The legal stuff.
By using this website, you agree to the following:
Welcome to Mappy Hour, powered by Massive Platform. www.mappyhour.org (“Website”) and associated domains, widgets or applications making up “the Service” are provided by OutdoorFest LLC (“Us” / “We”), giving you (“User” / “You”) access to our community platform.
ABOUT THESE TERMS OF USE
By accessing the Service, You agree to be bound by these terms and conditions (“Terms of Use” / “Terms”), so please read them carefully. We reserve the right to vary these Terms at any time by posting updated versions on this page. In addition to these Terms of Use, please refer to our Privacy Policy – your use of the Service constitutes agreement to this as well.
ELIGABILITY
You must be at least 18 years of age to use the Service. By accessing and using MappyHour.org You represent and warrant that You are complying with this requirement.
ACCOUNT INFORMATION
You are responsible for any personal information provided to Mappy Hour while using the Service – keep your password and personal information confidential at all times. Any information You provide will be treated in compliance with the Privacy provisions of the Website.
REGISTRATION AND MEMBERSHIP
You may apply to register as a member on the Website by providing (at minimum) a valid email address and your name. We are entitled at our sole discretion to reject any applications for membership.
YOUR USE OF THE SERVICE
You must use the Service in accordance with any applicable laws and regulations and these Terms of Use. You must not: - Use the Service for illegal or immoral purposes or infringe any third party’s rights, including but not limited to privacy or intellectual property rights; or - Cause harm or attempt to cause harm to another user; or - Behave in a way that is offensive, racist, abusive, obscene, threatening or libelous; or - Attempt to gain unauthorized access to any information available via the Service; or - Misuse the Service in any other way The opinions expressed using our Service, or on media linked to our Service are not necessarily ours or our affiliates’. We do not undertake to monitor or review all user-generated content posted using our Service, and any use of the Service will be at Your own risk. If you consider that Your rights (such as your privacy or intellectual property rights) are being infringed by another person, or Mappy Hour please contact us.
We have the right to: - Monitor and record any content and, at Our sole discretion, remove for any reason any content submitted by You; and - Prevent your access to, or use of, the Website or Service or terminate your membership with immediate effect in accordance with the termination provisions below; - Make any changes to the Website and Service in our sole discretion or as required from time to time by law or any other applicable requirements; - To the extent permitted by law, use, distribute, reproduce, store, archive, publicly perform and display your content in any media whatsoever and to use your content for any purposes including but not limited to commercial, advertising and promotional purposes. DISCLAIMERS We do not warrant that the Website or the Service, or that any element of the Website or Service, will meet your requirements, purpose or expectations, nor that any of the content on the Website or in the Service is accurate or complete and we are under no obligation to check any of this content. The Website and Service are provided 'as is' without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility and security. We do not provide any warranties in respect of the Website or Service or the results, availability, or uninterrupted use of the Website or Service. We occasionally have to perform necessary network maintenance or network upgrades. If we plan to bring down the Website or Service we will try to provide reasonable advance notice to You. However please note that, without notice and at any time, we may be required to perform emergency maintenance to preserve the integrity of our network and we are not liable to You for doing so.
TERMINATION
We shall be entitled to terminate your access to the Website and our Service and may terminate your membership with immediate effect in the event that: - You breach any of these Terms of Use; or - We cease trading or for any reason cease to operate the Website or Service. If we terminate Your membership we will notify You in writing to the e-mail address You have supplied to us. You may terminate Your membership at any time via the Website. I
INTELLECTUAL PROPERTY RIGHTS
Any and all Intellectual Property Rights in the Website and Service shall be owned by us or our associates or licensees (as applicable). 'Intellectual Property Rights' means patents, trade marks, service marks, registered designs, design rights, confidential information, applications for any of the foregoing, copyright (including copyright in software), database rights, know-how, unregistered designs, trade or business names and other similar rights or obligations anywhere in the world, whether registered or not and whether capable of registration or not. Any trademarks including logos, names and images displayed on the Website are our registered or unregistered trademarks or those of our licensors as applicable. Except where we expressly state otherwise, nothing on our Website confers any license or right to use any trademarks displayed on our Website without our prior written approval.
MEDIA
You agree that you understand that at this event or related activities you may be photographed. You agree to allow your photo, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and/or assigns. THIS WEB SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND OUTDOORFEST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. While Mappy Hour uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, screening of photographs submitted to us, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs. If your photograph appears on this Web site without your consent and you wish to have it removed, please contact us via email at: mappyhour@outdoorfest.com. Photos on this website may be shared if proper credit is given.
LIMITATION ON LIABILITY AND INDEMNITY
We shall have no liability to You for any and all direct or indirect, special or consequential damages, claims, awards, costs or expenses that arise out of the use of the Service or are a result of the use of the Service, to the maximum extent allowed by the law. In any event the sole remedy for any claims or dispute you might have concerning the Service or these Terms of Service is to discontinue using the Service. Nothing in Terms of Use shall exclude or limit: - Our liability for death or personal injury due to our negligence or any liability which we are not permitted to exclude or limit as a matter of law; or - Any of your statutory rights which may not be excluded or limited due to You acting as a consumer. You shall indemnify us against any and all losses, damages, awards, costs (including legal costs) and expenses suffered by us and arising from or relating to your use of the Website and/or Service, or arising from or due to any breach of these Terms of Use by You.
GENERAL
You agree that no joint venture, partnership, employment or agency relationship exists between You and us as a result of this agreement or your use of the Website and / or Service. We may assign or transfer our rights and obligations under these Terms of Use to a third party at any time. Except for any documents referred to in these Terms of Use or on the Website, these Terms of Use contain the entire agreement between You and us with respect to the subject matter hereto and supersedes all previous agreements and understandings between us. If any provision of these Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms of Use and the remainder of the affected provision shall be unaffected and shall remain in full force and effect. No waiver by us of any breach of these Terms of Use shall be considered as a waiver of any subsequent breach of the same provision or any other provision. Any delay or failure by You or us to perform any obligation under these Terms of Use shall not constitute a breach of these Terms of Use to the extent that it is caused by an act, event, omission or accident beyond the reasonable control of that party. All third party rights are excluded and no third parties shall have any right to enforce these Terms of Use. This shall not apply to our associated companies who shall have the right to enforce these Terms of Use as if they were us. These Terms of Use are governed by and interpreted in accordance with the laws of the state of New Jersey and the parties hereby agree to submit to the exclusive jurisdiction of the new Jersey Courts.