment of such amounts according to the payment terms set forth in the Quotation. Payment of such amounts must be without deduction or withholding including in respect of taxes or other government charges. Late payments shall be subject to a late fee of 18% per annum or, if lower, the highest amount permitted by applicable law. In the event of any conflict between these Terms and the express terms of any Quotation, the express terms of such Quotation shall govern.
We currently accept payments by means of some major credit cards, but we may add or change payment methods in our sole discretion. You must respect the terms and conditions of any payment methods you use. We may revise prices at any time, including by beginning to charge for the version of the Service that is currently provided without charge.
Park acknowledges that Easy2Hike may disclose to Park certain confidential information confidential or proprietary to Easy2Hike, the Site or the Service. Park may disclose to Easy2Hike certain information regarding its business and operations. Either party (“Receiving Party”) receiving information from the other party (“Disclosing Party”) which the Disclosing Party has marked or identified as confidential or proprietary, or which should reasonably be considered confidential or proprietary given its content and the circumstances of its disclosure (collectively, “Confidential Information”), agrees to keep such Confidential Information confidential during and after the Term and not disclose or use such Confidential Information except in performance of the Receiving Party’s obligations hereunder or as otherwise required by law. Confidential Information shall not include information (i) already lawfully known to or independently developed by the Receiving Party without access to or use of the Confidential Information of the Disclosing Party, (ii) lawfully received by the Receiving Party from any third party without restrictions, (iii) publicly and generally available, free of confidentiality restrictions, or made publicly available through the Service by the Park; or (iv) required to be disclosed by law, provided that the Receiving Party provides prompt notice of such requirement to the Disclosing Party. The Receiving Party shall restrict disclosure of Confidential Information to those of the Receiving Party’s employees and officers with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein.
Easy2Hike and its licensors own the Service, including all worldwide intellectual property rights in the Service and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service or content. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Easy2Hike or any third party.
By agreeing to this Agreement you grant Easy2Hike and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual license to use any trademarks including, but not limited to, the logo and name of the Park on the Application and the Site.
We do not claim ownership of the Park Content, however by submitting or posting any Park Content, you grant Easy2Hike and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Park Content on, through or in connection with the Service and/or Site (including to post such Park Content to any social media Internet sites or applications) in any media formats and through any media channels, including without limitation, for commercially promoting the Service.
By agreeing to this policy you also agree to include a link to the Google Play and Apple App Store pages where the Application is available for download on the Park’s website.
Easy2Hike cannot and does not accept any responsibility or liability in respect of the use end users make of the Park Content, with respect to their behavior in the Park and/or with what may happen to them while at the Park. EASY2HIKE DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE ACTIONS OR INACTIONS END USERS TAKE AS A RESPONSE TO THE NOTIFICATIONS OR PARK CONTENT PROVIDED BY THE SERVICE. ALL SUCH LIABILITY SHALL LIE SQUARELY WITH THE END USERS AND/OR THE PARK. Easy2Hike only acts as a platform connecting the Park and its visitors.
Please be aware that Easy2Hike’s policy is to make all efforts to cooperate with law enforcement officials regarding any unlawful behavior, and we will share all data as required to cooperate with any law enforcement request.
You agree that you will not act in any way or transmit or post any Park Content that: (a) restricts or inhibits use of the Service and/or Site; (b) solicits an end user's password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner (including creating multiple accounts or personas) whether to another user, to us, or otherwise; (d) infringes (or results in the infringement of) Easy2Hike’s or any other third party’s intellectual property or other rights; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause Easy2Hike to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage Easy2Hike or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
The software and technology underlying the Service is the property of Easy2Hike, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service for any purpose; (b) modify the Service or insert any code or product, or manipulate the Service in any way, (c) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of end user generated content; (d) use the Service in connection with any commercial endeavors in any manner; (e) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (f) harvest, collect or mine information about end users of the Service and/or Site.
Disclaimers & Disclaimer of Warranty
YOUR USE OF THE SERVICE AND/OR CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE AND/OR CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND FROM EASY2HIKE. EASY2HIKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EASY2HIKE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE AND/OR CONTENT; OR (II) THAT THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICE.
Content on the Service comes from various sources including, without limitation, Parks, end users and Google Maps. Easy2Hike attempts to be as accurate as possible. HOWEVER, EASY2HIKE DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. EASY2HIKE IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, WHETHER CAUSED BY END USERS, PARKS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. EASY2HIKE CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. We reserve the right to correct any errors, inaccuracies or omissions and to change or update content, including Park Content information at any time without prior notice.
You understand that Easy2Hike is not responsible for the accuracy, usefulness, safety, appropriateness or intellectual property rights of or relating to any content, including Park Content, available on the Service.
WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS, PARKS OR END USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. WE DISCLAIM ALL LIABILITY FOR THE CONDITIONS OF THE PARK AND ANYTHING THAT HAPPENS IN THE PARK.
No advice or information, whether oral or written, obtained by you from Easy2Hike, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
Easy2Hike assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content and/or Park Content. Easy2Hike is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service and/or Site, including any injury or damage to users or to any person's computer related to or resulting from participation, downloading or uploading materials in connection with the Service. Under no circumstances shall Easy2Hike be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content and/or Park Content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline.
IN NO EVENT SHALL EASY2HIKE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EASY2HIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL EASY2HIKE'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO EASY2HIKE FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO EASY2HIKE FOR THE USE OF THE SERVICE, THEN EASY2HIKE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to indemnify, defend, and hold harmless Easy2Hike and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or any representative of the Park; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service including a claim, loss or damage experienced as a result of an end user's use of the Service and including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any matter for which you are responsible hereunder or under law. You agree that your use of the Service, including, without limitation, provision of services in connection with the Service shall be in compliance with all applicable laws, regulations and guidelines. We may update these Terms from time to time - we encourage you to review them periodically.
Content Linked to by Easy2Hike
You may use the Service to facilitate transactions with end users and provide links to your own or third party sites for such transactions. You may not, however, put clickable links in the Park Content. Easy2Hike cannot accept responsibility for any payments processed or submitted through such sites or any other damages or claims arising from use of such sites.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the courts in Tel Aviv/Jaffa and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Easy2Hike or authorizes you to act on behalf of Easy2Hike. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Easy2Hike and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may elect to keep archives of all or parts of the Service, but we cannot guarantee that anything available on the Service, or any records or information relating to the Service, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.