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Home > Info > Terms & Conditions
Terms & Conditions
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Updated on 5/04/2006
Outdoorzy.com welcomes you to our web site! Please read through the terms and conditions below and when you Join you will be asked to agree to these. By using Outdoorzy.com you agree to the terms on this page. Please check back often as these terms may change. This is a legally binding agreement which can change without prior notice. Our party shall be referred to in this document as Outdoorzy or Outdoorzy.com.
Outdoorzy reserves the right to update these terms and conditions at any time, please check back often for updates.
Outdoorzy will protect your personal information, but any information placed in a public place is open for anyone to see. Be cautious about where you post information.
If this policy were to ever change it would be noted here for all users to view.
Under-age users and Outdoorzy
Outdoorzy promotes a healthy active lifestyle for all ages, races, ethnicities, and nationalities. Outdoorzy does not in any way approve of, and actively fights against any misuse of user information or abuse of any users rights. Outdoorzy can not restrict any underage users from using our website. We do however feel that any parents with children under the age of 18 should monitor their use of the web. This site is not intended for those under the age of 18 years old. We do our best efforts to continuously monitor user submitted information on our site for any malicious or inappropriate content. However it is not possible for us to find all inappropriate content and implore the users to report misuse of the site and its functionalities. Outdoorzy.com discourages users under the age of 18 to post personal information on our site for fear of misuse by other parties. We will constantly seek out anyone who posts inappropriate material (images, text, etc.). Anyone found to be posting inappropriate materials will automatically be REMOVED as a user, and be REPORTED and PROSECUTED to the appropriate authorities if the offense so deems.
About Outdoorzy and the Information We Collect
Outdoorzy is an online networking community that connects people through networks of friends for communicating on various topics, including outdoor activities. Users create their own profiles which are shown to the people in their network. A network consists of a user's friends as well as the extended group of people that a user is connected to through chains of mutual friends. In order to accomplish this, some personal information we ask for is displayed to people within these personal networks. It allows for the network to be useful and for users to find other uses with similar interests and activities.
Information Collected/Tracked by Outdoorzy
Information submitted to Outdoorzy
Outdoorzy collects account information submitted by the users such as name, location, and email address to identify users and send notifications related to the use of the service. Outdoorzy also collects user-submitted profile information such as gender, age, activities, location, etc.
Information not Directly Submitted by Users to Outdoorzy
This is information we collect that is not personally identifiable, such as browser type and IP address. This information is gathered for everyone who uses the site and allows us to bring you a better user experience by customizing the site for your specific technical settings.
Use of Information Obtained by Outdoorzy
Information users submit to Outdoorzy
User Name and photos will be used by Outdoorzy to show new members or examples of members on various pages throughout the site. Profile information as well as first name and photos are displayed to people in a user's network. Email address and full name are used when a user invites a friend to join the service, when a user requests to add another user to their friend list, and when we send notifications to a user related to their use of the service or to new products or functionality. Except when inviting or adding friends, a user's email address is not shared or displayed with people within a user's network. Users within a network communicate on Outdoorzy with each other through our messaging service, without disclosing email addresses. We may also use a user's email address to send periodic newsletters or information about changes or updates to the site, but the user may choose not to receive email of this type by accessing their Account Info.
Outdoorzy will also use some of the information posted on our site for content. When a Trip Report, Gear Review, or Destination Review is posted then that information is public and can be used on other areas of the site. This is how Outdoorzy builds its content and allows other users to learn from the user who posted the information. This is the nature of this site and the business plan that Outdoorzy uses. When a customer searches on a subject that a user has posted a review or trip report on, for instance, that trip report or review will appear as a search result. Outdoorzy does however offer the option to make a posting public or private in some cases, but not all.
Information that users do not submit to us
We use your server, IP address, and browser-type related information in the general administration of our website. We may also set cookies to further customize your experience through advertising and related products.
Sharing of the Information this Site Gathers/Tracks
Unless we inform you otherwise, we do not sell, rent, share, trade or give away any of your personal information unless required by law or for the protection of your membership. However, Outdoorzy may share profile information and aggregate usage information in a non-personally identifiable manner to advertisers and other third parties in order to present to members more targeted advertising, products and services that may be of interest to them. We do not disclose information that will be used to identify you personally.
Co-branded and Joint Offerings
We may from time to time co-brand our content, product offering, or communications with a partner or advertiser. Those co-branded materials will be obvious in that they will have our name or logo along with our affiliate or partners logo or name. Please be aware that when you click through any of the links that are provided on these co-branded efforts that they may not be connected to Outdoorzy and may adhere to the advertiser's or partner's Privacy Policy and not Outdoorzy's.
Links
This site may contain links to other websites. Please be aware that Outdoorzy is not responsible for the privacy practices of other Web sites, including advertising or ecommerce partners. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personal information. This privacy statement applies solely to information collected by this Web site.
Use of Cookies
Cookies are pieces of data stored on the user's computer tied to information about the user. We use session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. Cookies are used to manage sessions on our site. Users must enable cookies to use our site. Also, users may optionally use a cookie to remember their password in order to automatically log in to our site. We do not and will not use cookies to collect private information from any user which they did not intentionally submit to us. It is the user's choice to enable cookies on their browser.
Correcting/Updating or Removing Information
Outdoorzy users can modify any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info. If you loose your password or cannot access your profile for editing please contact info@outdoorzy.com for help.
Changes in Our Privacy Policy
If we change our privacy policy, we will post the changes here on our web site for our users. If we use personally identifiable information in a manner different from that stated at the time of collection we will notify users via email or by placing a prominent notice on our site. If at any time a user wants more information on the Privacy Policy or how their information is being used they can contact info@outdoorzy.com.
Invite a Friend
If a user elects to use our Invite feature to invite a friend to our site, we ask them for the friend's email address. Outdoorzy will automatically send the friend an email inviting them to join the site. Outdoorzy stores this email address for the purpose of automatically adding the respondent to the friends list of the user sending the invitation, and also to send reminders of the invitation. Outdoorzy does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders. The friend may email info@outdoorzy.com to request the removal of this information from our database. Outdoorzy will allow the person invited to opt-out of future offers but we cannot control if others send invitations again.
Events Calendar, Private Messaging, Chat Rooms, Message Boards, and Public Forums
Always use caution when posting on the events calendar, forums, message boards, or other public areas of our site and other sites. Please keep in mind that whenever you voluntarily disclose personal information online for example on message boards, through e-mail, or in chat areas - this information can be collected and used by others. In short, by posting personal information online that is publicly accessible, you may receive unsolicited messages from other parties in return. Be careful about where you post information that is personal or sensitive in nature.
Classifieds
Postings to the Outdoorzy Classifieds section are subject to withdrawl due to improper content. Improper content will be judged solely by the Outdoorzy, LLC staff without question. All items for sale in this section must be legal in all U.S. states and must comply with all laws set forth in the United States. Any member who posts an item in the Classifieds section is responsible for that posting and can have their account removed if they post any illegal or offensive material. If you have to think whether or not something is offensive or illegal, then you should not post it.
All transactions between seller and buyer on the Classifieds section are between those two individuals and are solely their responsibility. Outdoorzy, LLC has no responsibility for non-payment or non-delivery issues. If you have sold an item, you are entirely responsible for collecting payment. If you have bought an item, you are entirely responsible for ensuring you receive that item. Any misconduct should be reported to Outdoorzy, LLC buy using info@outdoorzy.com. Outdoorzy, LLC reserves the right to delete any accounts that have abused the system. Outdoorzy, LLC also reserves the right to report any individual to their local law enforcement should they find that a law has been broken.
Please be a responsible member of Outdoorzy.com by being honest and honorable in all your Classifieds transactions. Report any abuse.
Security
Your Outdoorzy account is password-protected. This web site takes every precaution to protect our users' information and treats this very seriously. We use industry standard measures to protect your information that is stored within our database. We limit the access to your information to those employees who need access to perform their job function such as our customer service personnel or database update maintenance. If you have any questions about the security at our website, please email us at info@outdoorzy.com
Opting-out of Emails
Users who no longer wish to receive our periodic emails and newsletters can opt-out of receiving these communications by following the instructions contained in the email or by logging-in and changing their settings in the Account Info section of the site.
Third Party Advertising
The ads appearing on this Web site are delivered to users by our advertising partners. Our advertising partners may set cookies. Doing this allows the ad network to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. Outdoorzy does not have access to or control of the cookies that may be placed by the third-party ad servers or ad networks.
This privacy statement covers the use of cookies by Outdoorzy and does not cover the use of cookies by any advertisers. If users are not sure of an advertisers policies they should research that company and its policies before following an advertising link.
Contacting the Web Site
If you have any questions about this privacy policy, the practices of Outdoorzy, or your dealings with this Web site, please email us at info@outdoorzy.com. If you have feedback about the policy or would like to make a suggestion please send those messages to feedback@outdoorzy.com.
1. Privacy. Use of Outdoorzy.com and/or the services is also governed by our Privacy Policy. It is your responsibility to read the Privacy Policy in full.
2. Commercial Use. Personal profiles are for use by individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may ONLY join as Businesses in the Business Directory. Any misuse of the site by an organization will lead to REMOVAL of their account and PROSECUTION under the full extent of the law. Businesses are encouraged to contact us for advertising options at advertise@outdoorzy.com.
3. Eligibility. You must be eighteen or over to register as a member of Outdoorzy.com or use the Web site. Membership in the Service is void where prohibited. By using the Web site, you agree that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
4. Terms of the Agreement. This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. Outdoorzy may terminate your membership for any reason, at any time. If Outdoorzy terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.
5. Proprietary Rights in Content on Outdoorzy.com. Outdoorzy owns and retains all rights in the Web site and the services provided here. Outdoorzy.com contains the copyrighted material, including links individual data, trademarks, and other proprietary information of Outdoorzy, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. If you have questions on what material you can use from Outdoorzy contact us at info@outdoorzy.com
6. Content Posted on the Site and its subsidiaries.
a. You understand and agree that Outdoorzy may review and delete any content or profiles that in the sole judgment of Outdoorzy and it's employees violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display/post on the Service, or transmit to other Members through the site or outside of the site.
c. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
d. By posting Content to any public area of Outdoorzy, you automatically grant, and you represent and warrant that you have the right to grant, to Outdoorzy an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and sublicenses of the foregoing.
e. The following is a partial list of Content that is illegal or prohibited on Outdoorzy.com. Outdoorzy reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this agreement, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
* displays pornographic or sexually explicit material of any kind;
* is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
* harasses or advocates harassment of another person;
* involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
* promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
* contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
* provides material that exploit people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
* provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
* solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
* engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
* solicits people you don't know to add you or accept you as a friend on Outdoorzy.
All of this is prohibited, but there is a small chance that you might become exposed to such items and you (the user)further waive Your right to any damages (from any party) related to such exposure.
f. You must follow all laws (international, federal, state, local, or otherwise) when using Outdoorzy.com and its services.
g. We are not responsible for any personal information you post on your profile
h. You may not engage in advertising solicitation through posts you make on Outdoorzy.com
7. Copyright Policy. Although Outdoorzy.com allows users to view and learn from other user posts, Trip Reports, Gear Lists, and Gear Reviews. We do not allow the reproduction of these materials in any way. Gear Lists may be printed out for reference, but may not be published on any other sites or in any publications. Outdoorzy owns the rights to all posts on the site. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Outdoorzy's Copyright Agent for notice of claims of copyright infringement can be reached as follows: info@outdoorzy.com and we will disseminate any information to our attorneys for appropriate action.
8. Disagreements or Disputes among Members/Users. Outdoorzy cannot take responsibility for disputes or disagreements between users of the site. You are solely responsible for your interactions with other Outdoorzy users. Outdoorzy, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members. Any legal action arising from any disputes or disagreements occurring on Outdoorzy.com are the sole responsibility of the users and Outdoorzy has now responsibility for these disputes.
9. Disclaimers. Outdoorzy is not responsible for any incorrect or inaccurate Content posted on Outdoorzy.com or in connection with the Services we provide, whether caused by users of the Web site, users or by any of the equipment or programming associated with or utilized in the Service. Outdoorzy is not responsible for the conduct, whether online or offline, of any users. Outdoorzy.com and its services are provided "AS-IS" and Outdoorzy expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Outdoorzy cannot guarantee and does not promise any specific results from Outdoorzy.com and/or the services provided. The services may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Outdoorzy or through or from the service shall create any warranty whatsoever.
10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Outdoorzy be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Outdoorzy has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Outdoorzy's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Outdoorzy for the Service during the term of membership.
11. Disputes. If there is any dispute about or involving Outdoorzy.com and/or the services provided, by using the Outdoorzy.com you agree to first contact Outdoorzy.com and our legal team to resolve the issue. If a resolution cannot be met you agree that the dispute will be governed by the laws of the State of Kentucky without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Kentucky.
12. Indemnity. You agree to indemnify and hold Outdoorzy, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
13. No Agency with users. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Outdoorzy and any User of the services. Nor is there an implied agency, partnership, joint venture, employee-employer or franchisor-franchisee relationaship between Outdoorzy and any user of the services.
14. Other. This Agreement, accepted upon use of Outdoorzy.com and further affirmed by joining with a profile, contains the entire agreement between you and Outdoorzy regarding the use of the Web site and/or the Service. The failure of Outdoorzy to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. It is your responsibility to read this statement in its entirety.
Contact us with any questions regarding these Terms & Conditions.
If you do not agree to these Terms & Conditions please cease using this site and its services immediately. It is your responsibility as a user to read the Terms & Conditions and Privacy Statement of this web site or any other before using its services.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Outdoorzy.com and Outdoorzy are trademarks of Outdoorzy, Inc.
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