This Candition.com website (the "Site") is a service, intended to allow canyon explorers to share the conditions of slot canyons with their peers. The Site is owned and operated by Dave Johnson.
These Terms limit Candition's liability and obligations to you, grant Candition certain rights and allow Candition to change, suspend or terminate your access to and use of the Site. Your access to and use of the Site are expressly conditioned on your compliance with these Terms. You agree to notify any employees, agents, household members or other individuals who will access the Site of the terms and conditions of these Terms and they must agree to be bound by these Terms, prior to their use of the Site.
You understand that by clicking the "I agree" button, by using the site or your user account you are agreeing to be bound by these terms. If you do not accept these terms in their entirety, you may not access or use the site. If you agree to these terms on behalf of a business, you represent and warrant that you have the authority to bind that business to these terms and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.
you must be at least sixteen (18) years old to use the site. If you are not yet 18 years old, do not use the Site.
For purposes of the Terms, the following defined terms shall have these meanings:
"IPR" means any rights in or to, but not limited to, copyrights, patents, trademarks, brand names, trade names, business names, know-how or confidential information and any other rights in respect of any other industrial or intellectual property, whether registrable or not and wherever existing in the world and including without limitation all rights to apply for registrations of any of the foregoing rights;
"Site" means this site, including any and all audio and/or visual elements thereof, created or owned by Candition or by Candition's approved third party provider ("Third Party Provider"), or user generated content, whether or not commissioned by Candition), including, without limitation, any text, graphics, images, photographs, works, designs, logos, and other information and content made available through the Site, as well as all underlying technical elements of all of the foregoing, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions.
Grant of Rights
Candition grants you a limited, non-exclusive, non-assignable, non-transferable right and license to access, use and display the Site, solely as described in these Terms, provided that you comply fully with these Terms.
In the event that you access, customize or download Site content, such Site content is non-exclusively licensed to you by Candition or by a Third Party Provider. Candition does not transfer title to the Site content to you. You may own the medium to which your custom content is recorded, but Candition and/or the Third Party Provider retain full and complete title to their respective content, and all IPR therein. You may not and agree not to redistribute, sell, decompile, reverse engineer, disassemble the Site content.
During your use of the Site, you may send, post, or otherwise transmit text, links, photographs, video. (collectively, the "Submissions") to the Site, whether or not requested to do so by Candition. You shall be deemed to have granted to Candition a worldwide, perpetual, royalty-free, non-exclusive, transferrable, sub-licensable, license to cache, copy, distribute, transmit, publicly display, reproduce and otherwise use or exploit the Submissions on the Site and in any other media, digital or analog, now known or hereafter developed throughout the universe including, without limitation, the internet, mobile devices, and in advertising or promotion, print or otherwise. YOU WILL CONTINUE TO OWN ANY IPR IN AND TO THE SUBMISSIONS THAT YOU ACTUALLY OWN WHEN YOU SENT SAID SUBMISSIONS TO THE WEBSITE. FURTHERMORE, YOU WILL CONTINUE TO HAVE CONTROL OVER SAID SUBMISSIONS.
For the avoidance of doubt, by submitting your Submission you understand and agree that: (1) any Submissions may become publicly viewable on the Site or elsewhere; (2) Candition has the right to publish your user name in connection with your Submissions, wherever applicable; (3) you will only submit Submissions that you own or have permission to submit from the owner, in which case you will provide Candition upon request with a copy of a written consent from the owner; and (4) your Submission constitutes a waiver of the right to privacy or publicity of the owner of the Submission and any third party named in it with respect to the Submission and all of its contents.
Candition shall have no obligation to pay you any compensation for your Submissions and with respect to Candition's use or nonuse of your Submissions, and is under no obligation to post or use any Submissions you may provide. Candition may, in its sole discretion, remove any Submissions at any time, with or without notice to you, prior or otherwise. You may request the removal of your Submissions for any reason on reasonable written notice to Candition, on receipt of which Candition will take commercially reasonable steps to comply.
Candition does not and cannot review all Submissions and is not responsible for the content or substance thereof. However, Candition reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person's rights of privacy or publicity, or otherwise unacceptable, provided that Candition shall not be deemed the publisher of any Submission by virtue of its right to control said Submission. Any views and opinions expressed in a Submission reflect author's point of view and are not necessarily those of Candition or its Affiliated Entities.
Site Rules and Guidelines
User Registration and Acceptance of Rules
In order to access some features of the Site, you may be required to create or register for a user account. In consideration for your use of the Site, you agree to: (1) comply with the Rules; (2) provide accurate, complete and true information about yourself as may be required on any registration form for the Site (your "Registration Information") in order to create your user account; and (3) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at Candition's sole discretion, have their user accounts suspended or terminated, and may be permanently banned from using any current or future features or services of the Site.
You are solely responsible maintaining the confidentiality of your user name and password. We urge you not to share your login information with others, as this may lead to unauthorized access to your user account and the information therein. You agree that you will: (1) immediately notify Candition of any unauthorized use of your user account; and (2) ensure that you properly log out of the Site at the completion of your use session. You are solely responsible for the activity that occurs on or through your user account. Candition shall have no liability for any loss or damage arising from your use of a user account, the Site, or your failure to comply with these requirements. Candition will not be liable for any losses caused by any unauthorized use of your user account, and you may be liable for the losses of Candition or others due to such unauthorized use.
You agree that your item listings shall include only accurate descriptions and representations of the item(s) to be given away and that all items to be posted on this Site shall be legal and shall not violate any local, state, national, or international law or regulation. The following non-inclusive list of violations may result in Candition terminating or suspending your user account and/or your access to the Site and you agree not to engage in any of the following conduct anywhere on the Site:
Submit material that is subject to the IPR protections of a third party, including without limitation, any IPR or material otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner of such rights to post said material and to grant us all of the license rights granted herein;
Request, demand, or suggest payment for items posted on or to the Site;
Use the website as a platform for promotional giveaways;
Transmit any Submission that Candition, in its sole discretion, advises to be false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
Harass, threaten, embarrass or cause distress or discomfort to another Site participant, user, or other individual or entity;
Distribute viruses or any other technologies that may harm the Site or the interests or property of our users and partners;
Harvest or otherwise collect information, including email addresses, about users or third parties whose information is made available on the Site, without their consent;
Use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
Impersonate or misrepresent your affiliation with any person, including without limitation, a Candition official or representative, chat or message board leader, guide or host;
Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
Post or transmit any unsolicited advertising or promotional materials other than the listing of items to be given away as a gift or for free pursuant to these Terms, or any other forms of solicitation anywhere on the Site; or Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the Site.
Third Party Websites
Disputes with other users
If you have a dispute with one or more users, you release Candition and its Affiliated Entities from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including without limitation attorney's fees, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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."
You understand and agree that Candition may, in its sole discretion and at any time, limit, suspend, or terminate your password, user account, or use of the Site, and discard and remove any and all Submissions submitted or posted by you to any part of the Site, for any reason. Candition may also, in its sole discretion and at any time, discontinue the Site, in whole or in part, or limit or restrict any user access thereto, for any reason. Candition also reserves the right, in its sole discretion and at any time, to cancel unconfirmed accounts or accounts that have been inactive for an extended period of time. You understand and agree that Candition may take any one or more of these actions without any notice to you, prior or otherwise. Should Candition take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your user account, including your Registration Information and Submissions. You understand and agree that Candition shall not have any liability to you or any other person for any termination of your access to the Site and/or the removal of information concerning your user account.
You agree to indemnify and hold Candition and its Affiliated Entities harmless for any and all disputes, claims, damages, losses, and causes of action (including without limitation attorney's fees) arising from these Terms, your use of this Site, your Submissions, or your violation or claimed violation of any law or rights of a third party, or any other breach or claimed breach of the Terms.
YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CANDITION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. CANDITION DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE DOES NOT VIOLATE ANY IPR OF ANY PERSON. CANDITION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CANDITION) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CANDITION AND ITS AFFILIATED ENTITIES SHALL CREATE A WARRANTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
Candition is simply reposting information that you provide, without any ability or responsibility on the part of Candition to verify this information. Candition makes no warranties as to the accuracy of the information you provide. Candition furthermore makes no warranties of any kind relating to any customer's ability to procure any item posted by another user of the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL CANDITION AND ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, ATTORNEY'S FEES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF LIFE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WHILE CANDITION TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, CANDITION AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF CANDITION AND ITS AFFILIATED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO CANDITION, IF ANY, FOR ACCESSING AND USING THIS SITE.
These Terms set forth the entire understanding and agreement between you and Candition with respect to the subject matter of these Terms.