You may use the Service solely for your personal, noncommercial use. You agree that you will not: (a) copy or distribute any part of the Service in any medium without CAELi’s prior written authorization; or (b) alter or modify any part of the Service in any manner. In order to access some features of the Service, you will have to create an account. You may never use another’s account without permission. When creating your account, you represent and warrant to CAELi that the information you provide is accurate and complete in all respects. You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you keep your password secure. You agree to notify CAELi immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CAELi without restriction.
Use of the Service is available only to individuals who are at least 18 years old. If you are not 18 years old, you are not authorized to use the Service.
Visiting Places You Find on the Service
When you use the Service to find places to visit, you should be aware that it is to be used for general planning purposes only. CAELi cannot guarantee that all information about locations is accurate, and information is not updated on a continuous basis to reflect changing conditions.
You agree that in conjunction with your use of the Service, you will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be (“Private Property”). You acknowledge that CAELi does not have and affirmatively disclaims any obligation or ability to provide you with complete and accurate information regarding the whereabouts of Private Property you may encounter when using the Service. Regardless of whether CAELi designates any content with a warning regarding its proximity to Private Property, you are solely responsible for obtaining all required permissions to approach or enter Private Property in connection with your use of the Service.
You agree to be mindful and respectful of places you visit in connection with your use of the Service. You agree that your behavior during any such visit will be appropriate to the environment around you and that you will not create excessive noise or other disturbances, or any unsafe conditions, in connection with your visit.
Visiting certain places that you learn about via the Service can be dangerous and may take you to difficult to access or potentially treacherous locations. There are many variables that must be considered prior to visiting, including: weather, fitness level, terrain features, and experience in similar situations in the past. Always exercise common sense and caution. Information on the Service about a location does not imply that accessing such location is safe or legal. CAELi makes no warranties, expressed or implied, regarding any such location or the accuracy, completeness or suitability of the information through the Service about such location. Visiting such locations can at times involve risk of injury, death, property damage, and other dangers associated with such activities. You understand that CAELi cannot and does not assume responsibility for any such personal injury, death, or property damage, all of which are at your own risk.
Third Party Services
The Service may contain links to third party websites, applications and other resources that are not owned or controlled by CAELi (“Third Party Services”). You acknowledge and agree that CAELi has no control over such Third Party Services, is not responsible for the availability of such Third Party Services, and does not endorse and is not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such Third Party Services, or any websites, applications or other resources that they may link to (collectively, “Third Party Content”). CAELi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Service or Third Party Content.
Intellectual Property Rights
Except where otherwise indicated, all material included on the Service, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein, are owned by or licensed to CAELi, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Service is subject to copyright owned exclusively by CAELi. Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of CAELi or (in the case of User Submissions (as hereinafter defined), the owner of such User Submission). CAELi reserves all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to CAELi, you hereby grant CAELi an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Service.
CAELi does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. CAELi reserves the right to remove Content and User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User’s access to its Service for any reason.
CAELi will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide CAELi notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” via this form that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT IS PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, CAELi, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. CAELi MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
- (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF CAELi’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN,
- (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, AND/OR
- (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY. CAELi DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CAELi SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CAELi WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL CAELi BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and offered by CAELi from its facilities in the United States of America. CAELi makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless CAELi and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- (i) your use of and access to the Service;
- (ii) your violation of any term of these Terms of Service;
- (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right;
- (iv) any claim that one of your User Submissions caused damage to a third party; or
- (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Service.
Code of Conduct for CAELi Users
- (i) abuse, harass, threaten, impersonate or intimidate others;
- (ii) contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- (iii) engage in any activity intended to obtain password, account, or private information from any user;
- (iv) transmit unwanted email or other communications; or
- (v) submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content;
- (vi) take any action that might impose an unreasonable or disproportionately large load on CAELi’s infrastructure;
- (vii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- (viii) bypass any measures CAELi may use to prevent or restrict access to the Site; or
- (ix) participate in any effort that in any way artificially alters the results of any voting or rating mechanism on the Service.