This website and the mobile applications and services available in connection with www.therockandwall.com website (“Website”, “Site” “this site,” “our site,” etc.) is owned and operated by Oknel Media Limited trading as The Rock & Wall or ‘Company’, ‘us' or ‘we' refers to the operator and owner of the Website whose registered office is 16a Kemp Road, Bournemouth, BH9 2PW and whose UK company registration number is 07235790. We are a limited company. If we provide services to you for which you pay us a fee, the following additional information about us should also be noted by you: Our VAT registration number will be provided to you when required.
When we say "your content" or "content", we mean any text, sound, files, graphics or other material which you post, upload, protect, or sell on or through the site; similarly, when we say "the Rock & Wall content," we mean the copyrightable text, sound, graphics, and other material owned by the Rock & Wall. And when we say "terms," we mean these terms of service.
These terms also apply to those visitors who become registered members of this Website and who contribute their own views, content, comments and climbing information via the forum or through other interactive means on our Website.
We own our stuff; you own yours.
You retain ownership of all content you upload to, or otherwise share on the site. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the site and services we provide to you. This license permits us to perform the services that you registered for; for example, it permits us to store your content on redundant data servers, but it does not permit us to sell your content to advertisers or any other third party, nor does it transfer the copyright to us. This license ends when you delete the material or your account (subject to our standard data backups, which we retain for 30 days).
In addition, the site may provide features that will allow you to sell products to others. There are many things that others may do with that content, including copying it, modifying it, and re-selling it. So, please consider carefully what you choose to sell; we take no responsibility for that activity. Furthermore, you affirmatively agree not to reproduce, publish, or distribute content in connection with the site that infringes any third party's trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right.
If we offer goods for sale on this Site and if you proceed to purchase such goods, then you will also be bound by separate E-Commerce Terms and Conditions. When you agree to such terms, you will also be agreeing to the Data Protection Act section within those E-Commerce Terms and Conditions.
All the Rock & Wall content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by UK and international laws. Use of our content without our express prior written permission is strictly prohibited.
therockandwall.com, the Rock & Wall, and the Rock & Wall logo are trademarks or registered trademarks of Oknel Media Limited T/A the Rock & Wall, in the United Kingdom and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.
You agree that all custom development and other data or materials generated or developed by us in connection with the site, including without limitation in response to your request for custom development or integration services or in connection with your suggestions, enhancement requests, recommendations, or other feedback, shall be and remain the property of the Rock & Wall. To the extent that any rights to such materials, under applicable law, do not vest directly in the Rock & Wall, you hereby assign to the Rock & Wall the ownership of all such rights, including without limitation all copyrights, in such materials without the necessity of any further consideration and the Rock & Wall shall be entitled to obtain and hold in its own name all such rights in such materials. To the extent that any such rights to such materials do not vest directly in the Rock & Wall and applicable law prohibits the assignment of such rights to the Rock & Wall, you hereby grant to the Rock & Wall a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to all such rights without the necessity of any further consideration.
We have some ground rules which you must adhere to when using the site. You agree not to do any of the following:
You must not reproduce, duplicate or copy information from our website for any commercial purpose or enterprise;
You must not republish material from this website without our permission;
You must not sell or rent information or material from this website;
You must not misuse this website by introducing to it any viruses, trojans, worms or other material which by intent is malicious or technologically harmful;
You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to this website;
You must not attack or co-ordinate an attack on this website with a denial-of-service (DOS) attack;
By breaching the above conditions, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the police authorities and we will co-operate with those authorities by disclosing your identity to them;
If you are a registered member of the Site then you may, at our sole discretion, be permitted to contribute your own content, ideas, climbing locations and forum posts. Remember that you are legally responsible for the content you contribute to this Site. Registered members are required to agree to the following conditions of use before being permitted to submit their application for membership of this Site. Accordingly, registered members or those applying for membership agree to:
- respect the views of others; and
- refrain from using profanity/ bad language; and
- refrain from using racist, hateful, intolerant or derogatory terms or sentiments in your contributions; and
- refrain from ‘trolling’ or abuse of other users and contributors to this Site; and
- refrain from submitting ‘spam’ i.e. irrelevant content or links bearing no relation to the Site or forum topic; and
- refrain from claiming other’s content as your own; and
- show consideration to the safety of fellow climbers in the contributions you make;
You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United Kingdom; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.
6. Canceling your account
You can cancel your account at any time by visiting your account. If you like, you may request an export of your data. Upon canceling your account, all your data will be immediately and permanently deleted from our servers. Offsite backups containing your data will be deleted within 30 days.
7. Disclaimer of warranties
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.
8. Limitations of liability
Your use of any information on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, information or advertised products or services available through this website meet your specific requirements.
The sport of climbing is dangerous and we cannot guarantee that you will not suffer injuries or worse through your participation or involvement in climbing activities. Only you or your responsible guardian can be responsible for your own safety in an inherently risky sport.
Whether you are a consumer or a business, you accept that we shall be under no liability whatsoever to you for the following matters which are further described below: any indirect loss and/or expense (including loss of profit or goodwill) suffered by you or any third party arising out of your use of the information contained in this site or any subsequently supplied information that we may send to you. If you are a consumer, you accept that your use of this site is for domestic, non-commercial use only.
We shall be under no liability for any errors, omissions or inaccuracies contained either on this website or in any subsequently provided information.
We will not be liable if for any reason our site is unavailable at any time or for any period.
To the fullest extent permitted by law and with the exception of matters detailed below for which liability cannot be excluded or limited, we hereby expressly exclude:
• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• any liability for any indirect or consequential loss or damage incurred by any visitor or user in connection with our website or in connection with the use, inability to use, or results or the use of this site, any websites linked to it and any material posted on it, including, without limitation any liability for:
- loss of income or revenue; and
- loss of business; and
- loss of profits or contracts; and loss or corruption of data; and loss of goodwill; and
- for any other direct loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable except that, if and to the extent that we provide services to you via our site for which a fee is payable to us by you, our liability to you for such “service” shall, subject to the other limitations and exclusions of this section 8, be limited to an amount equal to the fees received by us from you in relation to such service.
The clauses of this section 8 do not affect liability for death or personal injury arising from our negligence, nor our liability for fraud, nor any other liability which cannot be excluded or limited under applicable law.
We will not be liable for any loss or damage caused by a denial-of-service (DOS) attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs or stored data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any third party website linked to it.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods to you, which will be set out in our E-Commerce Terms and Conditions.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
11. Right to terminate
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures and/ or when registered as a member of our Site, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us unless and except that you accept that you are responsible for the acceptance of and compliance with these terms by anyone who uses your internet connection to access and use our Site.
If you are a consumer, please note that these terms are governed by English law and that you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any dispute arising out of your use of our website. If you are a business user, you accept that your use of this website and any dispute arising out of such use of the website shall be governed by the laws of England and Wales and that they shall be subject to the exclusive jurisdiction of the courts of England and Wales and, primarily and where applicable, our local courts.
You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last Updated: May 19th, 2018
These Terms were derived from Editorially's, which is available under a Creative Commons Sharealike license. You in turn are therefore allowed to copy it, adapt it, and repurpose it for your own use as permitted under the terms of that license. Just make sure to revise the language so that your policy reflects your actual practices.